The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1900-01-25
COMPANY WILL FIGHT
Reported That the Old Railway Fight
In This City win Be Brought
Up Again.
TO BE HEARD AT MARCH TERM

representatives of the Milwaukee Com
pany Come to Kenosha and Arrange to
Collect Evidence to overbalance the
Claims of the CtEizens.-Judge Ludwig Of
Milwaukee Gives the Railway Company a
Severe Rebuke and Turns the Franchise.
1t is reported this morning that the
Milwaukee Light and Electric Railway
company will make an effort to use the
rights granted to them by an alleged
franchise passed under the last Re
publican city administration and that
the old fight between the city and the
company is to be reopened at once.
For some time the company have been
feeling the pulse of the city as to the
condition of the aldermen in regard to
giving away valuable privileges to
corporations and the result of this ex-
animation has not given the company
any encouragement to try for new
franchise. On this account the COM
pany have decided to open the old sore
and seek through the courts to get a
hold on the streets of Kenosha. For
the past few days Milwaukee attorneys
have been in the city examining all the
papers filed in the much discussed case
and examining into the evidence which
will be produced by the city to prove
the facts stated in their reply to the
injunction brought by the company
last Spring. It is said that it is the
purpose of the company to bring the
matter mp for trial at the next term of
the circuit court. The action of the
company has been closely watched by
Attorney Bohmrich and he is ready to
make a fight for the city.
| 1t is barely possible that the company
will adopt new tactics, but the city
attorney is ready to meet all possible
lodges which may be advanced by the
company. 1t is stated that one of the
officials of the company made the state
ment that cars would be running
through Kenosha by the first of May
and if such proves to be the fact the
aldermen should see that the city is on
better financial footing than it is at
present.
Judge Ludwig delivered the company
bad body blow yesterday when he
turned down the franchise recently
passed by the Milwaukee City Council
extending the rights of the Milwaukee
company in that city. The case in
question is nearly a parallel case with
the one in Kenosha. The Judge held
that the franchise granted by the
alderman was invalid on account of the
fact that amendments which practi-
ca11y changed the rights granted in the
franchise were made before the passage
of the ordinance and that these amend
ments were not in accordance with the
law.
This is one of the causes alleged by
the city attorney in his answer to the
injunction suit brought by the Mil
waukee company to force the city coun-
Gil of this city to recognize the rights
granted in this city and the decision
will undoubtedly be of great weight if
the Kenosha case comes to trial as is
now expected.
In connection with the turning down
of the franchise Judge Ludwig held
that the Mayor, City Clerk and a al
dermen of the city of Milwaukee were
in contempt and that he would with
hold the decision as to the punishment
of the guilty parties until it had been
determined whether the contempt was
a technical or criminal one.
The Milwaukee case will probably be
appealed to the supreme court at once.