The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-05-27

bssteYn heeaio4s0us ooo ~ reason o. sGluso
eeassnuousiy 70 operate ths sosd vtea con-
| stsceted.
| "yIiL Bald ordinances - o. no force in re-
specs TO the shore land. comprising the place 70
| which the fsisncsioa sought reissss. beeause
the city. ct the date Of the ordinance, hsd NO
| tower % disposs Of OF tneumbsf the snose: and
| the city 10 NOT estopped By IL subsequently &C
CURED title TO the iorxs il $50 street. from
cenytag is former power 70 naksAhs grant
SIX Assuming. however. thaf The defendants
Eavs TIE franchise claimed under the ordinances,
tie c.sys right OF control over the street st the
point OF crossiax Was paramount and could Be
exercised when the injunction was sought, -
tie city might zee Of, though Tire resul. might
Dc the impairment 90 even destruction OF the
ce.endA.ss franchise: the sole remedy OF the
ceseniaass. II any, being IN sesion for danaeea
x EVea II the cssy's r.gas Of control over the
sssess could not Be exercised 20 the destruction
Of the defendants franchise. In shis ease would
ros Work destruction of the ffauchise. apart
from the change Of grade OF other streets cross-
i2g the railroad: ssd such ehsnfe Of other
streets was not properly proved. ana II proved
vas Irrelevant naeer the plssdiugs."
The order in which tho points have been
stated viii not Re followed in the discussion.
tut the proposition in relation 10 the want OF
authority In tae city TO grant the righs-oi-way
Ia question stated in its eighth ground will be
Erst noticed The right to authorize railroad
companies 20 lay their tracks upon the sffee:s
and public places in the city generally was ex-
prcDiy conferred By law. section OF the
charter o. the city OF Seattle In force at the
time. TO be found at paga 2E Of tn. session laws
OF iss5.6 il - follows:
"fhc city OF Seattle has power TO provide for
tie survey Of the blocks AMI streets OF the city,
aud for making and establishing the boundary
lines OF suck blocks and streets. aud to establish
the grades OF al streets within the city, and to
H..
faad, yacaie and estah.ish streets, Highways. al
lsys and al public grounds. and 10 provide for
tae condemnation of such real estate may Be
necessary for such purposes and 20 levy and
collect assessments upon al property benefited
~ any change or improvement, authorized by
iris section. Sufficient to make compensation
fof oil property condemned or damaged: and 10
a4:horize or forbid the location and laying
dsewr OF TRACKS for railways or stree; railways
DC any and all streets ana alleys and public
places within the city; Prorided, That street
@; alley shall be extended or vacated except b.
. vote OF six members of the conn
Ell In favor thereof: And, Prorided
JsEfher. That any person CT corporation
laying down such railway shall be liable to the
oansrs OF the property abutsing upon such
streets or alleys, for sll damages or injury
csuscd thereby, TO be asce,tsiEed on the patti
ton Of the property owners. In the manner pro-
v.ded by chapter lss sections 2i73 to 2576. inelu
stve. Of the code OF Washington OF 1881, and the
Judgment and decree thereon shall be ,ha. the
company or persons shall ray such damages,
asf on such paymen; shall be entitled to such
righ,-o!-way. and If no petition for such COM
p-nsaiioa shall be filed within two years after
the track 10 SO laid, such claim shall ba barred"
There are several sections contained Ia the
ctac o! 1881 also relating to tais subject matter.
watch are as foilows:
section 2i5s When IL shall be necessary or
H.. - r
mentioned 10 appropriate any part OF any pub ic
read, street or alley or public grounds, the
county court OF the county wherein such road,
atsfet, alley or pubic grounds may be. unless
the same be within the corporate limits of a
municipal corporation, IL authorized to agree
w:ih the corporation constructing the road,
unen the extent, terms aud conditions upon
waich the same may be appropriated or used,
ana occupied by such corporation, and If such
parties shall be unable 10 agree thereon, such
corporation may appropriate 50 much thereof as
nsy be necessary and convenient. in the loca-
tic,n and construction of said road.
'ssec 2.i5a Whenever private corporation is
authorized to appropriate any public highway
or grounds. Is mentioned In the last section, IL
tho same 10 within the limits Of any town,
whether Incorporated or not, such corporation
shssl locate their road upon such particular
roed. street or alley or public grounds. within
suoh town a. the ioca! authorities mentioned in
th's last section ard having charge thereof shall
designate: but II such local authorities shall |
fail or refuse to make such designation within
reasonable time, when requested. such corpora
sios may mske such appropriation without |
rctsrencc thereto"
These are now sections 1874 and 1875. vol. !,
OF the present code c. :.
While IL IN admitted that the city had the
rgst generally TO allow railroad companies to
lay tracks upon tho streets, IL Is commended that
A.A. ~F.xAe ~t.u-x
upon tide lands. because the title thereto wa, in
this territory In trust for the future state, and
therefore that the city coaid rot burden the |
easac with any easement. Ii Is contended, how |
ever. that the city had the right 10 occupy such
iahds for street purposes. and although we have |
,sscn this contention as established, i. |
may be we'll to notice some of the |
thereto Section II. as We have seen. |
ceuters power TO lay OF. establish and extend |
streets, etc. sud establish tho grades thereof
section % COMETS power 10 build, construct and /
regulate wharves. piers and landing places AZ |
tie foo, OF any street terminating a, the shore |
Of Elliott bay, and to regulate ana prescribe the |
Limits OF the extension OF whafves into the wa.
tiers of any hsrbors withia the city limits And |
section defines til, limits OF the city a.ex- |
tending on The westward 10 the center of Elliott
bay. Thus IL will br seen that the city had ns
fen and complete righsa In the premises a.
could have been granted by the territorial |
leg Azure and this grant was valid ana bind |
l'}- excepting as agsinst the future state, and |
aaiil IL should take some s,eps To snnul such |
ACTION sut! jest. OF course, 10 such restraints as
SHOULD nc imposed by the general government In |
Ia control oil such waters. The eity's exercise
o. the power granted by the territorial iec,s-
ls'urc was never iu;cr!ered with in the prem |
!~es. bu, its acts hereunder have been ex-
rFessy confirmed by vir>ue OF the grant of |
< Of ha sYssa
ss;on, authorizing tho city to extend its
streets over intervening tide lands to the
haf3oT area there provided tor. We know OF no |
rsasou why the city could not authotiza the Law
lag of railway tracks upon streets located upon
,sds aud shore land. We zee nothing in the
v ay ef is granting whatever rights IL cid have
Ia tae premises. The very right to occupy saose
aad tide lands Tor stree. purposes wonIi carry
v IN H. for saea time at least. ;ac fail ca oy.
nnen, of ali privileges that the city exercised
" tn regard 10 its other streets and oae 81 these
a AZ the risa' 10 auth 1rixs tie location o. rail
sas tracks upon !ts streets. This seerls TO US 10
5ase hcen much with. IL the policy of the law |
~ was the recognition q the rish; 10 use such |
= nts fas stree; pas poses ia any wise The CIV |
.E lcrtook Ia. aud dt. Tar as ii was able, con,
Ies sa,s privilege on respoaden,a Its acts have |
PAS instance. vhera a. undertakes to sei I'D It's /
own vast o. power. Hut IL soegas ya.xerc..e |
sc pow ~. aai is RICH, 80 n do WAS uos sa,or. !
3fed viii by any higher authority but On !
ae contrary. vas subsequently, eouernaei |
4 u W. are II tae opinion that the CITY /. IN
ID position T. urge The ievaliGlty 81 the fran
'h.>e, Or Is wait II power ~ gTsa. the same
: 4,tg. tae circumstances. nos cxa 10 arbitrarily
4 Fea. ses same wazieyeF FIgats /. naay have Ia !
ae exercise ~ the poser OF caiaeas DOMAIN
y 9 ate also o. tie oPi asoa that tae city Is aoi /
q condition IN eiee that The ortipaaea is