The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-05-27
RAMS HORN DECISION
II Fully Comedies the Claims Of
the Railroads
WHAT THEY WILL 90 WITH n.
Iho Yssaehiss Il ysifd SD the City
Cannot Destroy Its vsiue-Lessss
From Judge Jacobs.

The full text OF the decision Of: the So
IRENE court in the case OF the city OF
Seattle against the Columbia Il Puget
Sound Railroad Company and the North
ern Pacific d Puge. Sound Railroad Com
paDy, commonly known IS the rams horn
case. was received in the city yesterday
The court affirms tbs decision OF the
lower court and decides In favor Of the
railroad companies On every material
point, holding that tho franchise Of the
railroads 10 valid and that the city had no
right to 20 change the grades Of the streets
~ TO destroy or damage the value OF the
property or franchise. Tho decision Is as
follows:
City Of Seattle, Appellant, w. Columbia Puget
sound Railroad Company. and the Northern
Pacific and Puget Sound shore Railroad Com
pany. Respondents. No Cci Flied May Il,
1879
On the ll:h day Of March. 1850. the city Of
Seattle passed an ordinance parposfiDg TO grant
arighs~oi-say TO the Oregon 4 1rsnscoatincntai
Railroad Company and tho Columbia Puget
Sound Railroad Company 10 lay a single or
double track along and upon certain streets
therein described. The fsst section describing
second section, emitting the seventh snbdivis-
ion, which provided for tho Joint uss OF such
tracks By any other railroad company construct.
ing railroad to Seattle. and provided method
OF determining compensation therefor. II a.
follows:
road Company and the Columbia 4 Puget sound
Railroad Company be and arc authorized TO
locate, lay down and perpotuaiiy maintain and
operate . single or double TRACK railroad upon
She track and place described in section OF this
ordinance upon tho following terms, to-wit:
"Fiut-That tho said companies, their sue.
ccssors and assigns arc TO allow each wharf
owner . side track connecting the said road
with tho warehouses Of each wharf owner, the
aide track 70 be constructed and kept In repair
by the wharf owners or occupants along satd
water front.
''Second--Thss tho siGhts 70 granted shall no,
In any way be construed as dcpriving the occu-
pants OF lots along said water front OF any
riparian rights or any rights except SO far as
such way extends The said owners and occu-
pants reserve the right 70 wharf out in front OF
oaid railroad. and IL 10 agreed that they shall
have that right without objection by, or on the
part OF said railroad companies. their SUCCESSORS
or assigns
.Third--The said road to be constructed BY the
railroad companies 80 - TO he on a common
level with the wharves along said water froaL
"Fourth--That said companies, their successors
ond assigns, where said track crosses q wharf
now or hereafter To be constructed, shall plank
ana keep in repair at least fifteen feet OF said
way, and whenever . double track Is con-
structed over said way then the company or CON-
panies constructing or operating the same shall
plank and keep In repair the entire way over
said wharves. and the sams may DO used by the
wharf owners At all times except when trains
ere passing over II.
"Ftfth-Thas said railroad companies, their
successors and assgns shall not allow their cars
20 stand upon the track q any wharf along
- fvSNn mt II
owner OF such wharf.
''sixth--That said Oregon b Transcontineutai
Railroad Company 10 to construct q standard
gauge railroad from Seattle 10 Z point on the
Northern Pacific Railroad Company's con-
structcd line. 90 % connect the city OF seattle
with Eastern Washington. either BY way of
Portland. Or. OF the Cascade mountains, within
two ca yeass, snd, on failure 20 to do. this
right herein granted shall b void and Of no
effect Provided That II any other road shalt
construct standard gauge road connecting So
attic with Eastern Washington before the roads
above mentioned. then and In such case the
rights herein to lay. maintain and operate such
1scks be and tho same are hereby granted TO
the road that shall 20 construct such line
"Eighth-Thst said companies, their succea.
eors OF assigns. shall not run trains over said
tracks along said water front at a higher ratio of
speed than six mi!es an hour. aud the city shall
retain the same control over tho streets and
sieys wherein the said tracks ara laid on and
across streets aud alleys upon tho land"
la The latter part OF isSs the Puget Sound
khofe Railroad Company. which was this predc-
ccssnE of tho Northern Pacific & Puget sound
Shore Railroad Company, aud which ciai: ned to
have succeeded to tho rights OF the Oregon &
Iranseonsiaensas Railroad Con pany aforesaid.
constructed railroad OF standard gauge from
seattle To stuck Junction. point on the North
e'n faeiae Railroad Company's line, thereby
al kas ugth
Washington. then, VIA Portland, Or. with a con
hnuous line OF railroad. THIS road was con.
situctei within the time specified IL startet
from point within the southern limits of said
eiss OF seattle, hus did not cover part OF the
r;ghtoE-way deserted In said ordinance This
ruai was operated for about one month after
completion. bat theueefor,h for a year and
hall no tyaias wero run shercover. three
raj EaeS CHE Columbia & Puget sound rail-
saso being narrow gauge roaa) was
Also constructed by the Columbia & Pure,
sound Railroad Company ana the Puge; sound
sAote Railroad ColapsGy aioag tie rig n,-af.wsy
assehh<d tn said ordinance which {. now in
controversy eusa gap OF enc rail icaesh was left
a. The pn,at were the standard yauso track was
assisnea 10 connect vita sae itae eons.rueied
~ aforesaid After the expira,ion Of ,h.s
period OF a year AID a bali. during which tue
f"aa Aforesaid MAS not eTstcd. the connection
Use made and eoussnaoas line was thence.
forth opsrase4 cantiaueas.y for several v,,r,
Wr.tii june :. iAS9. hen 4 great fire s.e.trov.,
tae rausosa aa saii right -at-way. together with
avast amount OF other property ia the vicinity
lac IaiFoaa companies al once set sbou, re.
st"f'@s sAe "Aetycs aad wasehoases, etc ard
ses railroad traces os said Fsrht.of way. When
Nay reached Cesumhia street. bai.ding north.
tsey found taai the city had raised the
esafe OF that street 81 tne pom, of ero~siY
aboat tive feet, aud had filed IN the styee, t.
conform Herewith. On August Il lSSs WHOM
sas railroad companies were nfoese,lins 10 Nu!!t
seFss shs street. ca the hasf svel grads ss h,.
fote. and were cutting taa embark sn; the CITY
hsd placed ia tf0ag Of ihess,. this ae,iaa wa.
e"'Aisi'hees, SAD n temporary restraining orN.cr
was Issued sni sc-yei Ecsfssta!nS them fry.n,
rsosscguas The Tscoastsucfias Of .hegr..a.
erstSs to~an9ns street VARIOUS .,tauau;, us-e
HAic 10 dassa.NS this order, bat uffasri sue.
49, >" tfss t9ae re- pcnaenis hAVs aag zera sAs
- sSteiiNtf@et SA44 nAess north - &c SoetA i
lsas OF A@suaaeAa s'fSss hy reason os these fs.,
se~aiass. lpss TIE anat sF.4i TIE vssast hs.ow I
Decided the cause ia tasog ~ sae defendant. /
bas csscrs>s sAss ;as respondent should ss4. IN
advantage 81 the aee5slsn provided the et,s /
about! within taiTty aaY> prosecute al st.r.sa. 4
which it has doae. ThereGsrN, a. matter. Pa, i
msia n stasa 1sass 81 August y. lSS1
Tie E.Sas-os-way 10 eoasroSeEsy a 3>eat,.t 4
uroa tide aud sAars ianas, q part % - t.tn, 4
- taan the nsesnaer !sne aEi = part wlta5,it 1
! ae art NSe Propositions ecRssaaeg tor rs ap 4
re aus relate e. sae ragas q. rae elsv IA ,aa a, j
is1a aai eoa.rOl raaste street en- Use saorS /
"a = ps-or - TIE erSetsoa o. Sae tsg.sioFy - 4
A. issson ia'e stsse. 10 exieaa the streets /
"a 'Sai'Na iasrvssa. sna tc the eaaeE-as q: q /
- "'S.hAsee estae.isasax shs hls ass grade OF /
cei aSss's sssves Alter t5e sssisactisa al The /
sNitre~2 a. snea 5Ss ~ ~ ere ~ Aforesaid Fer
vac sa'FS'es q ssss case these propositions vii |
~ 80 - es'-Ss4'hs~i- 4se reuasinsax sSsnss
= 4 EN