The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-12-24
THE CITY AROUSED.
1t Repudiates the Action of
Corporation Counsel.
RAILROAD TRACK is TORN UP.
Public Sentiment Strongly Against the
Rams Horn Right-of-Way and
Judge Jacobs Action.

of the city in the Columbia street injunc-
ton case, and that the interested railroad
companies had in the nighttime and in
defiance of law taken possession of the
street, caused general excitement in the
city Yesterday. The conduct of Judge
Jacobs and of the railroads was the subject
of general indignation and establishment.
At all times during the controversy the
understanding of the people had been that
the vital issue was not whether the de-
fcndant companies should have the right
10 cross Columbia street upon the
old level, but rather that the COM
panies should not be allowed to cross
the street in any manner so as TO reach the
rams horn right-of-way. Public opin-
ion had been so overwhelmingly against
the railroads entering upon the old right
of-way that the action of Judge Jacobs
was universally condemned. Members of
both houses of council were strong in their
condemnation of the action of the corpor-
alton counsel and talked of impeachment
proceedings. Groups of citizens
gathered on the streets and dis
cussed the affair in heated terms
and many well-known citizens were heard
TO declare that, if Mayor White did not
have the track torn up, they would tear it
up themselves. Fortunately such action
was not necessary, thanks to the prompt
action of Mayor White, who early in the
day prepared the following message, which
was at once presented 10 the board of pub
lie works:
To the Honorable Board of Public Works of
the City of Seattle-Geatlemea: For more than
one year prior TO the I'D day of December,
1890, an action had been pending in the superior
court OF King county, Wash, the title of which
was the City of Seattle VS. the Columbia &
Puget Sound Railroad Company ct al, the
object and prayer OF which was 10 secure per-
rnanent injunction against the defendants from
entering upon or crossing Columbia street with
their line of railway in the city of Seattle at
point between Front and West streets.
The cause came on yesterday for hearing in
the superior court and for some reason I'M
known to me, and known TO the corporation
counsel, was dismissed by stipulation filed In
said cause.
On the evening OF December %, 1890. contrary
10 the provisions and charter of the city of Sc
attle to wit: Section 10 OF Article S. the Column
bia Puget Sound Railroad Company and the
Northern Pacific and Puget Sound Shore Railroad
Company, by their agents and employees entered
upon the said Columbia street aud laid thereon
and across and over the same a railroad track,
all in violation OF the charter and without
the permission of the mayor of the city OF Seattle
or, as | am informed, without permission of
your honorable body, said work being done be-
tween the hour of o'clock p. IN. of the I'D day
OF December, 1880. and the hour of G clock a. M
of the sd day OF December, 1890.
This railway track is an obstruction TO the use
OF said Columbia street as public thoroughfarc
and you are hereby directed to take immediate
steps TO remove the same. Respectfully yours
HARRY WHITE, Mayor.
at O'Clock large gang of men under
Chain Gang Captain Kelly marched down
to the disputed crossing and then the haste
with which the railroad track was laid Mon
day night was more than equalled when
the same track came up and resolved itself
into Its original separate parts. The force
under Captain Kelly wen. at the work in
earnest, and little care was taken to pre-
serve the material. A workman knocked
the spikes loose with a dexterous blow.
walking swiftly from tie to tie, and was
followed by another, who gave his atten-
ton TO the big nails accidentally missed.
As soon as the rails could be wrenched
from their place on the ties they were
lifted and the bolted joints broken, and
then all the iron and wood was thrown TO-
gether in pile at one side.
Two hundred spectators watched the
proceedings, evidently with satisfaction. if
the cries urging on the work were true in
dications, and the men under orders from
the board of public works could have Sc
cured plenty of assistance at once had it
been needed. An hour and one-half was
required Monday night TO do the work
which was undone yesterday in fifteen
minutes, and all is as it was before on
Columbia street, with the exception of the
plank walk on the south side of the way.
The cut made by the picks and shovels of
railroad men is filled up, and no trace re-
mains of the iron roadway that a few hours
ago curved gracefully across the street.
All three members of the board of public
works upon receiving the MAYORS mes
sage notifying them of the high-handed
proceedings of the railroad company, at
once expressed an opinion that the rail-
road had under the new charter, forfeited
Its franchise and whatever rights il had
held 10 cross the street in question. Mr..
Hebron was appointed a committee of
one to draft the report and recommends
tion of the board. and directed 10 forward
it 10 the council Immediately. The report
viii urge the prompt passage of an orli
nance declaring the forfeiture of the
franchise for the rams horn" right-of
way.
The board also directed the clerk to send
communication 10 Chief of Police Mon
roe, instructing him TO place a guard nj
Columbia street, 10 prevent the railroad
company from renewal of the attempt TO
cross that thoroughfare with its tracks.
Although Corporation Counsel Jacobs was
present during the session of the house of
delegates last night, and addressed that
\ody upon two matters before them. he
made no allusion 10 the subject of the in
junction or the subsequent proceedings.
He was asked if he had any sne-
cial communication 10 make and he
answered "No." An ordinance was intro
duced carrying into operation the charter
provision against any railroad or other
work being done upon any public street or
highway without permit from the MAYOR,
and providing penalty for its infraction,
A JOINT committee was appointed consist
ing OF Aldermen Snyder, Pontius and
korn, and Delegates Shipley, Lansing and
kitunger, TO inquire into the Whole sub
,ect \ short discussion took place in the
house of delegates, bur the aldermen
passed the house resolution without de
bate
Chief Monroe last night instructed his
patrolmen 70 watch carefully the disputed
ground on Columbia street. aud to prevent
any attempt that might be made 10 ra-lav
the track across the street The officers
have orders 20 make arrests and, if neces-
sary, 70 use their clubs in main
tanning order. And this caution
sppears 70 be quite necessary. a.
Attorney j. +. Metcalfe said last nirht
that while the railroad companies woQId
not use any force about the matter. they
intended 10 put their tracks down across
Columbia street. The general also stated
that suit for damages would be COM