Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1854-03-03
THE TELEGRAPH.
KENOSHA. MARCH L. 1854.
N~NNOOONNNON-NSN-NNN -~-N-O-@0N-~-~-O-N
INJUNCTION

INJUNCTION.
An Injunction has been served on the
! contractors of the Lake Shore Railroad
| in favor of VIM. Seymour n. r. Allen
j. X. Phelps and Joseph b. Allen, forbid
ding said contractors from doing anything
further ON West Main Street under pen
| atty of ten thousand dollars until the fur
Their ordering Of the Court. Rather than
submit to this hindrance. the contractors
have declared their determination to
change the line of the road and run west
OF the city limits altogether. This deter
mmation is expressed in a letter of Mr.
BISHOP now before us. The general in
terests of the city are opposed to this
proceeding, or any other proceeding cal
culated to throw the line of the road far
Their westward. We hope some measure
will be adopted which without too great
sacrifice of the rights of individuals will
afford the road every convenience for re-
tanning the line heretofore proposed. 1t
is question in which all our citizens are
mutually interested.
The gentlemen named in the above ar
ticle, which we find in the last Kenosha
Democrat, are not the only persons in
terested in the Injunction. Nearly all
your citizens residing along west Main
Street, have united in bringing their suit
to determine the question whether or not
this Railroad Company can run its Rail
road over their lands without making
81 l.rpl 4
pany the permission to run its Road along
over Its streets so far as it had the power
to do So and efforts were made to induce
the Company to take Exchange street for
such purpose. West Main Street was
not included in the village or City plot
ana is not City street, consequently the
action Of the City Council could not ex-
tend to it, and it stands like any other
highway, with reference to this question.
West Main street was laid out and open
chased, opened the road and built thereon
for the purpose Of residing in quiet and
retired part of the City, away from noise
and confusion" Their lots are small and
accessible only from this street. and they
consider that the construction of this
road will completely defeat the object
which they had in view in locating their
residences upon it, and also greatly les
sen the value of their property. The
Company located and graded their Rail
road along this street, without offering
any compensation to the owners of the
land which they took. The owners then
proposed to'arrange the matter amicably.
but no attention was paid to the propo-
sition. They do not object to the con-
str,lction of n Rail Road, bat they do OBJ
jet to the taking of their property with
out Just compensation therefor, or to the
use and destruction of Il highway and the
only means of access to their dwellings.
without being remuneratcd for the dam
ages which they may sustain thereby.
We believe this Company will yet be will
ling to do right, and this is all that is re-
qured. We are glad to see that, instead
of changing the line running west of the
city altogether" (Which we believe is not
allowable by its chartcr), notice has been
given Of an application for the appoint
ment of Commissioners to assess these da-
images, pursuant TO the provisions of the
charter Of the Company. This is all right,
and as the Company did not move in this
matter before the road was commenced,
and as they paid 10 attention to the pro-
position to arrange the matter alnicably,
we cannot see that the Company has any
cause to complain that proceedings have
been commenced to determine the rights
of the respective parties. Indeed. in our
view, they would not have been justified
in delaying these proceedings until after
the road should have gone into opera
ton.