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

TIE SEATILl
NJ pnsuy uftAsus sny pslaie snsAss1ty sAesa
~ ~ rsoEA Essas - ths seTtAuR4 =
Wsnhtngsoa sesees - four srseks = ~ -
ppsaasas easvfsg = - usssuas1 ~ - =
~ 1ss fee - snes ~ nallsus1 ssOones -
~ Made q wAssA - raPsaesss's sseeks
~ esfsD - - ~ - shts Dstnt. sssse uig1s
= - oeesn1U ~ any efuntng o. inssesasoose
- - two - q Musks. ~ - runntng - ~
- stH1y - - ~ Wose evUf pgisaoe psev0V
- sessse esnosineA ssspaaAsns soaIe ~ -
oae3s suhetnatal1y pasnitea - - osA0A ~
Seeding fasSAee seutAwaed, - Desaf1ea - -
.Dpsiiss6 TO tsaehs = sueA. eurving = -
- essn ness ~ esasse q RsIsrosd sssnue 9
WasAdagsoa sesssG - psafiy - sxfssDe 49,
49, 81 Tie asuane @ 1atn ses0ee. - eaes8
fuSsAss sessh. and hank eersO - avssue =
- extfUDs sass s3ae g Jeekscu sesees, sou
nneehas biloxi eoalA, aod within dassanoe g
se0e - tese III nsspoo1eufs tuo ensesev
esaeks win esen sbs sppsiiaass' Sid tho mex
twtess ssd ~ TOO usssesfy s1nGks ~ shout 90
loss Wis ~ upoo snd aDong said swo uaeks =
such manner ovtng 70 spesllansr curves. sAas
10 paRs Of either tsaek en- b opseafsa wni0
ssy pogssoa OF anesA1 y 10 usa Add - this.
that sixty let south of wss hingsce susse u
h Pueos Sound Company. whaeh 49,
The saseesiy 81 sppeliants' sasd tuo sssokss NJ
. stoe TRACK txsend1ue thence, parallel % -
ether tsaek, - Jsoksou stvees and oey0ao:
- Nain sfreet annener side track co0me1eos
wsthin rsspsndsnts west tssek aad eurvD .
the north aaA wsse 70 . wharf where ~
4 Puget sound company Aae Ia -
penxsr station: q Jeekson stsoos IL Northern
Pacific company. beginning about the ease line
Of Railroad avenue. runs DOT . spur crossing al
Of seSpoudens's tsscks. going west % wharf:
and Just north Of Jseksoa stfses tbo ColuDnsa
4 Puget sound company turns on 80 otoo
tracks mar the est side q Railroad avenue,
which tracks run % Warrington street. The
four main tracks OF ssspondsns do noe touch
the last mentioned sidetracsa bus = Aain
street. IL II proposed 70 sun two TRACKS iron IL
two eassssiy main tsseks, ~ about - 81.
curve, sastsfly seFoss appellant Columbia =
Puget Sound company's two stdssraeks % IL
station gyounds q Jackson and Thted stroo1D:
snd again, at King street. TIE ColumbJa 4 Puget
sound company hes two elevsted ccal bupken
loF Delivering coal 70 ships, With several tracks
On each. One 81 shsss bunkefs II high enough
70 permit trains Of ears passing under II, bat the
made it b proposed % roaSran9o and robuil1
his bunker. There 10 no practical possibility
of rssrondsnt's passipg thee bunksrs 70 the
noushwaro In any other way than thae proposed,
nnIeD IN entire rod - carried 10 the eass pest
- passenger station, and thence acroes ep-
psliants' tracks beyond whefe The hunkee tracks
somDencs. ~ keeping IL tracks 70 the vesk
rom Woshingtou street south 70 about Jaekooa,
respondent can avoid oil Of The complicated
crossings, and b. that neshod. II Il pussuss The
plan Of continuing IT. four tracks southvasd.
hey WIN cross only the spur Of the Columbia 4
Puget Sound company 10 IL wharf, The spur 81
he Northern Pacific company % IN
wharf, and the elevated sraeka 70 The
coal bunkefs: Ill OF which crossings viii
b nearly at right angles; and Id
paAssueee station tSacks viii ned % eeoss hus
lhfoe Of appeliants' tSaeks ooce @ Jaetooa
ltssse The proof shows suea % arrangement
soufd b practically - easy line loe rGspoud-
lae % buiid aad operate - the one proposed
byit
twas the testimony Of every witness upoa the
'eand In the case that the plan PROPOSED byn-
Ipoodsut made . most undesirable series Of
urossiugs which are 70 b avoided, from sailfoad
point Of vtew. BY ell mesns II reasonably possible:
md from the standpoint Of The public. which has
occasion 70 use the cross streets constantly, and
which will furnish the patronage Of Ill thee
railroad companies. the dssisahility Of some
pehes scheme 10 equally - great, ioe the con-
Dsans dangers arisiug from the opsratioa q :
railroad tsalhe amounting 70 from 40 70 60
lssin movemsnts day, according - the ssti-
mates OF both parties, are too obvious tos asgu-
ment, occurring - theV will Ia the heart Of Q
busy city. Al proposed, In the spaes Of 100 fset
lhcro are twcnty-three crossings ct such sharp
nese Of angle that trains could not move upon
zone OF the tracks which He substantially par
aIlsl to each other wehout collision: and such
laClitiss - the c. 4 r. & Co has fox the tsane-
action OF IT. local business II The city, over tho
ltds tracks mentioned. 70 wagons would b d.
most entirely destroyed. Time aad effort were
expended In showing thst this asraneemeut OF
tracks could b operated By means Of tntsslcek-
Ing switches and switchmen. OF course it
could b done and IL does not take evidence %
Il: bat naithee doe IL take evi-
dencs to show that is must b Q most
embarrassing sttuation - all parties 20
tho case, - we'll as TO the puhlic
suggested that in 20 fas g the
appellants' principal tr scks were concerned
they could save the most OF thess crossings BY
moving their tracks over 70 the east side OF
Railroad avenue who're the city has voted them
thirty feet OF the avenue for that purpose; bus
it II well understood that one railroad company
10 not thus required to turn out OF it, essab-
lished way for another coming into tho same
neigh borhood later. The last conner must 90.
itself 70 the first, unloss smother
OF respondent. to be noticed later, 10
sustainsd. Probably much. perhaps all. Of this
d'fhcuity has ariacn from the attempted estab-
ltshment OF Railroad avenue and the assump-
ton Of the respondent that it could not travel
outside Of its limits; II 90. An ordinance from
the city 10 all that lies In the way OF correcting
the error.
Other matter In the case related 20 tho com.
parauve length OF the respective railroads, and
the traffic upon them past ana prospective.
Particular obioQuy way sought TO 30 cast upon
the Columbia d Puget Sound road, because IL IL
but . short line leading into some coal districts
But the statutes. and tho administration OF them
by courts, DO not make the right Of eminent do
main depend upon the length OF Q railroad or
the amount ofits business: aud neither does the
right OF = railroad company 20 keep what tt 70 In
good faith employing In such business - IL has
DEPEND upon the like considerations Those
matters relate entirely 70 the damages to Be- al
lowed when II Is proposed tn cross their rights-
of way and tracks. subject which this opinion
will not discusA The evidence clearly showed
that neither OF the appAllants had such fseill-
ties In Seattle - they ought 70 have. These were
somewhat awkwardiy situated for tho present
and future operation OF the roads; but they
we're put there when they had 70 serve q 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. ~ against the respondent. 70
have them remain ~ they are undixsurbcd CT.
cept as its necessities, rs equal servant OF tho
public. may require them to &c t.crched upon.
All this ts certainly true, unless point nov
70 be noticed IL sustained.
Sc ton ISL. g. g.. reads a. foliows:
EVERY corporation formed under thfs ehanter
Tor tho construction OF railroad shall have the
power 10 cross. tascrsert Join ana unite ,,s rail-
way with say athsr railway before constructed