The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-05-15

mornings work is the piece of track from near
Washington to the south side OF Yesler avenue.
a number of broken bolts and spikes, some bat
tered planks and an injunction. The train oc-
cupies the new track south OF Yesler avenue,
the end car still OFT the rails, and broken keg
of spikes lies beside It,
When the trouble was over ana the rails and
plsnks were piled on West street, Officer Sam
Corbett was put on guard at the crossing, and
street gang was started to repair the damaged
planking. Mr. Alexander significantly re-
marked:
This work Yves ordered by the board OF public
works some time ago, but this is a GOOD time 10
do 1t. Nobody has right TO interfere with a
gang engaged in repairing a street, or ne Is ia
bic tc get arrested.
The mayor says that he acted throughout on
the advice of Mr.. Donworth- He further says
that rails as laid, were an obstruction to tremc,
as no crossing planks We're laid between them
c. J. Smith, general manager OF tho oregon
Improvement Company, was extremely lnclg-
nant at the action OF the city officials. Alter
stating his view of the company's rights and
the object of laying the track, he said
Our track ran over this strip before the fire;
there has been no dispute III reference 10 III.
The first disputed point was the crossing OF Co
iumb!a street. which 1t y not our INTENTION AZ
this time to do anything with. We intended 10
run 70 tEe south line of Columbia street ana
then await the decision of the supreme court in
the pending case. Meantime We proposed max
ing a union depot of the Northern Pacific
depot and running our passenger trains
from that point. In entering upon our
property and tearing up our tracks, an organized
mob was melted and encouraged by the city
officials, and we are seriously considering the
question whether We shall test the right OF such
q mob to interfere with private rights on pr.
vate property Il such an action is permitted
to go UNPUBLISHED no man can be assured OF his
right to occupy his own property for his own
personal use, ii such use does not
wit ho
OF the city officials or mob whicn
may be encouraged by them. 1t is a strange
state of affairs if q mob engaged in the destruc-
ton of property is to receive that protection
from the city for which the owners OF the prop
erty entitled to look to it. We shall not per-
nit this case to rest in the condition in which
ing property in this city has any rights that will
be respected. We have obtained an injunction
against any further interference with our prom
erty and shall not let the matter rest until we
have final decision.
There has been some talk about our failure to
lay track on the rams horn, the claim being
made that we are not making proper enort 70
use it aud that we are not losing anything by
not using it. 1t was therefore necessary for us
to make some effort to show q desire to use the
franchise as far we are able to do SO under the
rulings of the court.
The claim of the city that the track was an
obstruction is a mere subterfuge. We offered 10
plank the crossings and did lay some planks on
Yesler avenue. There are plenty OF other tracks
down there arranged in the same manner.
Mr. Donworth thus stated the citys position:
The charter forbids the laying of any railroad
in the city without permission from the board
of public works Section l6 of article VIII. says:
sin no case shall any corporation or person be
permitted to commence the building or con-
struction of any street or other railroad, tele-
graph, telephone or electric light line in the
city without first obtaining permit therefor
from the board of public works"
The Columbia & Puget Sound Railroad Com
pany had no such permit. When any railroad
company gets that permiti It VIII be time enough
to discuss its legal rights, but until they have
that they can't lay track no matter what their
rights are Even If they have franchise from
the city council it is still unlawful to lay any
track without permit from the board OF public
works. did not see any track on any private
property in that vicinity. The track torn up by
the mayors orders was solely on Weststreet and
Does the charter provision apply to track on
private property?
would rather not be asked that question.
those authorized by the city. The mayor made
no agreement with Nj. Bush in my presence.
When Mr.. Smiths statement was read to him,
Mr. Donworth imperturbably remarked:
That's about az mildly as q man could put 1t
who attempted to steal march on the city and
ton OF conducting its legal affairs in the news
papers, The question whether the Oregon I'M
provement Company has any rights there can
hs n believe
the company has any franchise there, but l
don't propose to discuss the merits OF the ques-
ton at this time 1t is no question OF right to
lay track on private property. The city is SIM
ply enforcing its laws and when the Oregon I'm
provement Company is defeated in its attempt
to override them IL says we are mob.
Mr. Burleigh was informed of the statement
that the Oregon improvement Company had no
permit to lay the track, as quired by the char.
Ter provision quoted, and said:
oh M
mence the construction OF a railroad until 1t has
obtained permit. We were not commencing
the construction Of railroad; we were replao-
ing railroad which had already been built.
claim that there was no need of permit.
In the afternoon Mr.. Burleigh filed a COM
plant In the superior court, praying for an in
junction against the city to prevent further in
reference with the work on the track.
1t set out that the railroad has been for over
ten years the owner OF a right-of-way thirty feet
wide, extending from Commercial street in
nertherly direction to Clay street, which was
granted by an ordinance OF the city council
For more than eight years there have been
tracks on this right-of-way, except for a short
period after they were destroyed by the great
fire of 1889. The pleading then goes on to state
the purpose of the extension OF the track to
Columbia street, and that In order that the work
might not interfere with public travel, ii was
begun between and O'Clock in the morning.
The transactions OF Mayor Ronald and supertn-
stated in brief, and the complaint ends
with the prayer that the city be
temporarily restrained from molesting the track
south of Yesler avenue, and from interfering
with the work of construction between Yesler
avenue and the south line OF Columbia street,
aud that upon final hearing . permanent in
junction be granted.
Judge Lichtenberg issued q temporary re-
straining order, requiring the city to refrain
from disturbing the track south of Yesler
avenue, but laying no injunction ON 1t as
CARDS the work between Yesler avenue and Col
umbia street hearing is set for May q.
Mayor Ronald has called special session of
the city council, to be held on Monday evening,
to consider this and other matters connected
with railroad franchises. He will attempt to
bring about final settlement of all disputes in
regard 10 railroad franchises. He says that the
city had no intention of tearing up the track
south of Yesler avenue, aud that he restrained
the crowd from going to King street and tearing
up the track at that point.
Chief Jackson is investigating the conduct Of
Officer Lnfkin, and saws he will be attended to-