Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1899-12-12
MILL RACE SUIT ENDS.
Common Council Votes to Settle the Case
Out of COurt-City to Pay Joint
Owners 81 500.

Owners $1, 500.
At the regular meeting of the com
mcn council last Tuesday night action
was taken whereby all litigation grow
inc out of the east side mill race case
is to cease and, in consideration of
81. 500 paid to r. P. Koenig & Co. and
the E. Kunert Manufacturing company,
the city is to be privileged to fill up
the south portion Of the race as far as
Milwaukee street bridge and be re-
leased from all fu rther liability in the
promises.
Alderman Wertheimer presented the
following resolution, which was unan-
imously adopted
Whereas, the common council of
the city of Watertown, did at regu-
lar meeting thereof held on the I'd
day of August, 1898. adopt the follow
ing resolution:
Whereas, Rudolph P. Koenlg ct al,
through their attorneys, r. B. & |. B.
Kirkland did on August l serve papers
on the mayor and the city clerk in an
action commenced in the county court
entitled Rudolph P. Koenig ct al, plain
tiff. VS.. The City of Watertown, de-
fendant, the alleged cause for such
action being the resolution passed by
this council providing for the filling
up of that part of what is known as
Coles race, on the east side Of the
river. over and across the city water
works property; therefore be 1t
'sResolved, that the mayor and city
attorney are hereby authorized to take
the requisite steps to protect the in
terests of the city in said action
Now. therefore, be it resolved. that
the said resolution be and the same is
hereby rescinded, repealed and an
nulled and of no effect.
The following resolution, offered by
Alderman jacob, was also adopted:
Whereas, the mayor and the city
attorney were directed by a resolu-
tion passed by Il e common council at
a regular meeting thereof, held Aug
ust 2, 1898, to take the requisite steps
for the protection of the city's interests
in certain action commenced by +.
Z. KOenig ct al VS.. the City of Water
town. August 1, 1898, in relation to
filing up of that part of what is known
as Coles race, on the east side of the
river, and over and across the city
waterworks property. said resolution
having this 9Th day of December, 1899.
at a regular meeting Of the common
council of said city, been rescinded;
Now. therefore, be it resolved. that
the mayor confer with the citv attor-
ney and the same be and are hereby
instructed to forthwith withdraw and
stop all further litigation in relation
to the above entitled matter.
gilt was voted to have the mayor ap-
point a committee of two to act with
himself in Offering a report in the
matter under consideration Alder
men jacob and Wertbeimer we're ap-
pointed, after which the council took
a recess of ten minutes to allow the
committee to confer. The following
report was then submitted:
To the Hon. Mayor and Common
Council of the City of Watertown.
Wis. Gentlemen: Your committee.
duly appointed to negotiate with r.
2. Koenig & Co. and the Kunert Man
ufacturing company, regarding an
amicable understanding and settle
ment in the pending controversy, begs
leave to report:
Your committee has given the mat
ter due and deliberate attention and
co sideration, and have met the re-
spective parties several times, having
long sittings in discussing all the mer-
its, pro and con. connected with the
case, and have endeavored to our best
ability to come to an agreement most
beneficial and favorable to the city
Your honorable body, no doubt, is
aware of the late decision of our SUI
preme court in the matter, which
plainly says that the respective par
ties have certain vested rights and
privileges.
From this you will see that the city
has but two ways out of the dilemma,
either to entertain lengthy litigation
with uncertain results, or to make a
reasonable and fair compromise.
Your honorable body seemingly is
desirous to choose the latter, in which
your committee comedies.
There is another question in this
matter which has not a. vet been
brought up, but which will sooner or
later turn up should all parties inter-
ested not come to peaceable under
standing, and that is the necessary re-
DairS on the race
This would again create new litiga-
tiOn and mean more law suits.
AS said before, your committee has
endeavored to procure the best basis
of settlement possible for the city, and
we herewith give your honorable body
the results of our work:
The Koenigs. as we'll as the Kunerts
(the old j. B. Bennett property, and
your committee have finally come to
the understanding to submit to your
honorable body, either for approval
or rejection, the following proposal.
namely:
r. P. Koenig & Co. and the E.
Kunert Manufacturing company joint
ly offer TO take the sum of fifteen hun
dra6 dol1orc (11 6OOA opd in oopo;1oro