The Ram's Horn Incident

Esau sold his birthright, with all that it implied, for a mess of

pottage. Infant communities, whether territorial or municipal, feeling

the pressure of present want, are always tempted by money-sharks to

mortgage, sell, or surrender, for a mere song, rights and franchises of

a constantly increasing income, and relinquish political power necessary

for a legitimate assertion and protection of their rights in years to

come. A striking exemplification of this short-sightedness appears in

what is said above as to the formation of only three States to cover the

whole Pacific Coast. The supplicant for this birthright, and all its

prospective enormous income, finds his most congenial and hospitable

host in a municipal legislature. He is usually, but not always,

accompanied by the fascinating Miss Graftis.

There are two cases in our municipal history that I will briefly note as

illustrations of this tendency. In neither, so far as I know and

believe, was there any graft. In both I was to some extent officially

connected; in the Rams-Horn case painfully so; in the Railroad Avenue

case simply as an officer and protestant. Many years ago--the dates are

not important--the Columbia and Puget Sound Railroad Company asked the

City Council of Seattle for the grant of a right-of-way for a railroad

track down and over West Street. This was the historic Ram's-Horn. I and

a few others opposed the grant. The City Council hesitated. Its members

desired the approval of the grant by the people, and especially by the

lot-owners along the street, before they acted. A meeting was called at

the Pavilion to secure, if possible, such approval. The meeting was

fairly attended. Mr. James McNaught, a shrewd and able man and lawyer,

was attorney for the Company. He read the proposed ordinance and

explained its provisions, and then, with a glowing eulogy on the

advantages of a railroad, closed amid the vociferous applause of the

audience. I arose to oppose the grant; but as there was a continuous and

determined cry of "Vote!" "Vote!" "Vote!" "Vote!" I resumed my seat. The

proposed ordinance was approved by about a two-thirds vote of those

present, and the City Council speedily enacted it into law. The Railroad

Company built its road from the south end of the town and laid its track

down to Columbia Street; there it stopped, to await the result of

certain condemnation proceedings. The wearers of the shoe, although

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.

Memoirs of Orange Jacobs · 第 23 / 30 题