The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-07-29
LEGAL FIGHT BEGUN.
Great Northern Against North
ern Pacific and 0. |. Co.
SuITrOcoNDEMN RIGHT-OF-WAY
Their Title to Rams Horn and Adjoin-
ing Land Disputed-More Con-
struction Ordered.

| The Seattle & Montana Railway Com
! panv has fled q petition before Judge
| Liehtenberg in the superior court for the
/ condemnation Of right-of-wav on Railroad
/ avenue southwark. This suit is the cul-
/ mination Of the controversy with the
/ Northern Pacific and the Oregon Improve
ment Company in regard to the right-of-
way. The respondents named in the
| petition are the state Of Washington, as
| owner of the tide lands: the Columbia *
! Puget Sound Railroad Company and the
| Northern Pacific & Puget Sound Shore
| Railroad Company as in possession and
| Jointly claiming title 10 tnirty-foot right
of-way on the land in question under or
dinances of the city dated March II. 1852,
and October - 1883; the Columbia &
Puget Sound as claiming title to the adj
| Joining lands under deeds from the upland
| owners; the Northern Pacific Railroad
| Company as operator Oft the Northern Pa
| cifc IL Puget Sound Shore railroad tracks;
| the Oregon Improvement Company as
| owner of the stock of the Columbia Il
| Puget Sound; the Farmers Loan and
| Trust Company, of New York, as mort
/ gage of the Oregon Improvement Com
pany and OF the Northern Pacific &c Puget
| Sound Shore; and King county as claim
| ing lien on the Columbia & Puget Sound
tracks for delinquent taxes.
The petition recites the facts of the
establishment of Railroad avenue by the
city by ordinance dated July 10. 1889. and
OF the granting of the sixty-foot FRANCHISE
10 the Seattle & Montana on March Z.
| 1850, the latter's purchases of terminal
| grounds on the tide flats at the head OF the
| bay and at Smiths cove, its construction
1 oft he cod e., IL a.
struction now in progress of three other
| tracks from its shop grounds at Smiths
cove to its terminal grounds on the tide
| flats. all four tracks TO be used as main
tracks of the Great Northern system and
being necessary for its business. The
petition declares it necessary in the con-
| struction of these tracks 10 cross those of
the respondents either at or below the
same grade. Then are recited the facts
that the Columbia & Puget Sound and
Northern Pacific & Puget Sound Shore
have tracks on the ground between Yesler
avenue and King street. on Railroad ave-
| nue.. over which the Seattle e. Montana
| right-of-way runs and the claims they
allege to that ground. The petition states
that the Columbia & Puget Sound trestle
to It's north bunkers crosses the Seattle &
Montana right-of-way al such an angle
! that, in order that the Seattle &, Montana
| may operate its tracks, it is necessary
that this trestle be replaced at this
| crossing by truss bridge with
a Go-foot span clear across the Seattle &
Montana right-of-way. IT is also alleged
| that the track south TO the coal bunkers
cross the petitioners right-of-way only six
| feet above, and cannot practically be
| raised high enough 10 allow the passage of
| trains underneath. so that il will be neces-
| sary that this trestle he removed and re-
| placed by a new trestle, starting from the
! north treStle, just west of the proposed
| truss bridge and curving off TO the south
! bunkers, the latter being raised TO the
same height as the north bunkers
Then comes the statement that reti-
toner has proposed TO the respondent
railroad companies that they allow il to
| construct its four main tracks across their
tracks. right-of-way and alleged property,
| and has endeavored to agree on the
amount OF compensation to be made, but
the RESPONDENTS have refused TO make
| any agreement, and therefore condemna-'
ton proceedings are necessary and are be-
gun. The Seattle & Montana asks per-
mission to remove the part of the north
| coal bunker trestle crossing its right-of-
way and replace il with bridge; also TO
| remove the south coal bunker trestle
| where il crosses the right-of-way and re-
| place 1t with a trestie branching off from
the south bunkers west of the proposed
bridge. The Seattle & Montana offers TO
| make these changes and maintain them at
| its own expense.
Plans OF the proposed crossings and
changes in the bunkers are presented with
h.
the four tracks OF the Great Northern
would cross the main rams horn tracks of
both the Northern Pacific and Columbia &
| Puget Sound about the foot of Washing
ton street and again between Main and
| Jackson streets; they would also cross the
| narrow gauge spur running to Ballast
island and the broad gauge spur to the
City dock. Between King and Weller
streets they branch Off from Railroad
avenue and curve southeast erly 10 the
| terminal ground on the tide fats.
The Seattle Il Montana will in this case
| attack the title of the Columbia & Puget
Sound and the Northern Pacific to the
| rams horn franchise and the adjoining
| tide lands. II SETS out that the ram horn
| franchise was granted by the city in terri
| t0rial days when the city had no authority
10 SO DISPOSE OF tide lands. ana ii takes the
| position that the state constitution gives
| the city power TO extend streets over tide
| lands and that under that authority Rail
| road avenue exists and that whatever
| rights the respondents may have in the
| tide lands as impTovers or upland owners
under the tide land act are subject to this
| provision Of the constitution The passage
in the petition referring to this point
| reads:
| The Columbia & Puget sound railroad is also
! in possession OF aud claims tit to all the re-
mainder a. said lands over which you- peti-
TONER seeks as aforesaid TO appropriate a right
10 construct, maintain, use anI operate is
main tracks, nos inc.uded within the limits az
said right Of way claimed BY SAID two respond
/ erts ani also claims title To the space included
! within SAID night way claimed by sad two
! respondents, SUBJECT 10 SAID rieht-of yav
claimed ny them Jointly, all oy virtue. a. vnUr
/ petitioner i informed and lelteges, oi suudry
pretended deeds attempting 10 convey sa!a
lands II salt iast uHtGet respondent, made ~
sul Try owners o. uq.auis opposite o. neigh
boring - sad lands aad adjoining on The 81
The talc aad shore lands al when sal. .a-, Is ara
/ e ptrG Eat your petitioner = advised and De-
heVcs and tncscUp5u alleges that neither said
claim made oy sA41 two rcSeo2Lclts fafr.lv IN
SAID Egh--g.-'yay, UoE sala etasa rna IL. }r ,sil
respond IA. t.c tolumtia \ Puget Sua.! RAM
! ro2j Company - the Whole sad land, ia .act
- sad pTet-n lei 5olGt rI-ht-a.-way Is Wei
! founded III fact oT = valid L .aw: ana yor,r
. petitioner alleges ina, uet,r.tastart.re Nti3
ttastas SAID lands A.l1 s..td Iat-1t-t,av srs -.t
tae property az sS;1 Fa..9s.i companies oa7 en-