The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-01-06
mn CITY COUNCIL.
fsat Of the Saloon Limit
Changes.
.,aacss BY STREET GRADES.
....a By the Corporation Counsel
necessity for System in Street
Electric Lighting.

i. ordinance extending the saloon
q. IN which there was so much inter-
z.sn;fesfed. was disposed of last night
40 aldermen who voted it down. The
4. remain as established by the old
:s;.snee. Mr.. korn said the new
- we're drawn in such
90 manner as 10 make it very
:s.d;rious to pass It, He thought it of
- immediate consequence that some
- should be done 10 suppress or secure
zsxp fees from saloons now running
1;&of,t warrant of the council. There was
= 5srrn done BY defeating the ordinance.
!. she council still retained a power which
'nuscribed the limits even more than
sseasetl hy the new ordinance.
Slas house of delegates transacted con-
isrshse business last night, but there is
I;i5 much left on the table. Among other
ssftSrs not reached was the call of the
mufrplier upon n. w. Harris Il Co. for
Slii41 on account of the water bonds. 1t
~ eent 70 the board of aldermen last
- Jar yatiAcation. but rejected because
= certificate was signed by Mr.. Benzefte
Ssajiarns and not BY City Engineer Gard
This was changed and returned to
4 hoard but did not get through the
huse
m Nuldoon brought up the matter of
pnsnsafion for damages on street work.
4, auesed the following opinion of Judge
israhs a. to the constitutional provision
IN eognpensation must larst be made:
!. one Of The law officers Of the city thought
4srst 4 guide TO future legislation by the
IN council. in regard to the streets of the city,
1870 10 yoss briefly what the superior court Of
LnfS fxas fox In,
1sIcus herein mentioned. viz:
! Ent-In case il Is necessary 10 condemn prop
n ID open street, the damages resulting from
~ condemnation must be aseertained and
6id hioFe the property can be taken or the
Ia apened over it.
5seoud--lf damages result 10 any property
~ from the change in the grade OF ans street
snu.s in the city, such damages also must be
testxined and paid before there can be any
"a change Of grade.
kparpose OF widening street. The damages
kef b. ssceTtained and paid before the street
= b widened.
& he damages in the above enumerated cases
not sseeFtained aud paid in advance, on
CGeAfio1 10 the court & restraining order will
usntsd, and thst, upon proof sof dam
followed by an injanct ton.
not suppose the court would
rce restraining order or injunction where it
pezn tlsat the damages were small or merely
Eufior, the court viii issue It's restraining
E1dzte until the supreme court shall hold the
n % be otherwise.
1hese judicial holdings are founded on sec
u sol the bill OF rishts in the constitution
dis state. SO much OF said section es Is ger
me 10 this matter Is us follows:
sPnTste property shall not be taken for pri-
1e use, EXCEPT for private Ways OF necessity,
icr drains, fumes or bitches on or across
lands Of others for agricultural. dones-
n - xa4sffa ".
81 shall be taken or damaged for pub
o. private use, without just compensation
wing ben lrSt made or paIa into court for
owner, and no rigbt-of.way shall be ap-
5rialed 70 the use cf any corporation other
20 ne municipal, until full compensation
kRfof be first made In money, or aseertained
n paid into court Tor the owner,
npeetlye Of any benefit from any improve
proposed by such corporation, which CON-
63t on shall be aseertained by jury, unless
PHI ne waived as in other civil cases in courts
nenFd, in the manner prescribed by law"
Tbs constitutional provision is supposed to
u ensnged the law upon the subject.
case u now pending in the supreme court
inis state involving the construction ard
~ q THIS constitutional provision. Ii hiss
y argued and submitted. but so far as am
fmed no decision has get been made.
mere u . difference IN opinion among good
Fen ~ 10 the sounduess of the above con-
zenon: but Judge Iiehtsnberg, who made
and psinsiaking and careful Judge. Ii is
lax until reversed
4 probahis not necessary for me TO say to
y conclusion. that considering the present
Mutton OF the elty's finances that when any
Saesfioh Il made fer authority to d. any Of
acts mentioned above, that the greatest eau
kneeded. Respectfully.
.. JACOBS, Corporation Counsel.
NJ. Bagley said ii seemed as if they must
eate an assessment district and go
eugn the whole process of leyying; they
not get through at that rate till the
entleth century.
Hanford said they had better get
corporation counsel 10 advise them as
inc best method to adopt He. referred
esially TO Depot street, where work
3aid be stopped.
~. AuldOon moved that Judge Jacobs
'equested to direct them how to pro-
PRESIDENT Jones appointed Messrs. Ship
snd Hanford on the charter advisory
nmittee.
Doth houses adjourned until Thursday
al W which time large number of
YPFopriation bills viii be ready.