The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1900-08-02
ASKS FOR |NJUNCTI
Mrs. Mary Hale Allen Brings Suit
Against Haynes, CIausen and Ar
mold to Stop Acceptance.
SHE ALLEGES MANY DEFECTS.
Summons and Complaint in the Proceed
1ngs served Upon Mr.. Clausen-Wil1
Be Heard Within Twenty Days.

The approval of the street railway
bond seems to be only one of the many
troubles of B. ]. Arnold and his CO.
workers in Kenosha, as late Thursday
afternoon Mrs. Mary Hale Allen filed
a suit demanding that the court issue
an injunction to prevent Messrs.
Haynes and C1ausen from either &C
cepting the franchise or building the
line. The summons and complaint in
the suit were turned over to the sheriff
yesterday afternoon and was served on
Mr.. C1ausen before he left town last
evening. In the complaint the plaintiff,
who is represented by her attorney, ].
G. Slater, alleges that she is the owner
of large and costly dwelling house
on the route of the proposed line and
that the building of the road will cause
the property to diminish in value in
manner that can not be recompensed
with money.
II the complaint Mrs. Allen alleges
many defects in the ordinance. She
cites that the men behind the ord1-
nance are non-residents, that they
never filed any application for the
passage of the ordinance with the City
Clerk as provided by law, and that no
such application was ever published in
the official paper of the city.
| Further the plaintiff holds that the
city had no right to'pass the ordinance
on account of the fact that it allowed
! the company to make a selection of
routes, and that it granted them use of
streets contrary to the wishes of a
minority of thesproperty owners, and
| that the said ordinance claims the
right to build the road against the will
! of the plaintiff in the action.
The complaint cites that the con-
struction of 5the road will irreparably
impair the va1ueSof her" property, and
that the shade trees on the street in
front of her. house will be so cut in
putting in overhead wires that the
damage resulting Ccou1d not be COM
pensated with money. Further, that
the line contemplated is not TO be an
electric street railway, but only part
of a commercial railway between the
city of Kenosha and the city of Chi
cago.
That the citys had'no right to pass
such a franchise and that on the face
of it the franchise is invalid.
| The complaint further provides that
should any other citizen desire to be-
come a party to the suit this may be
done according to the rules of equity,
as the suit is brought in behalf of not
only Mrs. Allen, but in behalf of all
people affected by the construction
and operation of the line.
The complaint also alleges that the
parties named as defendants are not
pecuniari1y responsible and that they
own no property in this state.
In conclusion the complaint prays
that an injunction be issued against
the defendants enjoining them from
the acceptance of the franchise and
against laying any track on Ashland
avenue, South street or Chicago
street, and that the franchise be de-
c1ared invalid by the court.
The hearing on the injunction will
be held Jas soon Fas possible, and, &C.
cording to the complaint, the defend
ants must file their answer within
twenty days. The suit of Mrs. Allen
was not an unexpected one and it is
probable that the suit will come into
the courts in a much shorter time.