Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1915-08-13
PAVING SUITS MAY GO
TO HIGHER COURT
CITY CAN COMPEL PAVING BE-
TWEEN TRACKS, SAYS SUPE.
RIOR JUDGE MITCHELL.

No decision has been reached this
week by either the company or the
city as to whether appeals would be
taken from certain features of the
decisions in the paving contest be-
tween the city and the Olympia Light
& Power company, handed down by
Superior Judge John R. Mitchell the
latter part of last week, in which the
city won one point and lost three.
Mayor Mottman, however, called a
special meeting of the council Thurs
day night, when the city's side Of the
paving situation was discussed.
Points in Discussions.
1t is thought likely that the COM
pany will appeal from the decision,
in which Judge Mitchell ruled that
the police power vested in the city
council gave it authority to compel
the company to pave between it's
tracks with the same kind Of material
as used on the balance of the street,
regardless of franchise provisions.
This is the one point in which the
city was victorious, but company Off
cials said the question of appeal had
not been decided.
The decisions were given by Supe-
rior Judge John r. Mitchell last Fri
day and held that, though the city
must excavate the dirt under the
street car tracks on South Main
street so that the company can lower
them to the new grade, must permit
the company to lay spur in that dis
trict between 25th and 26th streets,
and must pay the company SIC dam
ages for removing the spur one night
recently, the company must pave be-
tween its tracks in the new paving
district on East Fourth street. A
fourth feature of the decisions was
that the company may continue to
operate its cars over South Main
street, the court having previously
denied the city's application for an
Injunction.
City officials see in the decision
affecting the East Fourth street paw
ing the establishment of a precedent
which will require the company in
the future to pave between its tracks
with the same kind of material as is
,,Cod m <ho ho1opco ~ tho ctroot
whenever streets are improved. This
view, however, is disputed by the
company. In this decision. Judge
Mitchell points out that when the
company's franchise was granted, 25
years ago. planking between the rails
was considered a good enough pave
ment, but adds that the days Of dirt
streets and planked roadways are
past and rules that the company
should therefore use modern pave
ment. The Judge also held that.
whether the franchise requires the
company to pave between its tracks
or not, the police power vested In
the city council ID eumclent 10 com-
pei the company to do 80. and 1t Is
this feature Of the decision which is
hailed as q victory for the city.
City VIII Excavate for Tracks.
With reference to the excavation
on South Main street to put the COM
pany's tracks down to the new grade
the court says the city must do the
work but that the company must pay
for the sub-grade upon which the
tracks are laid.
The city engineer, in compliance
with this decision, has notified the
company that the city will begin the
work on this excavating as soon as
the tracks are moved. 1t will also
permit the construction of the spur
track.