The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-12-01
SAxs HORN NO RIGar-oS-wAr.
Assuer of j. n. Coiman In the q. I.
Company's Injunction Suit.

Assuer of J.. n. Coiman In the q. Z.
Company's Injunction Suit.
The reply Of James NJ. Colman and wife
b the answer OF the Columbia Il Puget
sasnd Railway Company to the petition Of
man for permanent injunction to pre-
the railroad company from extending
tracks north of Columbia street along
aas rams horn right-of-way. was filed in
sAs superior court on Wednesday after
noon. IL Is voluminous document of
forty.six typewriter pages. setting forth
many new allegations that In substance
deny that the railroad has any rights. hav-
iss forfeited them by violation OF contract.
Moreover the claim Is made that owing
70 The fact that the rams horn is below
high water line. the city has no right to
grant the right-of-way.
coiman alleges that on July 5. 1854, he
maae q contract with the railroad CON-
lsny for the transportation OF coal and
ssppliss to and from the Cedar river coal
hines al the usual rates to other mines for
ssa years from that date. lie also says
tazs on the same date he gave the railroad
sampsny deed for The right 10 construct
tracks across block l., which he owned.
bas claims that this deed did not grant a
fsht-oi-say so as 10 pass the
re or possessory title, but grant
q only an easement. leaving the fee
% himself lie also says that the
leense was only to apply to a strip thirty
heel wide across the block, the center of
Which at Columbia street is 2o5 feet from
ne southeast corner of the block and at
Marion street ii5 feet from the northeast
wsner, as shown on . plat passed With the
eeed A conditions TO the deed were
bat colman should own the strip subject
. easement: that the riparian rights 10
tat yes; al the tracks should not be inter-
Erred with by the railroad company: that
iAe railroad company should p'aak the
ssfap and keep 1t IN good repair so that
sagans could pass over IL; that Gogman
saa others should always have the right
% pass over Il for business at the gharyes;
Ass, II the railroad company or It's sue
essors should violate the contract tor
Evaporation of coal and refuse 90 per-
isFm II for thirty days at time, the grant
Should be forfeited aud the tracks re-
hassd; that ali the rights granted were
nsaeaeis in case of violation of the con-
Eses
so.msn goes on 20 say that afterwards
va before conveying the property he and
eeaess organized the Cedar River Coal
semrany 20 develop the mines. that this
oairany shipped large quantities of coal
saa paid the railroad company large SUMS
nonsy FOR it. and that uatlg April. ISIS.
|" sss largely interested in the coal com
. tsay, eat then made over has rights ua-
ssf sae transportation contract aud the
hfss-os-wav deed TO the coal company,
sasleet 10 the restrictions already named.
ns saen alleges tina. in issS. 1876 isS5 and
sss TIE railroad company knowingly re-
$50 to transport supplies and charged
Ess rates than 10 other mines en- the
ssas fosd. charging sIss To BLACK pla-
Aehd and s. ~ "a Cedar Mountain. He
- says that the two railroad companies
Ina laid rails for broad and narrow
tAsSe tracks across block l. and plAakea
e sssir, baE on Jane q iSsa. allowed il TO
seas Of repair and 90 fall cut OF repair
soFe than thirty days, SO that colTnsn
20 70 repair IL n order TO set access from
1s eastward.
sesaa then goes on 60 say that the
s~sness 4 Puget sound Railroad Gem
so aled suis en- August s. $50. claim
- 20 ne The sole owner Of the RIG ht-of.way
ass July Is issl lie then reeites bis
80 70 tue block in question and asserts
re obtained ali attoral. riparian and
nights. hat that the strip granted by
- - 70 TIE railroad company ~ss below
water nsEk and 10 seward Of any
sfaaied by the government 10 any
assn. he further alleges .hat the rarn's
a Eisai-et-way granted hy city erd.-