The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-08-12


of way aud tracks. bject which this opinion
will not discuss The evidence clearly showed
that neither OF the appAllants had On eh fsstli.
ties In Seattle - they ought 70 have. These were
somewhat awkwardiy situated for tho present
and future operation OF the roads; but they
were put there when they had 70 serve . much
smaller community, and the owners now have
to operate them - BEST they may. All OF this.
however. does not de.ract from the right of
these companies, ~ aga.nst the respondent. 70
have them remain a. they are undixturbed, cx.
cept as its Necessities, rs equal servant of thu
public. may require them to &c t.crched upon.
All this Is certainly true, unless point nov
70 be noticed IL sustained.
Sc ton 1871. g. g.. reads a. follcws:
EVERY corporation formed under this ehap,er
Tor tho construction OF railroad shall have the
power 10 cross. tnterserf Join ana unite i,s rail-
way with aay sther railway before constructed
at any point In lite route. sud upon the grouuds
o. such other railway company, with the neces
sarv surnouts. stdings, switches aud other eon
veuences In fnrtherance OF the object of its con-
neetions. and every corporation whose railway
10. or shall Be hereafter. tntersectcd By any new
railway. snail unite with the corporation own
Ing sach new railway Ia forming such iu,e,sec-
tons ana connections, sfd grant the facilities
Aforesaid. aud u the two corporations cannot
agree upor the amount of Compensation tn h.
made therefor. or the points and N nor Of xuea
crossings ana connections. tie same shau he
sseSr,asses and determined In the manner pro
vsdet sy law FOR the taking OF !xnes ara o:ns,
property watch shah b necessary for the CON.
ssraetea OF its road
without any direct provision on tho suh;..,
cue railroad mus, have the riga, 20 ero., ar.
other. since the authority 10 build ratIro.s.
from o1s part OF she eoanc-y 10 aaoihc. eouId
net re eSe-clsei Nishou, IL. and the torewe;ry
section merely regulates the manner o. .aou,,'
ing that ssgat, VITA some o,hers Aruell.ntx
contend. however. that TIE pan prono>sa hx
respondent IL rot enti;led To he tres tai a. a
crossing, Bat % a longitudinal taking al ,n.,,
property devoted so pnbiic uses and ther.s,r.
not sataossed either nv the statute a,
decisions O. eoartS I. 10 n craa,.l
rGlc tasi property which IL slreas,
cssaied 10 ore puolte Use. such an s,rer.,
parks. surT!ag grounds. sta'e. county ana o,h.
resltc Institutions. aud railroad rsrh,s-ofv.v
station rreanis. iernsiusi graunds. yard. ara
the ike. cannot 10 taken for sno, her publie
use anass TIE eniaens domain laws, unlesx
ieere - express GO clearly nipple. statutory
authority therefor q =, secs iEs-5 ufoy,des
Soc eases where pusiss grounds uases the
ssfasdaesaen ea counties ard cities are neres<srx
Tor FAi4:eai purposes. 5u; there in nothing
t6tfasr in car statutes on tsst subject, sxren,
fhSs e r. sec. SSs makes rscvsxion for the cases
wnsrs II Is necessary fos railroad 70 20
tafeuxA . canyon, paxs or eeals already oeca.
paed D. al eafiies road
The lezssag exseS GA this poins are sattsr
o. bsssoE & Aisssy Railgosd Company, IS New