The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-02-14
ENJOINED ONCE MORE.
The Courts Again Stop the
Rams Horn Progress
COLUMBIA STREET CROSSED.
Coiman Pleads the Agsssmeot ~ 20
us gsilafng-osher Property
Owners Talk Of Cenpssnsse-


IN. uo~.her, edge Of Colrrs hia street yes
t,rdav and there they stop while the Law
vers take q fErn q. the struggle and give
TIE ,rseklsvers rest. Their further pro-
rr.s. vas stopped by ten rorsry restrain
ing order issued By Judge Langley late on
Monday night forbsdding the tearin z down
osJM rolnan's building. which stands
clear across the rightof-wav claimed by
the railroad companies This whl oe
either dissolved or made temporary IN
function at this mornings session Oh
Judge i4angiey's court.
On Monday evening Hon. Rogsr =
Greene, attorney for J. VI. Gilman. aF-
r,Elea 20 Judge Langley for restraining
order To prevent the tearing down OF the
bssiidine. which was expeetsd TO begin
yesterday morning. and stated as the
ground that he would In the morning bic
a complaint alleging some new facts whieh
had not been brought out in the proeeed-
ings before Judge osborn- The complaint
asked not only that tire tearing down
of the building he forbidden. but
that the coIurnbis 4 Puget sound
Railroad Corn psny and the Northern Pa-
rsfse a Puget sound Shore Railroad Com
many be forbidden 10 enter upon or occupy
for railroad purposes any part OF block l..
which IL the block bounded by Columbia
and Marion, Front and West streets. to
the westward of a line commencing at .
point on the sontheriy marginal line OF
block L. 20 ~ tect from the center line Of
Front street, and thence curying eastsriT
By a s-deeree curve % the northerly mar
ginnl line of block l.. 17s.03 feet from the
center line Of Front street.
The basis of the claim made by Coifran
ss that the railroad companies are estopped
from bniIding beyond the line described by
m agreemept made In iss9 between the
parties. under which the railroads marked
ont the westerly line Of the right-of-way
hyssakes and agreed 10 allow colman TO
erect building west OF that line without
interference. II IL claimed that the line
was siaked by the railroads agents, and
that, relying upon their representations
that the railroads would not claim any
thing west Of that line and would not in
fsrferc with the buildings. he proceeded
with construction. Coinan insists that
the railroads stand By this agreement
After examining the complaint A. F.
Burleight. the attorney for tho railroads.
appeared before Judge Langley and stated
that the points raised had all been adiudi-
Gated By Judge Osborn. The hearing had
been set for Friday at Judge Greene's re-
quest. but on Mr.. Burieigh's statement il
was set forward to today.
Mr.. Burieigh says that the points raised
are al old ones, on which testimony was
taken before Judge Osborn. and that he
decided them adversely to Cotman.
IN regard to the stalking out Of the
line. he Gays that Mr.. colman sent up to
the railroad Office to have somebody de-
fine the line and clerk went down and
staked il ont, but denies that the mistake
of this clerk binds the railroads. While
admitting that the agreement allowing the
erection Of the building was made. he says
that IL contains q proviso that it is with
out prejudice TO the rights of eithfr party
NJ they may be ultimately defined by the
courts. Judge Greene, howe yer, denies
thar the agreement contained any such
rroyiso, and IL il understood that he will
produce evidence 10 support his conten-
ton.
While the lawyers were laboring In cour,
with tho perennial controversy, the work
men were getting in some good clicks
on Columbia street. Though their progress
spectators. they completed both tracks to
the very edge of the building over which
the lawyers are wrangling. not even
sparing the sidewalk. When they laid
their sserilegious hands on the sidewalk in
front of the West Street house. ". f.
Butter. the landlord. came out in grea.
agitation and exclaimed
"Don't you touch that sidewalk"
Give her lift. boys" was the only re.
Spouse of.H. Middaugh. the superintend.
ent of bridges and buildings. who was
bossing the gang, and they gave her lifl
and soon had the boards out of the way
Mr.. Butler went up town to see IL he could
not find some way of stopping the work
but was not successful. The tracks we're
planked over. tho street graded down e
them on each side and the rams horn rc
tired for a nights rest IL will resume
prodding in court this morning.
While MIR. Colman is doing all in his
power 10 prevent the rebuilding of the
much-discassed tracks, the PROPERTY own
ers farther north along the water front
are making a virtue OF what they eons,de.
necessity and preparing 10 make term,
with the railroads. so that the tracks viii
cut up their lots as little as possible. III.
proposal is that the decided right -of-wa,
shalt be exchanged for the thirty feet adj
Joining Railroad avenue on the east. 50
that the Columbia & Puget Sound ans
Northern Pacific would then have tn,
tracks directly against the warehouses
from which the needed space would be cut
of. That is a position which ali the rail
roads coyes, but 60 gain ii the right-of-wa,
through the block owned by the Lax,
Shore road woald have 10 he bought. ant
some difficulty might be experienced il
getting under the Gilman coal bunkers
An alternative scheme IL that the city Civ,
thlTty-foot right-of-way directly 10 the
west OF the electric car tracks on West
street and that the street be widened b,
the gait OF eight or ten tces by the property
owners on that side OF the street. Ii thi.
cannot he accomplished IL Is proposed ina
the tracks should run straight ~ Pos
street. So far these schemes have onl,
been talked about among the propert,
owners and suggested by them TO the rail-
roads. bat there seems TO be prospect
that some such arrangement will ne made
provided that The railroads get as good .
right-of-Say As they give NJ. without adai
nonal expense.
tntae Pacific keorCanlsattcn