The Ram's Horn: When Seattle Went to War With a Railroad Over Six Blocks of Public Street

The difficulty as to the laying of rails on the ram's horn has been very ingeniously evaded by Corporation Counsel Donworth. The city had stopped the laying of the rails notwithstanding that there was an injunction against the city as to the track. The city was not interfering with the track; it was simply putting into effect the operation of a right to require all railroads, before doing work on a public street, to first obtain a permit from the board of works. Yet, from a legal standpoint, the city did not want to be placed in the position of "granting a permit"; that is what it expressly desires to withhold.

Mr. Donworth accordingly prepared the following protest, and let the matter go:

"To the Columbia & Puget Sound Railroad Company, the Oregon Improvement Company, to A. F. Burleigh, Esq., their attorney, and to the officers and agents of each of said companies:

"Whereas, you are now proceeding to replace certain rails of railroad south of Yesler avenue and north of Jackson street, in the city of Seattle, claimed by you to be within the limits of the alleged right-of-way commonly called the Ram's Horn (which right-of-way and claim the city denies to be valid or of any force or effect whatever), you are hereby notified that said city of Seattle protests, and does hereby protest against your laying, or permitting the laying, of any railroad tracks in said location, and said city will hold you, and each of you, responsible for the laying of any such track, or the building of any structures in said location, and said city refrains from interfering and preventing the laying down of said tracks only by reason of the fact that there appears in the minutes of the equity department of the superior court of King county, state of Washington, June 15, 1892, an entry made in cause No. 13,319, wherein the Columbia & Puget Sound Railroad Company is plaintiff and the city of Seattle is defendant, stating that a temporary injunction is granted against said city as to track south of Yesler avenue. And not hereby admitting the validity or the application of said injunction to the premises aforesaid, said city, for the purpose of avoiding the danger of contempt of court, refrains from interference for the reasons stated.

"You are hereby further notified that said city of Seattle denies the right of you, and each of you, to construct said tracks, or any tracks, or to erect any structures whatever within the limits of Railroad avenue or Yesler avenue, Washington street, Main street and Jackson street, and will proceed to remove any structures placed by you in any of said streets at such time as said city shall deem proper.

"Dated this 15th day of April, 1893. The city of Seattle: By J. P. Sweeney, Acting Mayor; George Donworth, Corporation Counsel."

Received a duplicate original of this notice this 15th day of April, 1893. — Andrew F. Burleigh, General Counsel.

The city, having asserted its claims, rights and authority, withdrew from the scene and the work of track-laying was renewed.