The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-02-17

cit Northern Tracks to Be
Built Southwark.
~ue COURT REFUSES DELAY.
ssnpasy's Appeal 60 the Supremu
>..Ss Can't stand in the Wsy-Tho
vausur Damage Subtitle Blettsr.

-. Treat Northern il now at liberty to
-.sesa With the construction Of tracks
-. ;Ae lines Of the Northern Pacific
a Columbia Il Puget Sound, and work
- o<an menced yesterday. A motion on
sSSelf;.f the Northern Pacific and Column
- 4 PUGET Sound to have the work
s1,ved 'r,ending the appeal Of the crossing
:. 10 ,ne supreme court was denied by
$50 Osborn at 6 o'clock yesterday after
1otiee Of application to file stay bond
- sesved upon Judge Burke. counsel
= ~ Great Northern. yesterday morn
-. ans the time for the hearing was given
- o,e:ock. At that hour. however, Judge
0hon. Vas occupied in hearing the case
fVallxnr against the Seattle Coal and
- Company, and was Obliged to post
- tie hearing Of the motion until $50
: ~ afsernoon.
fhe tcint involved was whether, in ap-
snoals l;om judgments and DEGREES rem
I'D III cases Of appropriation Of property
- ptsyatc corporations, the general
6otutea regulating appeals were applic-
-. or whether they were modified by
oetions s56 and 657 of Hills code. In this
- juigment for 5000 was signed by
LIDO Osborn on Wednesday. and yester-
~ th4 Great Northern paid the money
is6o coIst and proceeded to 20 to work.
CoetioDs sj6 Of the code allows an appeal to
dihr tsrty in condemnation proceedings.
~ prkser,bes the manner Of taking the
evpssl., Section 657 provides. among other
Alaes, that 1.-THE construction Of any rail.
NV or canal or the prosecution of any
vsks Or improvements. by any corpora
II. sFsil not be hindered, delayed or pre-
Watsdby the prosecution Of the appeal by
NJ peEty." This section has only re-
emily been strictly construed by the SUI
pesms saurt Of the state in the case Of the
6eattle;s Montana vs.. O'Meara.
NJ. surleigh's contention was that q
he boai fixed by the court, a. 1t would
york 81 injustice to his clients to allow
~ Gressst Northern to proceed until the
eass shAI. Be finally settled in the supreme
court
Judge Burke argued that the uniform
ruling Of tho court has been that il would
y c3easly unjust and against public in
sessst 10 hinder the construction of great
public works until al appeal to the su.
prone court. which might necessitate .
delay al several months. was decided.
Also t.ss the statutes in this and other
sssss contained special provisions in re-
prd - appeals in such cases, and that tho
words Of section G57 upon the subject were
explicit He also cited the Seattle & Mon
tsna W. O'Meara 40 case in point.
Aisough be expressed some reluctance,
J1dge Osborn finally denied the motion.
sddipg. that If either party felt aggrieved
b his decision. the remedy was TO obtain
snahaamus from the supreme court. In
sssrY clear exposition of the statute,
Jsdgs Osborn held that, if the statute was
SENSATIONAL, there was but one course to
- and that was to hold strictly to its
saang and 70 deny the motion. and that
htas strengthened in this opinion by the
6pdslon Of the supreme court in tho case
dthe Seattle & Montana vs.. O'Meara. He
alac:ahssrved that this position was main
laisea by the uniform current of author
~ tn other states.
Tie conferences of Judges Osborn,
Hatass and Langley to assess damages in
As;ireat Northern suit to condemn depot
proceeds in whitechapel, has been set by
jude Osborn for Monday evening. If .
dee!sion as to the proper amount of dam
asea Is reached. it will probably be an
noEhsed by Judge Osborn ON Tuesday
morning.