The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1900-08-09
FAIL TO COMPLY,
HAYNES and CIausen Fail to File the
Bonds and the Ordinance is Said
to be Null and Void.
LONG LEGAL FIGHT EXPECTED
Mayor German al the Last Moment APP
proves the $40. 900 surety, But Re-
fuses 60 Approve the other.

Messrs. Haynes and Clausen, of Chi
cago have not complied with the
demands of the street railway ordi-
nance recently passed by the Common
Council, and according to the terms OF
the ordinance the franchise is null and
void. Late into the evening City Clerk
Jacob remained at the city hall last
evening awaiting the coming or the
surety bond, but it failed to come, and
after the caucus was over the City
Clerk shut up and went home, leaving
the street railway ordinance to lind It's
fate in the courts of law.
Yesterday afternoon the Mayor took
his first official action IN regard to the
bonds and approved the sutflciency
of the surety of the bond for S1O,-
900 but refused to accept the other
bond for $4,000. Thus ends the first
chapter of the street railway hight
between Messrs. Haynes and C1ausen
and the city. The road will not be
built this year at least, and the com
pany will have no one to blame but
itself.
The ordinance was passed and vetoed
and after a hard fight passed over the
MAYORS veto, but the company have
not complied with the demands of the
ordinance which they secured after SO
long a fight, and there is nothing now
to do but to 90 on and take up the next
ordinance.
Mayor German has acted consistent
1y throughout and has opposed the
passage of the ordinance and has
gained point by holding to the letter
of the ordinance passed over his veto
In SO doing he has had many OF the
best people and taxpayers OF the city
behind him, and in fact most OF the at
torneys in the city claim that the
Mayor has done the only thing posi-
bic under the circumstances. The
company had thirty days in which to
obtain the bond required by the oro1'
nance and they failed to secure the
bond, SO that all blame or praise fo1
the failure of the ordinance is removed
from the Mayor and placed where Il
should be1ong-on the ordinance 1tsel1
and the men who accepted 1t before Il
passed the City Council.
AS to the future it is hard to prog
nosticate. The action of the company
and the Mayor have thrown bone &c
a dozen hungry opponents and shoulo
the company attempt to build on the
ordinance all sorts of legal tangles
will come up and there will be sutt1c1ent
litigation to delay any work on the
road for several years at least. The
action of the Mayor in refusing to ap
prove the bonds filed leaves the ord1
nance open to attack from all sides
and there is little doubt but that the
opponents will take advantage OF
every point possible.
1t is possible that the company will
drop the matter here and not attempt
to force fate in the courts, but on the
other hand go to work again and pre-
sent another ordinance with all obJec
tionab1e features removed. Such ar
ordinance would undoubtedly be pa ssec
bv the City Council, but it would still
be subject to all sorts of onslaughts II
the way of injunctions and the picture
for the future of the railway is indeed
a dark one.
The Milwaukee company still has
an ordinance before the Council ano
they will ask that some action DC
taken on it at once. Such action, how
ever. will not secure railway for the
city. as the meagre considerations of.
fered the city will not in any way
tempt the aldermen to make such a
valuable grant.
Let either the Milwaukee company
or Haynes and C1ausen come to Keno
sha and give the city a cash bonus and
they will have little trouble in securing
right of way through the city.