Frontier and pioneer life -- Oregon; Frontier and pioneer life -- Washington (State)
voting for its purchase, soon felt its pinch, and they wanted
compensation for its pain. The Company threatened to go across Columbia
Street. It was stopped by a judicial restraining order. Having been
elected Corporation Counsel, I came into the case a short time before
the hearing on the motion made by the Company for the vacation of this
order. The former legal adviser of the City, and who had commenced the
suit, I asked to continue in the case and to argue the pending motion.
He did so, and made a technical and very ingenious argument against the
validity of the grant. I must confess that I believed the ordinance
valid, and that the objections urged against it were unsound, and I was
fully convinced the Court would so hold. In the mean time Columbia
Street had been graded and macadamized. Its surface was fully eighteen
inches above the railroad track. Being fully informed by a careful
personal inspection, and thorough measurement by experts, of the exact
fact, I proposed to compromise. I first proposed to allow the Company to
cross Columbia Street, but to cross at the existing grade. This would
require a reconstruction of the tracks already finished, and subject the
Company to many suits for damages in case of their change of grade.
Secondly, I agreed to withdraw the pending suit if this proposal was
accepted by the Company. This all took place in open Court, and the
compromise was approved in open Court; the ordinance, at the request of
the Company's attorney, was declared valid by the Court. The compromise
was also approved.
The next morning, to my astonishment, a large force of men was put at
work by the Company to cut through Columbia Street; basing its action on
the alleged ground that the compromise was null and void because of a
mutual mistake of the facts by the parties. There was no mutual mistake.
I fully knew and understood all of the facts.
An incipient riot was in progress; but the interference of the police
and the issuance of a restraining order soon put an end to operations.
The newspapers emptied their vials of wrath on me as the principal
sinner.
An appeal was taken by the Company to the Supreme Court, and that
learned and unimpassioned tribunal affirmed every position taken by me
in the case; it held the ordinance to be valid and the compromise
binding. Thus, ended the somewhat celebrated Ram's-Horn case, and with
it that railroad across Columbia Street.
On the publication of the decision of the Supreme Court, it was amusing
to see my calumniators retreat to cover; still damning, however, with
faint praise.
Railroad Avenue
Public-domain text, read in full here on John Shaqi.
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