Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1904-05-21
RAILWAY AT COURT
Motion to Set Aside Filing Order
in Quo Warranto Against
Tri.City Company
HEARD BY JUDGE GRAVES
Jury ImpanelIed to Try BeardsIey
Mandamus Suit-TwO
Divorces.

Divorces.
The morning session of the circuit
court was occupied with hearing a
the order granting leave to file in the
quo warrantO proceeding IN which S.
r. Kenworthy is relator against the
Tri-City Railway company, whose
franchises in the city of Rock Island
are held to be illegal.
The action was commenced by H. \.
Weld, the states attorney. to whom per-
mission for the filing of the bill was
given. Strict adherence to rules gov
erning proceedings of this character,
it is contended, entitled the defense
to be heard before the leave to file
was entered, but this privilege was
not had.
Therefore the street railway COM
pany is asking Judge f. c. Graves to
set aside the order. Appearing for
the relator are himself and j. T. Ken
worthy and States Attorney Weld.
while for the defense there are Jack
son. Hurst & Stafford and Searle q
Marshall.
In the event of the court ruling ia
vOrably TO the defendant. the petit
toner would be obliged next to bring
his action to higher tribunal
Two Freed From Husbands.
Mrs. Emma c. Reticker, of this city,
was granted divorce from Henry F.
Ratinl-n,.
cruelty and non-support were alleged.
The couple were married in this city
July ,, 1888. On one occasion the
plaintiff stated she furnished him
money with which to take the Kelley
cure, but the treatment was not eff
fective. She was allowed the custody
of her three children: Hugo. 10; Ruth,
-, and Edward. s.
Mrs. Alice Bradley, also of this city,
was freed of her matrimonial bonds
with Hiram Bradley, who deserted he1
April 10, 1902. They were welded
Sept. "a. 1901. The plaintiff was al
lowed to resume her maiden name,
Alice Appleby.
Msndamus Case is UD.
y jury was impaneled yesterday af-
ternCon to try the mandamus suit of
J. NJ. Beardsley against the Davenport,
Rock Island d Northwestern Railway
company and the city Of Rock Island
to compel the removal of the paSsen-
ger and freight depots of the rail
road from Mississippi street. or First
avenue, as it is now known, on the
grounds that the depots are an OBJ
STTnn1inn a 1Ill,IIn ~
said there was pending settlement
between the litigants. and that the
jury had been called simply to deter
mine questions of fact on which the
parties were unable to agree. but this
is cmphatically denied. The attor-
neYs for the railroad company declare
they are prepared to fight the pro-
ceeding to the end on its merits be-
fore the courts. The city is made =
defendant by reason of the council
having passed an ordinance giving the
right to the company to build the de-
pots in their present location.
City Attorney j. X. Scott is assist
ing counsel for the railroad, Sweeney
d Walker. of this city, and Lane d
Waterman, Of Davenport. Kenworthy
d kenwOrthy represent the plaintiff
The case is based on a ruling of the
supreme court in reference 10 prop
erty further west on First avenue that
the fee in Mississippi street to the
middle of the river rests i'm the own
ers of the property facing on the ave
nue.. The city permitted the company
to build its depots and lay its tracks
on payment of certain sum and on
condition that Il new railroad bridge
would be constructed across the river
and that its improvement would be
of high order. The company holds
that it has fulfilled to the letter its
contract with the municipality and
that the latter is therefore estopped
from failure to protect it in the en-
joyment of the privileges provided in
the ordinance of the council. City At
torney Scott admits the tenability OF
the railroad cOmpany's position. and
has accordingly set to work to assist
in defending the suit. Trial of the
case was adjourned yesterday after
noon to Monday.