The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-09-25
out OF q. s. COURT.
Ereat Northern Condemnation
Suit Sent Back.
r seLoNos IN SUPERIOR COURT.

-
n,,pasn BY Judge Hsnford-Railroad
Iaborer. who Had Both Legs
Broken, Wants Damages,
Judge Hanford, Of the United States
nourt. Yesterday handed down an opinion
h the condemnation case of the Great
/. Northern railroad, which on Thursday he
rsmsnded to the superior court of King
eounty. The reasons for his decision are
fully explained in tho opinion, which
reeds a. follows:
In the United States circuit court, for the dis.
n,ct Of Washington. Northern division.
n Seattle & Montana Railroad COMPANY.
plaintiff, VS.. the state Of Washington, Colum.
liz d Puget Sound Railroad Company. Oregon
Improvement Company, Farmers Loan and
trust Company, Northern Pacific 4 Puget
sound Shore Railroad Company. Northern Pa
eifc Railroad Company and King county, de-
fsudants.
itlsw Condemnation proceedings to secure
nxht-ot-way, commenced In the superior court
81 the state of Washington, for King county:
removed into the United States circuit court
b. the Northern Pacific Railroad COMPANY.
= The Oregon Impro vement Company and the
Farmers Loan and Trust Company; motion to
remand; granted.
The Seattle & Montana Railway Company. q
4 corporation organized under the laws OF the
STATE Of Washington, and owner OF the western
division Of the transcontinental line known a.
: the Great Northern railway, commenced this
proceeding in the superior court of the state OF
Warrington for King county for condemnation
under the laws OF the state for Yight-of.wsy
purposes OF q strip sixty feet wide in Railroad
avenue In the city of Seattle, extending from the
J nosthern line OF Yssier avenue In southerly
direction to the location of site selected for its
proposed depot and terminal ground. and q
strip Of the same width for . branch curvinR
from Railroad avenue, near King street, In 8
southeasterly direction and extending to the
city limits.
3 The scheme involves the crossing and recross.
ing Of two existing lines OF railway by four
tracks, each of which 10 designed 70 be operated
y part OF the main line of said transcoutinental
railway, and also q crossing BY said four tracks
Of spur tracks, wharves and other permanent
improvements, and the rebuilding OF existing
inciines and elevated railway track, which were
constructed and are in use for convenience in
the transfer of freight from cars to ships and
vice versa The space which the plaintiff 10
thus seeking to appropriate II upon the water
front OF the city, wholly outside OF the meander
line Of the harbor and below ths line Of ordin-
ary high tide.
The several defendants are Joined because
they respectively have or claim interests in the
premises - follows: Tho state Of Washington
Is supposed 70 be the owner of the fee; King
county claims q lien upon Q portion OF the
premises for delinquent taxes; the Columbia &
Puget Sound Railway Company, and the North
ern Pacific 4 Puget Sound Shore Company, two
local corporations, Jointly own the right.of-way
rff Ix~f g. avsn -
company frst mentioned also owns the wharvss.
spur tracks, inclinss and elevated railways
above mentioned; the Oregon Improvement
Company, Q corporation OF the state Of OREGON,
owns all the stock Of the Columbia + Puget
Sound Company and has the management and
use OF all its property; the Farmers Loan and
Trust Company, . corporation OF the state OF
New York, 70 . mortgages Of the property
owned and controlled by the Oregon Improve
nens Company: the Northern Pacific Railroad
Company appears to have an interest
In the property Of the Northern Pacific
b Puget Sound Shore Company, the
nature OF which 10 not disclosed, and
It's operating one Of said existing lines of rail-
way. The defendant last mentioned II q corpo-
ration created by m aes OF congress, and on the
ground that - to IL the suit IL one arising under
the constitution and laws Of the United States,
Il filsd petition and bond for the removal of
the cause to this court The Oregon Improve
ment Company and the Farmers' Loan and Trust
Company also filed their petitions and bonds for
removal, each claiming right to have the case
removed TO this court, because II involves .
separate controversy ~ 70 IT. and that It 70
citizen OF a state other than Washington, Of
which the plaintiff 10 oltisen. The record has
been brought here, and now the plaintiff moves
to remand, claiming that this court II without
Jurisdiction.
When number OF persons have been Joined
- defendants in an action aud the nature Of the
controversy does not appear upon the face of
the record, the bare assertion in q petition for
removal by one defendant. that there 10 Q
separable controversy. u not sufficient A pro-
cceding " hich abruptly terminates the progress
Of . case in q court OF competent jurisdiction
cannot be justified II the facts, which the law
preseribcs a. essential, do not afirmstively sp-
pear. These observations are aimed at the
pretsnsions Of the Oregon Improvement Com
pany and the Farmers Loan and Trust Com
pany, and in disposing OF the questions intro.
duced into the case by the attempt OF said
corporations to remove tt into this court, Il is
only necessary to add the statement that the
court 10 unable TO find In the record any facts
upon which . separate controversy between the
plaintiff and either OF said corporations can
be predicated. On the contrary. enough appears
to show that the interests of the said corpora
uons are so blended with the Columbus d
Puget Sound company that II win not Be posi-.
bic 10 determine any controversy affecting them
without touching tho last-named company.
In behalf of the Northern Pacific Railroad
Company, ii is insisted that, upon the authority
Oh the decision OF the supreme court in the re-
movai cases Ql5 U. s., page l. especially the
case OF Kansas City w. Union Pacific Railway
Company, the right Of said defendant to re-
move the case 10 this court must be affirmed.
In the case referred to (Kansas City Va Union
Pacific Railway Company the city governments
WIS endeavoring. In one proceeding against all
The owners OF real estate situated within GER
tain district to fix the amounts to be paid ~
damages resulting from the widening OF . street
extending through the railway conpany's de-
pot grounds: and also the amount Of assess-
menss 20 be levied upon property within the
district, sccoriing to q scheme for providing .
iund out Of which to pay the damages by assess
ing the property benefited by the Improvement
Alter an appraisement had been made by q jury
constituted according TO special statutory au.
Nosiiy, and their appraisement had been con-
nfnied by the mayor snd common council
u the city, appeals were taken. and thereuron
We proceeding became q case pending in
court OF the state of Missouri. having authority
conferred by the laws of said state to dludtcate
~ matters of difference between the parties
iae Union Pacific company then removed the
case 10 the United States circuit court . motion
70 reanand was granted and the case was then
uaxen to the supreme court by writ OF error.
ias supreme court held that there appeared to
N distinct controversy to the amount 20 b
fAsa 70 the railway company as damages, ana
.eoha distinct controversy ~ 70 the amount OF
zoe assessment To BE levied upon its property,
sha that there IN ght he q third distinct coutro-
~sy 40 10 the right of tie city TO appropriate
sas part Of the depot grounds for . street
a