The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-04-16

It Is the Only Obstacle to Re
laying the 0. l. Co.'S Track.
THE RAMS HORN LAID TO REST.
An Ingenieas Way Out OF . Dilemma
founds and work Pyoceeds-Pienooe
Place Palace to Be Built.

The difficulty as to tho laying Of rails on
the rams horn has been very ingeniously
evaded By Corporation Counsel Donworth.
The city had stopped the laying of the
rails Notwithstanding that there was an in-
junction against the city as to the track.
The city was not interfering with the track;
1t was simply putting into effect the oper-
alton Of . right to require all railroads. be-
tore doing work on public street. to first
obtain . permit from the board Of works.
Yet. from legal standpoint, the city did
not want to be placed in the position Of
granting permit" that il what it ex-
pressly desires to withhold.
Mr.. Donworth accordingly prepared the
following protest. and let tho matter go:
To the Columbia Puget Sound Railroad Com
pany, the Oregon Improvement Company. to
A. +. Burleigh, ESQ.,. their attorney, aud to
the oficers and agents OF each Of said COM
panies:
WHEREAS, You are now proceeding to replace
certain rails of railroad south OF Yesler avenue
and north of Jackson street, in the city OF Scat
tie. claimed by you to be within the limits Of
the alleged right-of.way commonly called the
Rams Horn (Which right-of-way and claim the
city denies to be valid or of any force or effect
whasever), you are hereby notified that said
city OF Seattle protests, and does hereby protest
against your laying, or permitting the laying. Of
any railroad tracks In said location, and said
city Will hold you. and each of you, responsible
for the laying of any such track, or the build
Ing OF any structures In said location, aud said
city refrains from interfering and preventing
the laying down OF said tracks only by reason
OF the fact that there appears In the minutes OF
the equity department of the superior court OF
King county, state of Warrington, June IS
1882, an entry made In cause No. $3.50, wherein
the Columbia 4 Puget Sound Railroad Com
lany 10 plaintiff and the city Of Seattle 10 de-
granted against said city a. to track south Of
Yesler avenue. And not hereby admitting the
validity or the application Of said Injunction to
the premises aforesaid, said city, for tho pur-
pose OF avoiding the danger OF contempt OF
court. refrains from interference for the reasons
Aforesaid.
You are hereby further notified that said city
OF Seattle denies the right OF you, and each of
you, to construct said tracks, or any tracks, or
to erect any structures whatever within the
limits of Railroad avenue or YeslsR avenue
Washington street. Main street and Jackson
street, and will proceed to remove any structures
placed by you in any of said streets ct such
time a. said city shall deem proper.
Dated this 18th day Of April, 1888
The city OF Seattle:
By J. r. ewExxsY.
Acting Mayo&
By GEORGE DoNWoRrH,
Corporation Counsel.
Received . duplicate original OF this notice
this 18th day Of April, 1893
ANDREW +. BuRLRraK,
General Counsel.
The city, having asserted its claims,
right and authority, Withdrew from the
scene and tho work Of tracklaying was re-
newed.