The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-11-18
THE NEW CITY SEAL.
Municipal Bond Money to Be
Spent During Campaign.
EFFECT OF THE sRAsEn CASE.


night for the purpose Of passing two or
dinances. both OF them relating to the
Issue OF the city bonds. y. ". Harris &
Co. have agreed TO take them. but they
have not yet been prSssej, as Judge Dillon
has not passed upon the records Of the
submission TO the voters and the suhse-
quent legislative proceedings. A certified
transcript has been forwarded TO him. but
the legal proceedings we're most carefully
conducted. and there il little reason to
fear an adverse opinion.
Harris & Co. ask, however, that each Of
the interest coupons. forty in ali. be au-
thenticaied by the city seal, and. as the
one in. use is TOO large, an ordinances was
passed last night authorizing the cutting
OF new seal. the outer rim OF which shall
not be more than one inch In diameter.
Tho other ordinance authorizes the mayor
and city CLERK TO append their signatures
by lithography on the coupons.
The administration is preparing to use
the proceeds OF the sewer and tunnel
bonds as soon as they are received. The
present plan. as outlined by the mayor. Is
TO undertake work for December, which
will require the expenditure for labor dur
ing the month of $4,000 on the Front
street sewer. 5000 on the Lake Union
tunnel and $4,000 on the Roliin street
sewer. City Engineer Thomson is at work
on the details of the plans. and il is ex-
pected that before January there viii be
500 men at work on sewers calling for an
outlay of $4,000. without material, be-
tween January and April next.
The verdict of the jury in the case of n.
II. Brasen against the city for damages
sustained by the grading of Ninth street
between Pike and Pine, is one OF the most
important recently rendered. The in
structions of the court. which comprise
the conclusions Of law, are of great inter-
est. They are as follows:
''The Jury are instructed that If they
find from the evidence that the value OF
the premises alleged to have been dam
aged by reason of the change Of surface of
the streets mentioned in the complaint
was, after said change OF surface equal to
or in excess OF the value of said premises
Immediately before the change of surface
their verdict must be for the defendant.
THE jury are instructed that IL the
property alleged to have been damaged
was worth more Immediately after the
change of the surface of the streets than
il was before said change of surface, their
verdict must be for the defendant. al
though the jury might find that some ex-
pense would have to be incurred to adjust
said premises to grade.
"The jury are Instructed that when the
surface of a street is changed, the AUDITING
property owners are not entitled to re-
cover as damages the amount it would
cost to fill their land up to the grade nor
for loss and Inconvenience In the prosecu-
ton OF their business caused by increased
difficulty OF access, nor for the conse-
quences of water upon their premises
caused by increased difficulty of drainage.
The measure of damages in such case is
the difference between the market value of
the property Immediately before and i'm
mediately after the change of the surface
of the streets.
1.-THE jury are instructed that II they find
from the evidence that the premises de-
scribed in the complaint were benefited
by reason OF the change of the surface of
the streets mentioned in the complaint
and that such benefits rendered the prop
erty as valuable, or more SO, than before
the change of grade, there Is no damage
and their verdict must be for the defend
ant"
The third and fourth paragraphs, and
especially the third. contain declaration
of the law. which. although not new, has
never before been so decidedly promul-
gated by jury.
Fred ID. Cleayes was yesterday formally
installed as deputy city treasurer in place
of John J. Knot, who resigned. Cleaves
was formerly an official of Wnateom
county. but has lately been practicing be-
fore the land Office. He is protege of L.
o. Graves, and was Endorsed for the office
of register of the land Office to succeed
Col. g. G. Lyon. He had as an opponent
John Y. Terry, so that his appointment
very comfortably takes him out of the
race. The spasm of economy which was
supposed TO have been at the bottom Of
the request for KNOTS resignation. seems
to have spent itself very quickly. and the
practical effect is to let a Republican out
and put a Democrat in. There was no
question of KNOTS efficiency. and he left
the Office without the faintest suspicion
attaching to him of any dersliction of
duty.