The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1900-07-26
WOULD NOT APPROVE
Mayor German Fails to Sanction the
Railway Bond Signed by
z. G. Simmons.
SIMMONS DENIES INTEREST.
Says That Hints of His Connection With
the Line are without Foundation.
His Remarks About the Bonds.

$500 SS~~~~~~~ 49,
Messrs. Haynes and C1aussen fled
their acceptance to the street railway
ordinance with Mayor German Mon
day afternoon, but the acceptance be-
ing filed another trouble has arisen to
prevent the beginning of work on the
construction of the line. The accept
ance was in proper form and with it
was certified check for $4,000 signed
by Charles G. Brown, cashier of the
First National bank, to insure the city
that the work of building the line
would be started within sixty days and
thus far the acceptance of the ordi-
nance was all right. But the bond
which was filed was not approved by
the Mayor yesterday and the managers
of the railway company are now trying
to fix matters up with the city and its
attorney to arrange for the acceptance
of the bonds.
Mayor German met Mr.. Simmons
and the men interested in the railway
Monday afternoon and the bond was
presented for his approval. The bond
was made out by Messrs. Patrick
Haynes and Gustav L. C1aussen and Z.
G. Simmons signified willin gness to
sign the bond if it would be acceptable
with his signature. The Mayor read
the bond through carefully and after
ward sent an electric current. through
the crowd by refusing to approve the
bond. In discussing the matter with
the railway men Mayor German stated
Simmons was perfectly good for the
amount of the bond but he could not
approve the bond on account Of the
fact that it was not in accordance to
the demands of the ordina nee The
reading of the ordinance as construed
by the Mayor was that the company
should furnish bond signed by some
reputable surety or guarantee conf
pany. German held that he fac that
Mr.. Simmons had signed the bota was
not a sufficient guarantee and ne re-
fused to approve it and the acceptance
is still in the balance.
Later the Mayor consented send
the bond with Mr.. Simmons as guar
antee to the City Attorney for his ex-
animation, and this was finally de-
cided upon. However, it is not
thought probable that the city will ac-
cept any private bond, but will hold
Haynes and C1ausen to the very word
ing Of the contract. Mr.. Arnold, in
speaking of the matter, stated that
they had construed the word security
in the ordinance as a noun and that he
considered Mr.. Simmons as good a Sc
curity as could be offered. He said
that the company was willing to get a
security company bond, but that the
time was very short for this to be done
in time to get an acceptance in ac-
cordance with the terms of the ordi-
nance.
In speaking of the matter this morn
ing Mayor German stated that he was
sorry to have to refuse to approve a
bond which Mr.. Simmons had ex-
pressed a Willingness to sign, but he
could not accept It under the, -provis-
ions of the franchise. Besides the
Mayor cited the fact that Mis- Sims
mons had not fled any schedule of
property to show that he was able to
secure the payment of the bond and on
this account the Mayor held that the
fact that Mr.. Simmons had consented
to sign the bond was not enough to in
sure the safety of the contract if it was
possible under the ordinance to accept
a private bond. Mayor German stated
that he was willing to accept the sig
nature of Mr.. Simmons for the $4,000
bond if it were possible, but he could
not in his position as guardian of the
interests of the city approve private
bond for SO large sum as $50, 900 even
when signed by Mr.. Simmons.
The position taken by Mr.. German
has been generally commented on
about the city this morning and many
of the leading lawyers held that the
action of the Mayor under the circum-
stances is perfectly right. The read
ing Of the ordinance on this point is
clear and the attorneys hold that moth
ing but bond furnished by a reputa-
bic surety company will carry out the
conditions of the contract of the city
and the company.
John G. Slater, who drew the ordi-
nance, was seen this afternoon, and in
speaking of the matter he said that as
far as he was concerned if it was
possible to accept the bond signed by
Mr.. Simmons he would be willing to
do so, but under the reading of the or
dinance he did not see how this could
be done. Mr.. Slater stated that in
writing the ordinance it was the inten-
ton Of the makers to have the bonds
furnis aed by security company, and
he held that as far as he could see that
was the only construction that could
be placed upon the wording of the
ordinance.
This afternoon the bonds were re-
ferred to Attorney Slater, and in the
meantime Mr.. Simmons had added his