The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-12-31
NO TRACE OF DEAD.
Divers Make Vain Efforts TO
Recover Mobiles Body.
SEARCH TO CONTINUE TO-DAY.
Friends Raising Fund-Raiiroad and
City Oniciais speak OF the
Death Trap.

A q Feutamln. the diver. put on bis
suit yesterday morning At 10 o clock, ana
continued the search for the BODY o! Sadu
S Noble in the death trap on Railroad
avenue opposite Seneca street lie had
100 feet Of hose this time. and made
thorough search Of that radius IT the
place where Noble fell About o'clock In
the afternoon ne gave u ~. saying there
was no likelihood Of thu BODY being any
where near the spot where the accident
happened. as the tides and currents would
undoubtedly remove II.
After midnight on Sunday. when the
tide VAS out. large number Of men with
lanterns scrambled through the mud un-
der the bulkhead as Ear up az West street.
and looked ia every Granny and place
that afforded a chance for a body 10
lodge. but nothing was discovered
Corporation Counsel scott was reluct-
ant 20 discuss the condition Of Railroad
avenue, but finally said:
''All dangerous excavations IN the
streets should DC protected BY guards or
warning lights. whore the street Is one
which IS open 70 public travel. Whatever
person or private corporation makes an
excavation or opening IN the street which
IS dangerous Is liable for any neglect 70
properly and carefully guard tns opening
80 as 10 prevent accident to any person
who Is at the time in the exercise Of or
binary care. II Is the duty. OF course, Of
II think that under the ruling II the
supreme court IN the case Of the Columbia
& Puget Sound Railroad Company the
city Of Seattle, as between the city and the
public generally. IL the city had recognized
Railroad avenue Ak a street by ordinance.
IL would be estopped 10 deny that IL Was a
street. although the fact might be that
II did not have authority 10 lay out the
street The fact Is that Railroad avenue
was authorized by ordinance OF the city
and public travel invited thereon, 3nd 1t
has been used as a street ever since II
wJ9s laid out. The legislature OF lsa5 an-
tb@rized the location Of streets upon the
tide lands, and Railroad avenue IL one
Of the streets laid out on the tide lands
D. ne local board OF tide land appraisers
and the city at the present time has an
action, entitled the city OF Seattle VS. w
T. Forrest ct al. pending in the supreme
court seeking 10 compel the board OF state
land commissioners TO readjust and review
the action OF the local board of tide land
appraisers In so far as Il affects certain
portions OF Railroad avenue.
II do not say now or mean to be under
stood as saying. that the city would be IL
able for the accident resulting in the loss
OF the life Of young Noble, because / am not
acquainted with all the facts IN the case
and do not know tnat anybody would be
entitled 10 recover damages"
Mr.. @. n. Alexander. chairman OF the
board OF public works. said:
II do not consider that the city can be
IN any way responsible for the accident
The companies have had notice given them
repeatedly 20 take care Of the tracks. and
j understand there 81 on file now a notice
requiring the protection of all openings by
means Of ratings and lights. | think an
ordnance viii be necessary extending Do
lice regulations over Railroad avenue"
Receiver c. j Smith. OF the Oregon I'm
.Ftfs ant fla
c. a i. = \. railroad. near whose tracks.
held Jointly with the Northern Pacific
the accident occurred, says his COMPANY
has not yet orcupiea the land under the
franchise. Ample protection. however.
had been taken 10 guard All the openings
by enclosing them IN railing about four
feet above the plank roadway.
Hon. Thos Burke. local counsel for the
Great Northern. declined 10 say anything
except that he WAS gratiiied that the Great
Northern Improvement had been pushed so
carefully that no accident had occurred
within It's right Of way
Thomas ". Brown, one OF the receivers
az the Seattle, Lake Shore 4 Eastern rail-
road said:
MISREPRESENTATION IS the first law of ma
ture and railroae companies, above an
things, avoid damage suits. for the reason
that the public as a rule Is prciudtced
against corporations They will therefore
always take precaution 10 avoid any pos
Hlpie chance for a damage suit to he
brought against them. and the Lake Shore
road know for the last two years and a
half has been more than cautious@ ard i'm
this instance know thar every pr5eaution
has been tAkcB and will continue 20 he
taken until all5of the work OF reczQIstruc-
ton ia completed.
The friends OF Noble. with a view to
pushing the search for his body 10 a
successful issue. have opened a fund 20
pay the expenses. and Yesterday the fol-
lowing subscriptions We're handed in a. the
post-IntelliFencer office.