The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1899-06-01
A GREAT VICTORY.
RAIL WAY COMPANY GIVES UP LONG
CONTEST AGAINST KEMGSHA.
THE SUIT WILL BE DISMISSED.
Company Claim That There Was Doubt as
to the Legality of the ordinance-Man-
ayers OF the Company and City
officials Hold a Conference.

u0 lOuS uSuG UOGWOOE VuO Ill" ~U
kee Light, Heat and Traction Co. and
the city of Kenosha, which has been
the main topic of interest in the city
for the past three months, came to an
end today. The victory of the city is
complete and once more the streets OF
the city are the uncontested property OF
its citizens.
A conference was held this morning
between the different attorneys repre-
senting the interests of the city, and
when the conference closed the May
or announced that the fight had
been won. In the conference this
morning Attorney Chas. Quarles, who
was the counsel fer the city, announced
that after a stormy interview with
Attorney B. z. Miller; who represented
tie Milwaukee company IN the contro-
versy, at Milwaukee last evening, the
company had announced their intention
of asking that the suits brought against
the city to demand the publication of
the ordinance and to secure to the
company the rights granted under the
alleged ordinance, be dismissed by the
court when they come up for trial.
The company also agreed to pay all The
costs of the action. Mr.. Miller stated
that they had taken this conrse for
various reasons, principally because it
was very doubtful if the ordinance as
passed was legal. He claimed that if
any illegality existed it was on account
of the fact that the ordinance had been
materially changed after it's first
publication and that no second publ
cation had been given.
81. c. Payne, of the company, passed
through the city this morning and
stated to Attorney Quarles that the
Company was unwilling to accept any
ordinance which had been granted
under conditions as charged in the
answer of the city to the mandamus
proceedings.
John l. Beggs and other members Of
the Company were in this city this
afternoon and asked for a conference
with the Mayor and other aldermen. In
speaking of this conference Mayor
German stated that it had nothing to
do with the fight which was on between
the two parties. Mr.. German said
that the Company was DESTROYS of
presenting an entirely new proposition
to the city and would ask at once for
another franchise for road through
some of the side streets of the city, on
which they mighUca carry both passengers
and freight. Mayor German an
nounced that the Company was ready
to make great concessions to the city
and the franchise asked for would
probably receive very favorable and
early action. tits understood that the
Company propose to build line which
will eventually become a part of the
new proposed Belt line.
Before the fact that the company
had concluded to withdraw from the
legal fight City Attorney Bohmrich
took another shot at the Milwaukee
Heat & Traction company and the
offending ex-mayor and aldermen
today when he fled an answer to the
second suit fled by the company
against the city of Kenosha. The
answer in the second suit is similar to
the answer in the first, with the excep-
ton of the fact that it makes the
charges against the ex officials little
stronger. In the answer the attorney
urges that the court dismiss the second
action on the grounds that it is identi-
cal with the action brought in the petit
ton for an alternative writ of manda-
mus to which the answer of the City
Clerk was filed yesterday at noon.
The answer to the suit re- affirms the
fact that the company is not a street
railway corporation and adds that it
has for the purpose of its existence the
object of the construction of an inner
belt line to connect with the belt lines
of the city of Chicago. The answer
recites again all the irregularities in
regard to the passage of the ordinance
and the failure of the Council to can
vass the vote of the elections. All the
conspiracy and bribery charges are re-
affirmed, the only change noticeable
being the fact that the words " cor
ruptlY and unlawfully" are changed so
as to read fraudulently and illegally"
1t states that the ex-mayor after the
passage of the alleged ordinance had
interrupted the counting of the vote in
order that he might afix his name to
the ordinance before the official count
had deposed the Council from Office by
the votes of an indignant people. It !
makes tho charges of bribery more
specific and accuses the Milwaukee
company with having a part in and
being cognizant of the arrangements
by which the alleged ordinance was
passed.
LATER:-At the conference this |