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537 COMMON COUNCIL OF THE CITY OF SEATTLE Jul 20 1888 Be it remembered that on the 20th day of July A.D. 1888 the Common Council of the City of Seattle met in its Council Chamber pursuant to law. The following officers were to wit: His Hon. T. T. Minor & Councilmen J. Furth, J. M. Frink, Joseph Green, T. W. Lake Robt Moran, U. R. Niesz & C. F. Reitze. Absent R. Russell, whereupon the following proceedings are had, to wit: Petitions etc Petition of J. D. Smith and others praying the Council to grant the application of H. W. Wheeler and his associates for a street railway franchise on Union Street from Second Street to Ninth Street. Read and referred to Street Committee. Petition of the Pacific Seattle Cable Road and Water Company for an extension of the time to commence work on said road. On motion the petition is granted, provided that the petitioner will file in writing with the City Clerk within ten(10) days its written consent that the City retain the $1000.00 now in its possession as a guaranty for the completion of its road within one year from this day, and that work on said road be commenced within sixty (60) days from this date. Remonstrance of Bailey Gatzert and others against granting A. S. Miller and others permission to grade Marion Street between Fourth Street and Fifth Street, read and referred to Street Committee. Petition of Geo. C. Monroe for permission to transfer his liquor license from the Arcade Saloon on Washington Street to the Mint Saloon on Main Street between Commercial Street and South Second Street. Granted. Petition of A. A. Denny and others for the changing of the grade on Second Street. Referred to Street Committee, and

538 JOURNAL OF THE PROCEEDINGS OF THE Jul 20 1888 the committee requested to report on the same this meeting. Petition of D. M. McKenzie for permission to use giant powder in blasting out stumps on Block 47 Nagle addition. Also on Block 6 Yesters addition between Mill Street and Washington Street, read and referred to the Street Committee with power to act. Petition of J. W. Hunt for permission to make certain repairs to wooden building on South Second Street between Mill & Washington streets. Referred to Committee on Fire and Water with permission to act. Petition of M. Korn to move wooden buildings from Mill Street to near South Second to the Commercial Street wharf. Granted. Remonstrance of Thos Rhodes who against being prohibited from peddling ice cream on the streets without a license. Rejected & ordered that the permit heretofor granted be revoked. Petition of Parker & Orr for permission to use powder in clearing and grading Bluff Street. Referred to Street Committee with power to act. Petition of G. H. Wright for permission to build a bake-oven under the sidewalk No. 117 Columbia Street. Read & referred to Committee on Fire & Water. Reports His Honor, the Mayor returns to Council Ordinance No. 967, entitled "An Ordinance granting a franchise to J. M. Thompson, and his associates for a cable street railway in the City of Seattle" with his objections thereto in wiring as follows, to wit.

539 COMMON COUNCIL OF THE CITY OF SEATTLE Jul 20 1888 "To the Honorable, the Common Council of the City of Seattle. Gentlemen I have the honor to herewith return Ordinance No. 967, passed by your Honorable Body, without my approval. This measure has not only received your attention but has excited much interest in the minds of the public and been fully discussed in the columns of the newspapers. It is an important matter and merits the dispassionate, careful consideration of every citizen. I believe the parties asking this franchise are responsible men, and that the best method of rapid transit at present in use within corporate limits and upon traveled streets is a well constructed and properly managed cable road. On the other hand I believe great caution in the granting of franchises of this character should be exercised and every interest of the public carefully guarded. What is once done in this direction it is hard to undo. Section I of this ordinance specifies as follows: "Said road shall have a double track with switches, turnouts and turntables necessary to the full and proper equipment of the road, and to be connected on such part or parts of said road as may be necessary for the due and convenient operation of tha same." — The forgoing it seems to me grants to the Company holding this franchise the power to use any portion or the whole of any street on the line of its road, and the wish or convenience of the Company is the only limitation of the exent of its power to use these important thoroughfares. Section 6 of this ordinance provides, that if said grantee, his associates successors or assigns "are prevented from constructing the said line of

540 JOURNAL OF THE PROCEEDINGS OF THE Jul 20 1888 cable railway on any street or streets on account of the same not being granted, then and in that case, they will have six months within which to construct the said line of cable railway on said street after the same is graded:— A portion of one of the streets over which this franchise extends is not now graded, and it is very doubtful in my mind whether it will be graded in the near future. There is much difference of opinion as to what is the grade proper for this portion of the street and whether it should be widened to ninety feet as has been ordered. The settlement of these questions may take years, certainly will occupy many months, and meantime, under this franchise the grantees can wait until the question is finally settled and need not complete their road for six months after the street is graded. It does not seem to me wise to grant privileges of this character and leave the time of full compliance with the provision so indefinite and uncertain. In the case of this Ordinance a large number of owners of property abutting on one of the streets over which this franchise extends has filed a remonstrance against its passage and though some of them have withdrawn the objections present to your Honorable Body yet still it seems to me that the wishes of the remainder of these petitioners, comprising a large majority of the property owners on the lower part of Front Street deserve consideration. A majority of the parties in business on the same section have petitioned for the passage of the Ordinance. It is impossible to meet the wishes of all these many differing and conflicting interests. Weighing carefully these and all other considerations bearing upon this subject I find it my duty to

541 COMMON COUNCIL OF THE CITY OF SEATTLE. Jul 20 1888

return without approval this measure which has received your favorable consideration. Respectfully etc Thomas T. Minor Mayor On motion of Councilman Lake the message of the mayor is ordered entered into the Journal of proceedings of the Council. Councilman Lake now moves a reconsideration of the Ordinance. Carried by unanimous vote. Councilman Lake now moves that the order of business be suspended and Ordinance 964 be adopted notwithstanding the objection of the Mayor. Carried by the following vote Ayes Frink Green Lake Moran Niesz & Reitze nays Furth. Report of the City Treasurer for the month of June read and ordered filed. Report of Wm H. Hughes heretofor appointed to take the census of the City is received and read & on motion the clerk is directed to have the sheets containing the census property bound. Committee Reports Received From Street Committee rejecting petition of A. S. Miller & others for permission to grade Marion Street at their own expense between Fourth and Fifth Streets. Adopted. From same Committee rejecting the petition of the Seattle Upholstering Supply and Manufacturing Company for permission to use the foot of Spring Street between Front Street and alley west of Front St. Adopted. From same Committee to whom was referred the remonstrance of D. Horton and others against grant-