The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-12-25
AFTER .RAM'S HORN =
Railroads Go Into Court TO Tie
the city's Hands.
THE COURT wouL DN'T ALLOW IT.
The House OF Delegates Says the In
junction Case Must BE Rein
stated at Once.

retuate and protect their attempts 10 gam
actual possession Of the Columbia street
crossing Bat they counted without the
court. for their applications were brmly
denied upon points Of law and equity.
During the day the city government also
took decisive steps toward recovering the
rights signed away by the corporation
counsel The board of delegates 1T special
session requested mayor White 10 instruct
the corporatiod counsel to at once instl-
fute the necessary proceedings 70 secure
the reinstatement Of the cause, and 20 Sc
cure other counsel if necessary 10 attain
this end.
II was early in the day that the attor-
neys for the Northern Pacific and Puget
Sound Shore Railway Companies applied
for restraining order 10 prevent the city
authorities from tearing up their track or
IN any wise interfering with their property
The companies in their complaint claim
the right-of-way across Columbia street
and through the city TO the intersection of
Water and Clay streets, by virtue OF a grant
given them in city ordinance No. 262,
passed March IA. ISL and amended Octo-
Der ., ISIS. Under this ordinance they
claimed the right 10 construct their read
when stopped by temporary re-
straining order about two months
ago The railroad companies in
their complaint also contend that
the stipulation filed in court Monday, as
per agreement with Corporation Counsel
Jacobs. determined the case in their favor,
and BIZ dismissing the action against them
aud dissolving the injunction, practically
gave them the right 10 construct their read
across Columbia street, according 70 the
terms Of the stipulation.
1t was further alleged ia the complaint
on Tuesday that the city of Seattle and
Mayor White, with large force of men,
wrongfully and unIawfnlly entered upon
plaintiffs right-of-way and tore upa por-
ton of the railroad track and threaten To
tear up more of il and prevent the rebuild
ing Of the track unless restrained. That
the value Of this righ;-of-way is Sl,e0o,009.
aud great and irreparable injury viii be
done the companies unless the injunction
is granted and that the compensation for
damages cannot be adequately ascertained
or estimated aud the only remedy Is IN q
perpetual restraining order.
Mr.. ]. Is. Metcaiie, attorney for the
Northern Pacific and Puget Sound Shore
company read the complaint to the court
and then said:
don't think there is any one in this city who
knows more about this cause than your honor
Aoa wei know there was no legal reason why
we should not construct our railroad across that
street. Your honor also knows that the mayor
of this city organized mob, for IL was no legal
body. and tore up the tracks Of this company
There IS no reason, in ms judgment, Why We
should Dot have this restraining order granted
The court then glanced over the com
plant and after considering its allegation
said:
This il En application for a restraining order
made on ex parfe application, 10 restrain the dc
PENDANT, the city, from preventing the railroad
company using its alleged right-oi- way, and
from again maintaining and operating railroad
on the strip OF land in controversy, to wit, Co
lumbia street.
II is correct, as counsel have stated. that wes
are familiar with the facts in the case: that Is,
the facts that have come 10 our judicial knowi-
edge IN the various phases that the ease has as
sImed in this court. The statement of the
ssunsel that the court knows that the mayor OF
this city organized a mob and tore up the tracks
OF the plaintiff Is not correct The only knowl-
edge We have on this point is gathered from the
newspapers ana general talk Whether or not
the mayor Of this city organized a mob would
b. highly improper for rs DOW To say or pass
upo1- As 10 the statement OF counsel that this
court knows that no legal reason exists why the
Rad We have simply 10 say that that is one OF
the most material allegations and questions for
Us % pass upon. IN fact il is q vital point, the
determination oi which would affect the propri-
ETY. Of granting OF refusing the injunction, and
therefore il would also be highly improper for
us to assent 20 eouusels statement
Because sre familiar with and know so
many Of the facts that have come 10 our notice
IN court regarding the subject matter of the ap-
plication before will, 10 an extent. be
governed by these facts. of which we have Judi
cisi notice, and not We usually sre in appliea-
tons Tor restraining orders, solely and simply By
The iacfs OF allegations as they appear III the
complaint There Is one serious objection aud
that u the prayer ~ the plaintiff 20 restrain the
tity from sgsin preventing tho railroad con-
r9ny from maintaining and operating the
rosd, that Is 70 say, IL the restraining order is
granted the compspy might aud would IN
couatedly dc The same act, lay its tracks acros.
columbia street, and the city might therefore be
Egain thrown in the saine state III excitement a.
y has been during the past twenty four hours
snd the general rule, namely. that When
restraining order or temporary Injunction j.
granted. that matters shah remain in staf1i QUO
would b. violated. because with the restraining
order granted that plaintiff might proceed 10 Ne
lay is track and the hands OF the city suthori-
tiles would Dc tied and the result would be =
great state Of excitement prevailing and violent
sctS might DC committed II not hicodshcd As
the matter now stands. the Tailrcad does not
occrpy the strip OF land. or Columbia street nor
j. there sDy attempt, On the part OF the citv TO
change the status IF that str}pDi land No right
j. being iuterfcrcd with; hence no good would
ooHse from the issue IF the restraining 0rier jus.
now, 4 Judge is . C0uservatur IF the t<sae,
enc o. his duties j ID maintain the pesce
Seemingly one of the obieetss sought by This 70
Stralniug order understand Il, is To main
tain the peace As wen - 70 protect the com
pauys rights. but we fear that an attempted set
by the company, under the gl,I>e or strength Of
the restraining order, would result III a very
grave breach al the peace.
1t is proper. hen ones rights are affected. 70
seek redress in the courts therefore il j. E4uper
for the railroad company To come to the court
fog protection Of their rights. II j. the duty 81
The courts 70 protect the rights OF each ana ey-
ery person, whether natural or artificial. ana if
such rights are invaded, instead OF rr>ortIns To
unauthorized force Il Is a duty incumbent upon
The injured party to have his wrongs retircssed
~ the courts.
Au ojlflee If preventive i better than round
a. c0re- I'm tie existing state II affairs coal
heads aud mature deAhefatiou arr absolutely
n'oscG NoEe than The usual and ordinary care
should be taken that no uliSStep II taken, that
~ acf X done either by judge or counsel thsr
would .coYaTige the interest of amy party To th,
su3t. ~ those interested thcrriR
M legal oT eQuitSllc TcAsou having Fzeas s.
signed or shown in thr complaint aud h.l{axs,,r,
that VIC should perform car duty in ASSISTING p,
maintain the peaec. We refuse tac application
foF reStfslaiue order III addition. nO cs~.. Of
emergency IS shown IN thl> complaint. a. ,be
law reauircs No restraining order vii issue
uulesS TINS emergency Is thus shown There
sue, however sufficient slleEsgiouS set forth II,
the complaint 10 euutle the parties t. a hear
ing