The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1901-05-23

A summons and complaint in a suit
of great import to the people of Keno
sha and to the people of other cities
doing business under the general
charter law, has been filed with the
City Clerk by Emma L. VanIngen,
who names the City of Kenosha, the
County of Kenosha, and Flora Orvis,
of Waukegan, defendants.
The suit marks the opening of the
| fight to determine whether or not the
Common Councils of cities acting
under the general charter law, has the
right to make special assessments
against property for gas, water and
sewer mains laid without the consent
of the property owners.
The effect of the suit will be far
reaching in many of the leading cities
of Wisconsin, and a successful tern11-
nation of this action will open the way
for the fling of hundreds and perhaps
thousands of small suits against cities
to recover taxes charged to property
in the way of special assessments.
The City Clerk acknowledged service
of the summons, and it is possible that
the case will come up for hearing in
the coming June term of the Circuit
court.
Peter Fisher, of this city, is the at
torney for Mrs. VanIngen, and Kear-
ney & Thompson, of Racine, have
been retained as Counsel for the &C
ton. The summons in the important
action is a long one, and recites at
length the conditions leading up to the
making of the special assessments.
After the preliminary citations the
summons goes into the nature of the
action of the Council in adopting the
various clauses of the General Charter
law, and shows that the Council had
no power to adopt the clauses, but
further goes to show that the clauses
were unconstitutional as adopted, and
hence the City had no right to levy
the assessments.
In referring to the constitutionality
of the sections adopted the complaint
says, "That all and singular said sec
ton 267 of the charter 326 of the laws
of 1889, and section y of chapter 81
of the laws of 1893 and section 1 Of
Chapter 800 of the laws of 1895 ant
section o26 of the revised statutes Of
1898, were and are contrary to section
81 of article of the Constitution Of
the State of Wisconsin, and void, II
that they are attempts on the part Oh
the Legislature of the State Of Wis
consin to authorize the Common Coun
ellis of separate and independent cities
to amend existing special charters BY
the adoption of any sub-chapter, sec
ton or subsection of the general City
Charter Law, which proceeding the
Legislature itself is prohibited from
attempting under and by virtue of the
provisions of the section referred to-
The complaint further alleges il
connection with the above paragraph
of the complaint that all the various
attempts of the City of Kenosha tc
improve and amend it's special charter
by the adoption of new methods fol-
carving on street improvements, and
| the levy and collection of taxes for
this purpose were and are invalid for
the reason that they failed to adopt
material provisions of the General City
| Charter law, which materially affected
the provisions adopted, and for the
further reason that the provisions
adopted were not complete IN them
selves, but were modified.
The complaint then rehearses the
history of the paving of South Main
street in 1899 and shows that the con-
nections were ordered by the city and
that the plaintiff in the action had no
use for the connections, as her property
was already completely supplied with
all sewer, water and gas connections.
The complaint declares that no grade
for the street was established IN COM
p1iance with the law and that for this
and other reasons the plaintiff refused
to construct the connections as ordered.
That these connections were made by
independent companies without having
filed with the City Clerk or the Board
of Public Works specifications and
plans for the same showing their To-
cation and the material from which
they are to be constructed as required
by the law.
The complaint states that the con-
nections were made by the Kenosha
Gas and Electric Co. at cost of $40
and that the bill was turned over to
city for collection.