The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-11-21
Permit Granted for an Exten-
sion Of the Rams Horn.
BOARD or WORKS HAD TO GIVE IT
Ceyporatfsn Counsel Donworth Gives
- oplnIon to That En.et-caa
LAY One Track Oniy.

20 the north. The permit upon
which the railroad company Is
about to proceed vas secured yes
terday when Andrew +. Burieigh. counsel
for the railroads concerned, renewed his
application 10 the board for permit 10
lay q railroad track between Columbia and
Marion streets, If the board would give no
other. The board had fortified itself by
the following opinion of Corporation
Counsel Donworth, which was read by
Secretary Heisner:
'You have referred 10 me the appiica-
ton Of the Columbia 81 Puget Sound Rail
road Company and the Northern Pacihc
n Puget Sound shore Railroad Company
for permit TO construct railroad tracks
along the right-of-wsy described IN ordi-
nance No. 262, from Columbia street north.
IL understand that the companies pro-
pose and Ask for permit not only 10 re-
buiid one track of three rails (which im
informed was the extent OF the companies
structure before the iireD. but also 10 con-
atruct an additional track Of three rails
parallel Herewith, thus increasing the
burden upon the public ways OF the city
beyond anything heretofore allowed or at
tempted. | understand also that the COM
panIes intend so 10 construct these two
sets OF double track that they will both be
at The same elevation and some distance
u
son. Spring and University streets at the
points of crossing. IL Is apparent that
such structure will be n serious obstacle
IN the use of tho streets extending 10 the
water front, and the permit therefor should
not be granted unless the companies have
plain right to proceed IN the manner in
Dictated.
.sThe recent decision OF the supreme
court in the case regarding the crossing of
Columbia street is certainly very broad in
Its conclusions so far as concerns the mat
tiers there in controversy. There Is moth
ing, however. III that opinion which can
be considered as giving TO the companies
the right to lay six rails. and nothing
which establishes the right TO construct at
the old elevation. unless To require con-
struction at the present elevations of the
streets would practically destroy the franz
rhlse. That decision, in my opinion, es-
tabiishes four points only: First. that n
valid right-of-way was granted TO the COM
panies by ordinance No. 2b2; second. that
the companies have right to reconstruct
their tracks to the same extent as they ex-
listed at the time of the fire o; June g. 1889;
third, that the city can not compel the
companies 10 raise the grade of their
tracks TO conform TO new street grades, IL
such raising would practically destroy the
franchise; fourth, that in the case OF the
Coiumbia street crossing such practical
from requiring the tracks TO be raised to
the new grade. Aside from these conciu-
pions the opinion consists Of the reasoning
Of the court and dicta.
whether it is practicable for the COM
panies TO cross Marion, Madison, Spring
and University streets at the new eieva-
ton, do not know. If It is. they should
be obliged TO conform to such new grade;
IL II 10 not, they should be Obliged to come
~ near thereto as 1t Ii practicable TO do
In any event they cannot construct any
more tracks than they had before the fire.
Under all the circumstances l think
vou should ascertain whether il is prac-
.icable TO construct the tracks at the
present street elevations. and If that is
eound impracticable. ascertain the nearest
elevation that Is practicable. A permit
should then be granted to the companies
10 lay at that elevation the same number
Of rails that they had before the fire. To
this extent the city is bound by the de-
eision In tho Columbia street case which
80 far as concerns the points actually liti-
Ested therein Is the established law.
1.-The ordinance recently passed by the city
council providing for the condemnation of a
portion OF this right-of-way has no bear
ng upon the subject. Until eondemna-
lion proceedings have been completed aud
The companies have been paid such COM
acnsation as Is awarded TO them, they
condemnation. The permit must be
granted or refused without any regard
whatever TO the proposed condemnation. :"
Mr.. Burleigh said 1t was the intention of
ihe company to lay down a solid roadbed
instead of piles, and they wanted TO get TO
work as soon as possible.
Commissioner Wolfe was dubious about
.aking action. but after some telephoning
With Mr. Donsorth il was decided that
The board had no recourse but 10 issue the
permit
The petition for the grading Of JOY and
Black streets, from the south line of Depot
,trect 10 the north line of Cranes addi-
aon, was returned To the board oy the city
Engineer. who estimates the cost At
l.. Sos. III. The petition was referred TO the
council FOR action.
communication was received from Su-
,erintendent Helms. stating that he had
been required 10 repair the bridge at Ere.
mont aud the bridge at Ross. as they were
being washed away and would have re-
luired being entirely rebuilt If the work
aad not been done At once. The costs for
'epairs were ss follows; Fremon, bridge.
,iledriving. $50: Ross bridge. piIedriving,
90: plies and lumber. Sti; labor. $40 The
amounts were allowed.
Upon recommendation OF Commissioner
Wolfe eli the bids for furnishing wood for
he Lake Washington pumping station
we're rejected and the secretary instructed
20 advertise FOR new bids. This vas on ac-
count of the former bidders having failed
% furnish bonds. and hencefoTth the
board wilt require certified check of 500
o oe deposited with each bid.
A complaint was received from A. Nc
lean. in behalf OF property owners living
an Grand boulevard. relative 10 the cleo
RE lights between the boulevard and the
Nest Street and North End Electric Com
pany's power house. ~ the lights had not
seen kept in proper condition Tor some
imc, and that the decision of the city TO
esueve the lights be not enforced. bat shas
hey should be continued. and. it possible.
have The service improved, as it wac
much needed in that vicinity.
The Northern pastfc Indemnity Lands.
AssRpxES. Nov. - special. The sec
stary OF the settlers League has received
he following letter from the office Of the
secretary Of the interior;
''ln reply TO the inquiry contained in
rour twc letteTs ~ October y, 1875, have
% state that the order of withdraw. OF
ands within the indemnity limits OF ths
,rant - the Northern Pacific Railroad
company. between Portland and Tacoma,
sas revoked IN the year lSsT. but 40 revo-
alton ~ the order OF Withdrawal. 81 lands
sithin the fotiy-naile or granted limits %
he road along SAID route has been ordered
or the reason that the lands within each
,ranted linaits have been earned hy the
company BY the construction of its road