The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-12-23
AN EXTRAORDINARY AND SHAME
FuL PROCEEDING


tions concerning the old railroad right of
way along the city front-a proceeding
bearing in every apect the look OF job
berry and fraud, and involving the city
and many of its citizens in serious losses.
1t was no less than the signing away by
the corporation council, without authority
and without reason, of the whole claim of
the city in pending side-case upon which
the main issue depended.
1t viii be remembered that before the
fire the Northern Pacific Through its
subsidiary corporation, the Puget Sound
Shore Railroad Company and the Oregon
Improvement Company Through its
subsidiary corporation, the Columbia River
& Puget Sound Railroad Company
owned in common winding right of way
along the city front. They were induced
10 reIinquish this right of way in
consideration OF certain rights in
Railroad Avenue. Later they attempted
20 re.ract the bargain but the city council
refused 20 accept and undertook 10 hold
them 20 il. The companies threatened 10
take possession of their original right of
way and as measure of restraining them
the city so raised the grade of Columbia
street, between West and Front, as TO form
an absolute barrier to their progress from
the south.
The allied companies tthe \. P. and the
O. ID were then, by direct order of court,
restrained from crossing this barrier,
and were thus prevented from extending
their lines upon the old right of way north
of Columbia street. The restraining order,
above referred 10, was made as temporary
order about year ago and has been the
subject of endless discussion in the courts,
and yesterday itcarne NJ for final hearing,
the si:y asking for permanent injunction
As f:sSards Columbia street and the CON-
panies attempting 10 defeat it.
The argument for the city (nade chiefly
by Mr.. Shepard. late city attorney, and in
part by the corporation counsel, Judge
JscobSl had been concluded, and the argu-
meat for the companies was about TO be-
gin, when it was proposed that the atior-
neys go down 20 the point IN queS-
ton and personally examine The
ground. By this time Mr.. Shepard had
retired and there was left only the 2tsor-
neys Of the companies and the corpora
ton counsel representing the city. They
were absent for some time and when a.
LAST they returned. the astounding
announcement Was made that
they had scst1os tAe nsattSr Sy
ssipslasiea. The assonizhea judge
declined 10 accept this oral statement.
whereapon one Of the attorneys hastily
drs~ up formal articles Of stipulation. and
Judge jacobs signed them-thus sy.rren5e.-
ing the whole claim Of the civ. There
was. or a least The eourt CI-ichtsnbe-sl %
deemed nothing 10 DO b2s to socsps this
proceeding The Csc was therefore dis
missed
Il TIE meeting Of the Board of Alder
men IN The evening the facts Of the afte--
Moons proceeding we're reported, and
i5sle later word cane ths5 q BODY Of work
men we're laying ene Of track acrOss
Columbia street BY resolution the chief
Of pollcs WAS ordered 70 ssop
this work. squad Of men
under command Of Capt Shszhan was
seat 10 carry ont this order, bat upon
reaching TIE ground sn attorney Of tie
( companies tod the captain that he
/ h&d 10 right 70 Sop the work.
{ Sna She@h2a. beng more a.
I Eaoslse than a Kan, marched back n
headquarters fos orders He wzs q coarse
sea5 back 70 Columbia s1rees, bat b. this
sizae the wo-k Sas finished and the "a.
+ road hs.l6eEs hsd gone assay.
Judge Jacks part IN sais affair : II
+ comprehensive upoa any reasonable
+ theovy excepting that he wAS far The TINE
{ being mentally irresponsible. Il : SD
5 'hS; n oo1-t Alasr retaining frora The ~,
70 the point IN oout7ovs-sy. and
Al tie slne the stipulation was
signed, lie h&d Ike app<4rzaae All
manner Of drunken E&n. We s-s
forced - helisve-2H6 this Is TIE r.,s+
charitable vis~ of The z,ssse--sha. IL ,se
time being TIE CITY attorney was not :, :
( condition to he responsible Tor his CIR
{ doc' and thai as Surrender of tie lr,e-sxe
Of the city vas due to this far.
/ There SG7ely o2sAt 70 Re so-,e wav -
recaaln an Interest thus sAa-esa.2v So.
ren3e7Sd. Is the city 70 safer ir-ep4~ssge
+ damage because rs agent has bxc- u-fas.h.
fal 10 ~ unequal 10 Ass t-asst Is there n
f! eheek upoa sharp p-aessce wAisA halls :,
10 method - attain s,S ends
Ar e-312sncs : psa1sas = S7-s.<Ssss. wss<
pssssssstaS tie sse q e2ser-sessy Is ss-oss ~