The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-02-13
ACROSS THE RUBICON.
RAMS Horn Tracks Take the
Mueh-Debated Ground.
NEW PROCEEDINGS TO STOP IT.
Werk Begins on Cosumbfa Street.-The
500 Joins the Canadian Pseiflc
in Rate Cutting.

Thecelebrated rams-horn righs-of-way o!
the Columbia 4 Puget sound and North
ern Pacific railways took another twis'
yesterday. and the rails have now been
lasi halfway across Columbia street. Tbs
remainder Of the distances wiT be trayersed
today, and perhaps the work Of going
through the Colmsn Building viii De begun
also. when some interesting complications
viii arise. The work of tearing UP the
street soon attracted vast thsong OF
spectators. who gathered in hopes Of see
ing the Inauguration of another Of the
many fights over the extension OF these
tracks. but no writs were served. nor ar
rests made, nor any resistance made TO the
work.
The restraining order preventing the
railroads from crossing Colurnbia street
and occupying the right-of-way on which
the West stree. hotel building stands.
which was obtained by J. NJ. Coiinan Just
after the big fire, was dissolved month
ago By Judge Osborn. Mr. Colman took
an appeal and fled a superssdeas bond to
continue the restraining order in force IN
I'll the case could be heard finally in the
supreme court The railroad companies
and last Tuesday il was set aside by the
supreme court. Nothing then re-
manned to prevent the railroads from
going ahead on their right-of-way, and a
few days ago they served notice on Mr..
Colman and the tenants of the building
on the right-of-way 10 vacate the ground.
They had already obtained a permit from
the board of public works allowing them
TO lay one track across Columbia street.
but while engaged in the work. Superin-
tendents Bush and Kline were stopped by
the police. because they were not laying
the new tracks in the same place as the old
ones had been laid. Thereupon an In
junction was obtained against tho city re-
s.raining it from in any way interfering
with the laying of the tracks upon the
right-of-way.
At O'Clock yesterday afternoon the
work of extending the tracks across
Columbia street was resumed under the
direction of Newman Kline, who, as
superintendent of the Lake Shore road, is
also superintendent of the joint terminals
of the Northern Pacific and Columbia &
Puget Sound roads. A score of men were
put TO work aud by the time one track was
halfway across the street Attorney Bur-
leigh had obtained a permit from the
board of public works to extend the Sec
ond track also. Prior 10 granting the per-
nit Corporation Counsel Donworth and
ex-City Engineer Thomson were con-
suited, and as two tracks had been laid on
the right-osway across the street prior TO
the big fire, the board was advised that it
was its duty to grant the permit.
At.. pfv,SA 6nr -
lay the tracks as far as the Colman build
ing. but General Manager c. ]. Smith. of
the Oregon Improvement Company. said
that the work of going through the Col
man building would begin today. As the
occupants of the building were making no
preparations for moving it became an in
teresting question as to how the line
would be extended through the building.
l.. ]. Colman said that he could not stop
the railroad companies from occupying
their right-of-way. He had exhausted
every legal resource. He would have pre-
ierrcd TO do the work of cutting through
the hotel building himself. but he could
not we'll do SO without waving any claim
for damage he might have against the
companies should the case be finally de-
cided in his favor by the supreme court.
W. +. Butler. landlord OF the West Street
hotel. and c. q. Sanborn, tenants in Col
mans building. said that they did not pro-
pose to move get awhile, and that they
should protect their property from being
destroyed. Mr.. Butler said that he had
not been legally served with notice to
quit the premises and that he would stay
until he had been. He thought he was
entitled TO reasonable time in which to
remove his property. Mr.. Sanborn said he
had paid his rent until March !, and he
would stay at least until that time. The
railroad companies might tear down the
building. but he did not think they would
touch his property.
When asked wha. the companies would
do II the tenants should forcibly resist
their being dispossessei. Mr.. Burleigh
said that they would find some way to
assert their rights in lawful manner.
The tenants had no better right than Col
man and the courts had declared that COL
man was not entitled TO possession. The
companies were not obliged to give the
tenants notice at all. If forcibIe resist
anee should be made, injunctions could be
gotten ont against them, One thing was
certain. the railroad companies were going
TO occupy tie right-oi-yay. II the supreme
court should decide that it belongs to Col
man the railroads would condemn the
land and Colman could sue for damages.
bat the railroads would be in possession.
Late last evening Mr.. Gilman COM
menced suit against the Columbia & Puge.
Sound railroad, but as no copy of the com.
plant vas served the nature of the suit
cannot he asceriained.