The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-12-24
From JUDGE JACOBS.

SEATTLE, Wash, Dec. %, 1880.
To the Editor Of the observation-disclosures:
Sir-I have read your somewhat remarkable edi-
torial this morning. Your assertions as to my
condition and your insinuations against nay
honesty are not proper matters for litigation in
the columns of q newspaper, and have only
this TO say that your assertions and insinuations
are false in every particular. do not see lit to
lumber this denial with descriptive words or
epithets.
A few words to show the gross injustice you
have done me.
First-I did not draw the pleadings in the
action OF the city against the Columbia & Puget
one and originated while Mr.. Albertson was city
attorney, and the complaint was drawn By him.
It is good complaint, clearly and intelligently
drawn with reference 70 its object
Il first states the facts showing that Columbia
street was public street of the city of Seattle,
by Plating OF Iittoral or shore owners, by dedi-
cation, by conveyances with reference to its
existence, by ordinance of the city council,
and we added by amendment user.
secondly ordinance No %, approved March
t1s esy 81 sea.s q Raread 70 lnS
and Columbia & Puget Sound Railroad Com
psny what was called the ram horn rlght-of-
way. and authorized said com panles to con.
struet railroad over the same. The railroad
was actually constructed before the tire. Alter
the IRE ordinance No. LII was passed and ap.
prosed;. this ordinance raised the grade OF
Columbia street about eighteen inches L give
the rest OF the complaint entire
XIII. That heretofore, TO w.t. on the I'd day
OF june, 1889, the common council OF said city
duly passed an ordinance. No. LII, which ordi-
nance was thereafter duly approved by said
mayor OF said city, whereby the grade of said
Columbia street, from railroad avenue IN said
city 10 point midway between west street and
Front street, in said city, was duly established
at the following elevations above datum: At
Railroad avenue, feet: al West street, $50 feet;
at q point midway between West street and
Front Street, . feet: and that said ordinance is
now in full force and effect
XIV. That said ordinance was duly published
In the official newspaper OF said city. and that
said defendants and each OF them had at the
time, and at all times hereinafter full knowledge
thereof, that upon the passage OF said ordinance,
section OF said Columbia street in accordance
with said grade; that IL has expended large sums
OF money, to wit, upwards OF 500, IN the eleya-
ton OF said grade, and that SAD street has been
constructed in accordance with said established
grade over and across strip OF land which said
defendants threaten to occupy with railroad,
as hereinafter set forth and that SAID city l. pro-
eeeding with all diligence and dispatch 70 bring
the remaining part OF said section OF Columbia
street TO level of said grade. That part of said
street siready brought to said level was so i'm
proved with the full knowledge Of said de-
PENDANTS, who have raised no objections thereto
other than hereinafter set forth, and that said
part Is now in use as public street.
XIV. That the defendants subsequent 10 the
passage OF said ordinance No LII, ana subse-
Guent TO the Improvements made on Columbia
street by said city, as set forth on the next pre-
OF railroad from the south and towards the
section of Columbia street so improved. the line
OF said railroad being on level two feet or more
below the grade of said Columbia street as es-
tablished by said ordinance LII. and as con-
stTucted as aforesaid. That said defendants
have driven piles on said level and put stringers
across along the southern line OF said elevated
and improved section of Columbia street and
threaten and declare ii their intention to tunnel
through said improved section OF said street for
the purpose of constructing a railroad across
al md hat nv 0rffa
OF this honorable court said defendants win pro-
coed to build said railroad, on said reduced
level, across said section OF Columbia street, and
will proceed to excayate and tunnel through
said street section.
XVI. That should defendants be permitted TO
build railroad across said section OF Columbia
street and to make said threatened excavations
great and irreparable harm and damage would
be done TO said city and to the public; that a
gap would thereby be made in said Columbia
street, cutting OF the portion OF said street
west OF said proposed railroad from COM
munieation with the portion of said street east
of said proposed railroad, and depriying the pub
lie OF ready access to the wharyes, depots and
other improvements now constructed, and to be
constructed on and along the portion of said
Columbia street west OF said proposed railroad,
laid of and appropriated TO the public use as
hereinbefore set forth, and otherwise trespassing
upon the rights OF the public to the use OF said
street
ants and each of them, their and each of their
attorneys, agents and employees be temporarily
and perpetually enioined from driving aid
piles or building any railroad or other construe-
ton across said section of Columbia street and
from tunneling through or making excavations
In said street, and from in any way obstructing
said street, and for mandatory injunction;
and for costs and plaintiffs disbursements here
in and for such other, or different relief in the
premises as to this court shall seem meet and
equitable"
Ii does not require lawyer even to see BY the
above that only the contention was not that the
railroad company had not the granted right to
cross Columbia street, but the city contended
that il only could cross that street on the grade
established by ordinance LII. This was the