The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-01-23
THE OLD RAMS HORN.
Judge Jacobs Good Judgment
Is Legally Established.
MEDICATION IN THE COURTS.
Ihe Famous Stipulation Would Have
Been More Advantageous to the
City Than the Decree.

The old legal contest over the rams horn
right-of-way will be revived once more in
Few days by the signing of the decree of
the superior court in favor of the railroads.
The outburst of indignation over the at
tempt of the Columbia e. Puget Sound to
cross Columbia street will not soon be for
gotten, but the decision of the courts has
INDICATED the judgment of Hon. Orange
Jacobs as to the legal standing of the city
in the case.
The Puget Sound Shore and the Column
ola d Puget Sound Shore railways had
joint right-of-way over what became known
as the rams horn. and had uninterrupted
use of the line until the fire of 1889 de-
stroyed the trestle. Railroad avenue was
then laid out and the grade of the cross
streets raised, that at Columbia being then
established at nearly two feet above the
old grade, rising to nearly six feet at Uni
versity street. The railroads claimed that
they had acquired vested right before
the street was laid out and that
the city could not bar the tracks, by
making grade which it was not possible
to cross. They proceeded to remove an
embankment which had been thrown up,
but the city obtained an injunction pend
ing trial of the suit.
Hon. Orange Jacobs had meantime be-
come corporation counsel and his investi-
CATION of the law and the facts led him to
the conclusion that the city could not win
its case, and he agreed to dismiss the suit,
provided that the railroads would enter
into a stipulation that it would cross the
street only at the established grade. This
was assented to by the companies, but the
NH oh foil I'D
Jacobs to withdraw from the stipulation,
and the case went TO trial, with the result
that the railroads may now cross at the
old grade.
81 was one of the counsel in the case"
said Mr.. Andrew +. Burleigh. last night,
together with the late J. C. Haines and
j. 3. Metcalfe. l had gone over the
ground and assumed it to be true, as was
told, that the actual grade was the estab-
lished grade, and we had no objection to
raise of eight inches. 1t must be remem-
bered that all the city asked in its COM
plant was that the railroad should cross
at the established grade and not cut
through the street below its level.
when the corporation counsel pro-
posed the stipulation he was exacting of
the railroads all that the complaint called
Aois VIC d6icSu w III u UllSdpDrc"
hension, and the next day, when we dis
covered our error. we were only too glad
of an opportunity to recede from the
stipulation.
"The misapprehension on the part of
the people led to very unjust condemna-
ton of Judge Jacobs. We were all noti-
fed, as he was, that the city could not win
its suit, and he did everything that faith
f,,Io .ot i Al. 4
client.
1.-THE decision Of the court is not so ia
vorable to the city as the stipulation would
have been, and l think it only right that
justice, although so tardy, should be done
to Judge Jacobs as a sound lawyer and an
officer of unimpeachable integrity. He
needs no better vindication for that men,
orable act of his than the decision of the,
~