The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-12-23
IT'S RIGHTS SIGNED AWAY.
City's Claim in the Right-of-Way
Case Surrendered.
Iucomprehensible Conduct of Judge
Jacobs, Corporation Counsel, in Set
Ting the Big Injunction Casa Rail-
road Track Built Across Columbia
street in the Nighttime in Defiance
of LAWFUL History Of the Case.


which has been before the equity courts OF Mtg
county for year and hall, and which IN
Holyed the right of the Columbia 4 Puget sound
aud the Puget sound shore 70 cross Columbia
street, so as TO get upon the winding
rirht-of.way Jointly occupied b. the defendant
companies before and up to the time Of the IRE,
wss suddenly and strangely dismissed in Judge
Iichtenberg's court yesterday upon the stlpula-
ton and motion OF Orange jacobs,
corparation counsel. who was charged with
the duty of securing the permanent injunction
against the npanies desired BY the city. The
railroad companies did not allow many houFs 10
pass without plgcking the substantial advantages
al their new found victory for shortly after dark
they took possession OF Columbia street al the
old railroad crossing and hastily laid track
across il Notwithstanding the efforts OF the pO-
lice TO prevent them
The case, which had been fought for over e
year BY eminent counsel on both sides, was
called up for final argument yesterday morning.
Mr. Thomas L. Shepard presented the case Of
the city in the opening argument, citing
numerous authorities in support OF
the eity's case. He was then compelled 20 leave
the courtroom to attend TO other matters and
Corporation Counsel Jacobs continued the aTgu-
laent BY merely citing few authorities with
bat very brief comment,
The defendant companies were represented by
Colonel J. C. Haines, Mc;calse & Turner and a.
Dufleigia.
Arguments on behalf OF the defendant CON-
ysnies was then entered upon by counsel. but
had not progressed far when one OF defendants
attorneys mentioned that the city was making
another change ia the grade OF Columbia street,
by which il was lowered al the disputed cross
ing 50 that it was only eight inches higher THAI
il was before the Gre.
Judge Jacobs promptly responded that he be-
ileyed there were only eight inches difference in
the Grade, and on his suggestion the attorneys
went out to look al the grade.
ON returning 70 the courtroom there was a
queer mixture OF law and levity, and Judge
Jacobs ioeulariy said; 'sThe corporation counsel
has been preparing himself for one of the most
eloquent speeches ever heard in this court
rooIn. and Brother Burleigh has been loading
himself for the occasion for three months
The eourt-we viii hold special session on
Christmas TO hear this eloquence.
Judge Jacobs then informed the court, who
could not conceal his surprise upon receiving
sHeh an extraordinary announcement that the
whole matter had been settled By stipulation.
The matter OF the payment OF costs then
discussed and IL finally agreed that the
costs in the case should be divided, each side
paying is own costs. The following stipuia-
tons were then read by Mr.. Burieigh and filed
Is part OF the records in the case:
In the superior court of King county, Washing
ton. No. 1885. city of seattle, plaintiff. vs.
Columbia 4 Puget Sound Railroad COMPANY
Northern Pacific and Puget sound Shore Rail
road Company, and Joseph Simon, receiver
defendants.
IL is hereby stipulated and agreed by and be-
tween the parties hereto as follows:
First-That the defendants be allowed TO CON
struct their railroad scross Columbus street at
the grade of said street as now established and
within the lines of the right-of-
way across said street as fixed by
ordinance OF the city OF Seattle, Ne. u,
entitled An ordinance granting the right TO
the Oregon & Transcontinenfal Railroad Com.
fany, and the Columbia a Puget Sound Railroad
Company, and 10 authorize said companies II
construct, maintain and operate single
or double track railroad along the water
front OF the city OF seattle approved March
il, iSs2, published March 70. lsss and fer
that purpose 70 raise the grade OF said railroad
south Of that street sufficiently To sdmit OF an
easy approach to said Columbia street
second-That upon the fling of this stipl,Is-
ton this action shall be dismissed, and the in
junction herein dissolved, and all costs incurred
subsequent 10 the order made in this ease on
December 4, 1890, to the effect that the plaintiff
Jay al casts to that date, be paid by the party
mourning the ssmc.
O. JACOBS.
Corporation Counsel for the City OF seattle.
J. c. HATNES.
METoALFE, TURNER & BuRLEIGH
Attorneys ior Defendants
Filed December -, $50.
RI P Crawford, Deputy
sudse Jacobs then moved The dismissal of the
ssse
The oonrt-Do / understand judge Jacobs.
that you move the dismissal OF tho cascs
Judge JscotS-Your honor, Do.
The case stood dismissed.