The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1898-04-28

briefly.
| do not object to street railways
where the city that gives everything !
gets something for the valuable priv
leges it grants, nor would oppose II
street raj. way ID Kenosha if the basis
of contract was fair and equitable and
we could see some commensurate re-
turns for the use of our streets as we
grow in population, Importance and
wealth.
This particular franchise grants
term of fifty years and | oppose that
from start to finish.
There are many other Objectionable
features in this franchise and | will
enumerate sumo Of them, viz:
In the first place it is the evident in
tention of this company to be part of
some through line at no distant date,
for frequent allusion is made to the
privilege of carrying baggage, mail
and express matter" it may OPP
crate trains though of not more than
four cars at time"; that its cars will
be provided with conductors" while
we who ride in local cars have got to
put up with what is called bob tail
cars, or one where you collect your
own fare and take it to the driver or
rrotorman-a double track may be
laid on any street rega. dless OF the
width of the street or the wish of the
people" electric or other power, eX
cepting steam power" may be used,
and that other power" may mean a
mule-the company has to remove
snow from it's tracks, but is not pre-
vented from dumping it just over on to
the adjacent highway to be carted
from there at the expense of the city
all the company has to do is to just get
it off from its tracks.
Sec. 8 ostensibly limits the time to
twelve months after the passage of the
franchise when the road shall be com
pIeted "unless the construction, etc.
shall be hindered or delayed by in
functions, or other cause beyond the
control of the grantee, ETC."
Now other causes" might hinder"
Ullo COuOtI Ctuu COlIl DIOblO1 VI CAlO
road indefinitely, and yet Mr.. Com
stock would have the right to come
here in 80 years or at any time and
demand his rights to build street
railway in Kenosha under that fran
chise as expressed in section 6.
Section z, article M, stipulates that
in the event of his failure to operate
the railway for 80 consecutive days ETC.,
that his rights under the franchise
shall cease, ETC., provided that no for
fixture shall accrue in case said grantee
is compelled by causes beyond his con
troi, temporarily to abandon the use of
his tracks, ETC."
Under this privilege Mr.. Comstock,
for /" causes beyond his control" might
cease to use his tracks for 80 weeks or
as many years and then " resume the
use thereof as soon as such preventing
cause shall have been removed"
This section is too vague, uncertain
and indefinite.
Section grants Nj. Comstock the
right to make his local line part of
through lire without consulting the
City. IF any other electric line"
wants to pass through KenOsha let us
reserve the right to negotiate direct
with it ourselves and not delegate the
power to disnterested outsider to do
it for us.
Sec. Is requires bond to indemnify
the city during construction, = this
should be made to apply to cOnstruc-
ton and maintenance, it might save
litigation some time.
Now after all has been said and done,
whether the franchise is good or bad,
it is invalid anyway, and for this reason
even if it had no Objectionable features,
viz
Chapter 148 of the Wisconsin laws of
1898 passed Aprilal2th, 1893, reads as
follows, viz.:-Sec. l, "The provisions
of the revised statutes of the State of
Wisconsin, relating to powers Of village
boards of incorporated villages, and as
to the powers sof common councils of
cities in the State of Wisconsin, IN re-
lation to granting franchises, are here
by limited and defined by the following
provision mo franchise shall be granted
by any village board of any village, or
by any common council of any city in
the State of Wisconsin,, to any person
or persons or corporations whatsoever,
without first shaving published such
franchise, at the expense of the party
applying for the same, in the official
newspaper Ct such city or village, for
not less than two sweeks previous to
taken action hereon by such village
board or common council in order that
the people whose interests are at stake
may have an OPPORTUNITY to be heard
if they so desire"
Sec. 2--this act shall be construed to
be an amendmentfof every city charter
and of every village charter, whether
incorporated under the special or
r..aral la We Of tho State of Wisconsin