The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-04-09
DoNwoRru ON STREET GRADES.
He Sends in Two Opinions to the Board
of Works.

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of Works.
An application from the women's Home for
extension OF the water sytem to their new build
ing and for free supply of water, was received
by the board of public works yesterday and re-
ferred to the city council with a favorable re-
port
A dispatch was received frem R. D. Wood &
Co, of Philadelphia, asking ii the city would
accept its offer of 6-inch pipe and s-inch pipe at
a reduction OF $50 per ton. The secretary re-
ported that the board of alderman had decided
to defer any purchase, and he was accordingly
directed to notify the firm.
A petition was received from property owners
in Fremont, asking that Albion street be graded
on the bond system.
The superintendent of sewers and streets re-
ported that for March the cost of material and
$10,4oL4I
Major Rinehart reported that the Northern
Pacific will, on Sunday, remove the passenger
depot from the old place on South Third to the
Seattle, Lake Shore d Eastern depot at the foot
OF Columbia street. He was asked that side
walk be built for the benefit of the public 1t
was also asked that permit be granted for the
hanging of signs across Columbia street for a
short time so that the public may have proper
notice of the change of depot The matter was
referred to the city council.
Corporation Counsel Donworth sent in to the
council communication as to Fifth street in
the Pontius addition. He doubted that the
board had the right to change the contract from
sidewalk to q zigzag walk; and he goes on to
say:
Another question enters into the considera-
ton of this case, and that is whether the city
can, in grading any street, make q cut which
leaves unimproved property at q considerable
height above the street level This question
came before Judge Lchtenberg In the case of
Brown against Seattle. involving a similar cut
on Jefferson street, and the court decided that
such a cut could not be made unless compensa-
ton was first made to the abuttng owners.
This case has been appealed, and is now pend
ing in the supreme court, and q decision OF
that court has not yet been given thereon
Judge Lichtenberg, understand. was much in
doubt about the true state of the law this
point and don't think 1t at all clear that the de-
cision will be sustained. As ii is notorious fact
that tho pplication Of this rule would practically
prevent any considerable grading whatever,
that the grading of q street is matter on which
the property owners calculate when they dedi-
cate the street or buy property abutting thereon,
and that the actual leveling of the street to
such grade as the city council deems reason
able can do them no legal damage.
Mr.. Donworth also sent in an opinion that the
assessment of Division street must be made In
accordance with the amendments to the charter.
There is. he says, no saving clause as to pend
ing Improvements, and therefore there IL and
has been no other provision in existence than
that contained in the amendment
Residents Of the district tributary to the pro-
posed Rollin street sewer petitioned the board to
push forward the work of construction, az they
are In urgent need OF relief. The matter was re-
ferred to Mr.. Hebron for Investigation.