The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-02-15

IVES left of IL after the fire, was covered up by
this actual grade said street. Late in the
summer OF 1859 the company commenced the re-
building or replacement of its track
on the old way. The work proceeded
without obstruction until columbia
street was reached. The company at
tempted to cross Columbia street on
the surface line Of the former track The city
interviewed and stopped the company BY injunc-
ton. This is the cause which has been tried
and lately decided by the superior court 1t
must be remembered that while the surface Of
the actual grade on Columbia street was only
from seven to nine inches above the surface
of the former railroad track, yet
that the established grade was over
two feet above the former railroad track. The
railroad could overcome the actual grade but 1t
could not surmount the established grade. II
must also be remembered that, so far as the
town or city plats of the city were concerned.
Columbia street stopped at the mark OF
ordinary high tide and was never extended sea-
ward until the adoption OF the freeholders
charter. It must also be remembered
that years ago, when the city was
ready TO give away the most valuable rights and
franchises to friendly railroad companies, that
the city council granted this right-of-way by
ordinance. II ought also to be remembered that
when this right-of-way was asked for a public
meeting was called in the old Yesler pavilion,
and after the railroad attorney had finished l
arose 10 oppose the grant and l was howled
down and was the only man in the vast assem-
blage who voted no.
This is enough to see the form and effect Of
the decision OF the supreme court now given,
remembering always that the railroad company
claimed the right to replace its track as it was
before the fire, and the city denied its right so
to do, and obtained an injunction to prevent 1t
from so doing. Here is the decision:
And now, to-wit: Twenty-fourth day of De-
cember, 1891, the prayer of the complainant is
denied and the restraining order heretofore
granted is vacated and dissolved, with costs
and disbursements to the defendant; provided,
however, that if the plaintiff, within thirty days
after the signing of the decree, files its appeal
to the supreme court, the defendants in this or
any other action now pending in this court or
that may be hereafter instituted, shall assert or
exercise any right under or by virtue OF the
question herein passed upon and adiudicated,
pending and until the final determination OF
said appeal.
Let decree be prepared accordingly.
l. j. LIcHTENBERG, Judge.
Inseparably connected with this celebrated
case is the stipulation entered into between the
corporation counsel and the attorneys of the
railroad companies. That stipulation was:
First-That inasmuch as the old right-of-way
was some forty or fifty feet below the line Of
ordinary high tide, that the company
acknowledged that Columbia street extended
over ii aud existed as street when the right-of-
way was granted by the city council, and was of
course subject to all the conditions OF that
grant, among which was the right to change
the grade OF the streets over which the right-ol-
way passed
Second-That the company should cross Co
lumbia street not on the actual but on the es-
tabished grade OF that street.
II this stipulation had been permitted to stand
the city would have been master of the situa-
ton not only today, but for all future time.
nt.Nf - 1T t. ks.r Of
passion and by a storm Of abuse OF myself
that a man OF any responsibility or sense Of
honor seldom receives from his fellow
citizens Conscious of the rectitude
OF my intentions and the correct
ness of my judgement I could afford to await
the calm and deliberate judgement not only OF
the courts but of my fellow citizens. That
time has come. No man could ask for more
complete vindication than the judgement OF the
superior court in this case-and / am satisfied
that the sober second thought of every
Intelligent and honest man with any
know edge of the subject is-that what l
did was just what ought to have been done in
the interest OF the city. 1t must be in view of
the decision OF the court q melancholy refee-
ton to some of the gentlemen whose names ap-
pear III the article referred 10 herein-and whose
property rights are mentioned-to remember
that they joined in the general clamor of de-
nurciation and abuse. l protected them, but
they spurned that protection. do not de-
sire to taunt them. The lapse of years
has taken much of bitterness from my nature,
and, trust, broadened my charity for man. 1t
is true went back on that stipulation In obedi-
eence to an indignant demand. 1t was, l confess,
an act of cowardice on my part to do so. But how
else could / be indicated? l had been tried
and condemned, and many would have been
pleased to have taken part in my execution
Time makes all thing. even. o. JACOBS.