The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-12-25
THE CASE TO BE KEINsrATEp.
IF the Corporation Counsel Will No,
Move II. Another Attorney WILL.

Delegate Shipley addressed the board of
aldermen during its session yester-
day upon the subject Of the Injunction
suit of the city against the Puget Sound
Shore railway. lie said that the ground
of stipulation assentcd 10 by the corpora
ton counsel was that the only difference
between the grade of the railroad and
Columbia street was eight inches. As a
matter of fact, the grade of the street IS
thirty inches higher than the track. The
present grade l. only temporary. those
who are repairing the street declar-
nag that the intention was 10 Law
the bed twenty inches above the
present level. He mentioned the arrange
ment by which a hearing was 10
be had next Saturday, and he submitted
that the aldermen pass resolution direct
ing the mayor to take legal proceedings To
restore the stGtu gro before the dismissal,
and thus revive the original Injunction.
The mayor was empowered TO take such
step. but he preferred 10 have the sanction
OF the Legislative branch.
Mr.. Pontius asked if the mayor could
appoint other counsel if Judge Jacobs re-
fused.
yes, undoubtedly; the mayor has
power 10 protect the city's interests" said
Mr.. Hall.
Following Is the text of the resolution:
BE il resolved by the board of aldermen Of the
city OF council OF the city OF Seattle as follows,
to-wit,
That whereas certain litigation pending in
the superior court Of King county, state Of
Washington, being case 1858. known as the
Colnmbi3 street injunction suit, and whereas
said litigation was dismissed upon the nd d~y
OF December, 1870, upon motion of the corpora
ton con 'sei without authority from the city.
the council, and where's said action was
founded upon certain stipulafions on sad day,
entered into between the attorneys Of said rail
road companies and the corporation counsel,
and whereas IL said stipulation il j.
Columbia street is as il now stands
graded upon the Official grade, and W ,rcls said
corporation counsel entered into said stipulation
and made the motion aforesaid upon the pre-
higher than the former grade al the point of
sid railroad crossing upon said street. whert as
the present official grade is about thirty inches
above said soImer grade instead o but eight
inches ard whereas, the said suit was then dis
missed under missconception of the true stste
OF facts. and whereas. the whole subject matter
referred to in this resolution is at the present
time unde going investigation By q Joint
Interests Of the city demand that said cause be
placed in stata quo. therefore,
BE IL resolved by the board OF aldermen oi the
city of seat =, a. FOL ows:
Flint Resolved, that the mayor oi the city he
instructed and requested 10 immediately cali
upon the aid Corporation counsel to at once
make the necessary motion and institute the
necessary proceedings 0 secure the rcinsiate-
nent OF sSia cause without any delay
Second-That IL be the sense OF this board that
Ia case OF any refusal or failure of said corpora
tion counsel To- act at once in the premises. the
mayor shall employ additional counsel 10 take
said steps.
That's good resolution | hope TO see
il adopted. - said the chair.
Mr.. BogaTdus moved that il be adouted
and il was so resolved.