The Road That Refused to Be Fenced In

In Judge Osborn's court yesterday George W. Bacon, John J. Landman and Edward G. Coldenway failed in an action against the county for the restitution of land near the Ranke brickyard, on the Duwamish River. They had also asked for $300 damages for unlawful detainer and for a rental of $5 a month.

The action was caused by the county commissioners building a road from Alki Point to the east shore of the Duwamish, near the house of D. Parmlee. The tract of road claimed by Bacon was of varying width and bordered on the river. There was some question as to whether the line had been located along the original survey, but as the road had been in use for about twenty-five years, the county considered it had a very good case without giving him technicalities. Day before yesterday Judge Osborn was inclined to grant a nonsuit, but finally gave two days in which an amended complaint could be filed. The jury decided the case in ten minutes.

The controversy first arose a few weeks ago, when it was reported to the commissioners that the road had been fenced up. When Prosecuting Attorney Hustle was consulted he advised that the obstruction be removed, and the fence was torn down. The blocking of the road had been done at the McGrath place, and it is understood that McGrath would also have sued the county had Bacon secured a favorable verdict. Next Thursday Mr. Hustle will defend a suit somewhat similar, involving a road at Kent, across which a ditch has been dug.