The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1899-03-09
REVIVIOUS COMSTOCK
STREET RAILWAY ORDINANCE AGAIN
BEFORE THE COUNCIL.
ASKS FOR EXTENSION OF TIME
Mr. comstock Claims That Action of the
Present Council Restrained Him From
Building the Line and Asks For
Eight Months More Time.

The Comstock railway ordinance,
which was passed by the City Council
in March, 1898, had another inning
before that honorable body. Monday
night, when the following communities
ton was received by the Council:
Chicago, February 18th, 1899.
To the Honorable, the Mayor and
! Common Council, of the city of
KenOsha, Wis:
Gentlemen--I would respectfully call
attention to few facts relating to
what is commonly known as the Com
stock Electrical Street Railway ordin-
ance. In March, 1898, this ordinance
was passed by the Common Council,
approved by the Mayor and accepted
by me, all steps in the matter being
legally carried out. Previous to the
passage of this ordinance, it's terms and
conditions were carefully examined and
gone over, not only by the members of
the committee to whom it was referred
but by the individual members of the
Council. In addition to this many of
your merchants and business men were
interviewed on the subject and their
advice sought.
Furthermore, the ordinance was
published in at least two of your daily
newspapers for several weeks, giving
every one an opportunity to learn the
conditions and agreements of the or
dinance.
After such a full, free and open
discussion of the matter assumed that
the ordinance embodied the sentiment
of your citizens expressed through the
Common Council. | accepted it in
good faith and went to work in the
matter.
On May 4th, 1898, just two months
after the ordinance had been approved
and accepted, | received the following
communication from your honorable
body:
City Clerks Office,
Kenosha, Wis,
Kenosha, Wis, May 4, 1895
Mr.. Fred S. Comstock,
175 Dearborn St.,
Chicago, ILL.,,
Dear Sir-The following resolution
was adopted by the Common Council
of the city of Kenosha, Wis, at
regular meeting of the said Common
Council held on the I'd day of May,
1898:
Resolved: That the City Clerk be,
and he is hereby instructed to notify
Mr.. Fred S. Comstock that it is the pur-
pose of this Council to deny him any
right to begin the construction of a
street railroad in the city of Kenosha,
should he attempt to do so, under the
alleged franchise as passed March 9TH,
1895"
| Yours respectfully
(SeaD (Signed) Gus JACOB,
City Clerk, Kenosha, Wis.
In addition to the above other Ordin-
ances have been presented and acted
upon by this Council, which have been
detrimental to the grantee and contrary
to the spirit of the Comstock ordinance.
These several matters together with
the breaking out of the late war, have
made capitalists sensitive and some
what adverse to embarking in this
enterprise. But while all of these
things contributed to the non prosecu-
ton of the work, still the resolution of
May I'd. 1898, was a prohibition of
the further prosecution of the work and |
in accordance with section six (6) of
said ordinance, which l hereby quote
in full:
:" The lines of railway herein describ
ed shall be fully completed and in |
operation within twelve months after |
the passage and publication of this
ordinance, unless the construction and |
operation of the road under the fran
chise herein granted be hindered or
delayed by injunctions, or other cause,
or by unavoidable accident, beyond the
control of the grantee, his successors
and assigns; and in case of such delay,
the time thereof shall not be reckoned
as part of the time herein limited; but
the time during which such work may
be hindered and delayed shall be added
to the time aforesaid, as extension
thereof for the time during which such
work may be so delayed"
was "hindered and delayed" Gin
the construction and operation" of the
road under the franchise granted me,
therefore, l respectfully request your
honorable body to repeal said resolution
of May I'd, 1898, and formally extend
the time in which the road may be in
construction in accordance with the
terms of said ordinance.