The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-03-31
RlGHT-OF-WAY FIGHT
Old Quarrel Between Ballard
and Lake Shore Road.
THE CITY is RESTRAINED.
v.srference With the Log Boom and
Spur Renews Franchise
Dispute.


ne petition Of the Seattle, Lake Shore & Eastern
railroad Company, granted a temporary re-
,train,ng order against the city of Ballard, j. E.
Eichol and various others, under the legal
mantle Of John Doe and Richard Roe, In order
% stop, for the time being, work by the city of
ballard in erecting certain streets on property
he frs, right to which the Seattle, Lake Shore
Eastern road claims.
The city council OF Ballard recently passed an
ordinance creating certain streets over property
on the water front which has long been occu-
MED by the railroad company and on which the
railroad company has made numerous valuable
i'm movements. Under orders from the Ballard
clty council J. E. Nichol went to work yester-
Asy driving piles along the shore line of the
company log boom, upon which to put plank
ing Tor streets. To this the company objected,
and in order to stop this, pending hearing, tho
restraining order was yesterday secured The
hearing on temporary injunction proceedings
viii b had on April IL before Judge Lichten-
ME
The Seattle, Lake Shore & Eastern in its COM
plant substantially claims that 1t ia the owner
Of Q railroad operating between the city of
seattIe and the city Of Ballard. The road has
constructed q spur track to run in connection
with the main line. The company considers
this spur track valuable part Of the general
system 1t runs from the railroad proper across
otfthiu bHole JANUS, tuo Title 10 winch u IN the
state Of Washington. This spur track, used in
connection with logging dump, runs along the
front OF shilshole avenue, in Ballard, and ia
about 800 feet long. The company has for years
maintained logging boom, the only one which
the road has. aud the complaint claims that 1t II
worth 100000 to the company
The company further lays down the PROPOSE
ton that, having occupied the locality for many
years and having put thereon many improve
ments OF permanent and substantial nature,
It has the first right of purchase when the state,
In pue process of legal enactment, hall put the
lands on the market for sae
The complaint, in closing, recites that yester-
day J. z. Michol, by and under direction of the
council OF the city OF Ballard, with large force
Of men, at 5 o'clock in the morning, began to
drive piles; that they broke the company's log
boom and began doing great damage The com
pany contends that to allow this to go unchecked
will hurt its business of common carrier aud
will be against the public good.
The city OF Ballard desires to get the log
boom and dump out OF the way and deems that
Il has the right to create and lay out streets on
It's water front by ordinance. Whether tie rail-
roads long occupancy of the locality aud i'm
provements thereon, or the city's right to the
control OF the water front has prio ity is the
question which the courts are called upon to
determine.
This suit IL the outgrowth of q long-standirg
dispute between the city of Ballard and the
LAks shore road as to the lattcr's right to oper-
ate railroad on shilshole avenue. The rail-
road was built to Ballard before the town was
plated or incorporated, the TOWNSHIP owners
doing the grading and furnishing the ties and
me railroad furnishing and laying the rails.
Inc ground occupied by the road was dedicated
In the plat as Part Of shilshole avenue, but for
Iean no objection was raised to the operation
d the road. When the Great Northern
began building through the town the ques-
'on OF franchises came up and the city
council offered certain space on snilshole
venue to each road on certain conditions, one
d which was that they should bs accepted
within certain time. After obtaining some
concessions the Great Northern accepted its
ranch Sc, but the Lake Shore failed to accent
he franchise granted 1t within the time speci-
ed. The Great Northern then began ,educ,ug
he grade of the street, leaving the Lake Shore
rack away up in the air, and was about to cat
he rails to lay Its own at the crossings when the
AXE Shore ran train of cars on the track so
hat they stood over the crossings, and thus
locked the street for time. The
esult was an amicabe agreement between the
wo roads, by which the Great Northern moved
,ver the Lake Shore track TO one SIDE
md lowered 1t to the new grade. It was also
\. iced that tho two roads should have joint
use OF the sidetrack along the water front, but
the council gave no franchise to the Lake
Eh,re.
The question recently came up again. when
the city council asked the Great Northern to
build depot. The reply was that the Lake
Shore tack was In the way. 1t sppesIs now
that the city has sought to force an issue by ex-
tending the street over the tide fats, thus i'm
pairing the usefulness OF the Lake Shore leg
ging spur.
Ia rosl xfnts - ssnv L. rRhA ha rai1
roads occupancy of tho ss-eet, antsdatlng the
plat Of the town and the time when the ground
IN question was q s.lest, gives It q stronger
tight than that OF the city to control its streets.