Kenosha tribune & telegraph. [volume] (Kenosha, Wis.) 1856-1859, 1857-05-07
Lake Shore Road-The Mayors Message

4heSSfS- EdikDFs.
noticein the communication of Mayor Paul to
the Common Council, Ia document which is in 9TH
err respects coinmendable) alusion is made TO the
occupancy by the Lake Shore Rail Road" of West
Main street; and the Mayor in a very compliment
and rather summary manner itseems to me- d;sposes
of the rights and interests of the property-holders
aon, the line of Railroad, by intmating that the
Company consented to occupy the Street upon the
conditions imposed by the Common Council, and
that t is urged that the benefits conferred upon the
citizens immediately affected have exceeded the dam
egeineurred," &c, &c.
Now undertake TO say, that no man who is dis
interested, and knows what he is about win make
such an assertion without implied qualification.
That the citizens in general may be Accommodated
by the passage of Railroad trains through the CITY
10 one is disposed to deny but that those persons
whose complaint furnished the text for the alluson
and whose property has actually deprecated in con.
sequence OF the outrageous appropriation of por-
tion of their property without their consent, and
without the payment of the Gust compensation
provided by the Constitution as the shield of private
rights against jus: such usurpation of preogative as
the one in question: should be considered as entitled
ouly to that measure of protection which the Rail
and which experience thus far demonstrates to
amount to nothing, is not such an expression al
they had right TO expect from a man of such gene
rous impulses rs the present incumbent of the Nav
orally is said to possess.
That the G. d. Nil. & Chi. X. r. Co, have nc
right to the occupancy of Yves Main St. $50 called
for their track and business is evident from the fol
lowing considerations
lst The ground on which the track is laid ant
over which the ears pass, has been, and stn is own
ed by individuals some of whom at least have new
consented TO even the qualified use ofsuch GROUND
by the public for ordinary vehicles for the use O.
which ground the Company refuses to pay
End. There is no such street (strictly speaking} al
West Main Street., the legal pre- requi sites for ma
king it such street having never been complied
with it follows therefore, 1.-THE City Council have
no such power the land in question, to enabl,
them to grant permission to occupy as tits assumed
with some show of plausbity they have with refer
ence to legally established highways
Sd. Ifsuch prerequisites had been implied with
and if the street were legal highway, no Legisla
ture has the power, and ifno Legislature, certainly
not the City Council of the City ofKenosha to au
thorze the placing of a permanent obstruction il
such highway, or the infection of damage upon th,
property of persons upon the line of such street up
on the pretence, assumption that thereby the gen
eral interests of the City subserved least not
until the damages are legally ascertained and paid.
4th. The only way in which the G. b. NJ. & c. r.
Il. Company can acquire the right in question, and
avoid the responsibility of being daily tresspasse
is to do by the owners oflos within the city limits
what they have done by the owners of Lots outside
l. 4 4,
make tender of the same as prescribedby the Char
ter of the Company to the individuals aggrieved
and this is the only way which we can conceive o
an upright character wishing to silence and allal
all complaint
SO much in relation to the rights and powers 0
The Railroad and Of the City Corporation; now
word as TO the individuals concerned 1t is eviden
they are prominently long suffering and not dis
posed to take the law into their hands, for the,
find their land appropriated to the of privat,
corporation, without much a SPY your leave
Sir'-their drains and bitches flied up with clay
their lots overlooked by every shower with water
and the work of former years bestowed in improving
such lots rendered worthless. Yet, the fact tho
they are long suffering and law abiding ought nc
to be construed into asqUiescence in the orgina
wrong or in that subdued and aplogetieal dealin
!, with the r. r. Company which may have stimuli,
ted remarks
believe it to be the duty and the particular bus
ness of Governments, Municipal as well as other
10 protect the rights ofindividuals with jealous ear
In no other way communities permanently thirty
and prosper, and failing TO DO this they become meI
Ileeches, living and thriving upon the taxes wrun
Com honest labor, and at the same time exhaustin
TIE source whence their support is derived.
az SUFFERER.