The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1904-03-17
Says City Can't Grant a Fran
chise to Fondy Interurban
But Can Only Pass An
Ordinance
PROPOSED CHANGES ARE ILLEGAL
Board of Alderman cannot compel
road to bear expenses Of build
ina or repairing bridges
company could practically
force entrance

Only seven alderman were present
last Monday evening when the matter
of the Fond du Lac and Northwestern
Interurban franchise was to have come
before the council They were Messrs
Bigel. Mulholland Willert, Miller
Tomchek, Stolze and Lorenzen. Mayor
Kemper, City Clerk Reichert and City
Attorney Schmitz were also present.
Ex-senator j. e. McMullen of Chiffon,
and w. H. Phillips, of Fond du Lac,
were on hand to represent the interests
of the company. Thomas Torrison and
Michael Dempsey were present for q
while in the interests of the property
owners in the vicinity of the proposed
route.
As no quorum was present Mayor
Kemper suggested that an informal
meeting, to go through the franchise
be held The councilmen accordingly
got together with Mr.. McMullen and
looked over the proposed franchise,
clause by clause. A committe, of
the council had previously, it will be
remembered, drawn up an amended
franchise. This document was in evi-
dence together with the original sub
mitted by the companys attorneys.
1t was plain after very little discus
sion that the city officials, in drawing mp
,heir amendments to the franchise, had
not been accurately informed on the
legal status of n number of things tney
wished inserted Attorney McMnllen
laid down the law with regard to GER
tain points showing that the city had
very few rights in the matter other than
that of indicating the streets upon
which the tracks could be laid and that
of ordinary police regulation. 1t was
learned for the first time that II number
of the city's most important demands
woull have to be vacated because they
were illegal
In the first place Mr.. McMullen in
formed the aldermen that the city had
no power to grant franchise to the
company. The franchise had already
been granted by the state. All the city
could do was to pass an ordinance with
regard to the ordinary police resula-
tions Of the company. The document
which had been submitted to it was not
a form of franchise but was simply a
form of an ordinance. The city. said
Mr.. McMullen, had no power to make
the company bear any of the expense of
maintaining, repairing OF strengthen
ing Tenth Street bridge, for instance.
The city could not PASS an ordinance
compelling the company toal.ow even
members of the police and fire depart
ments to ride free; though. with regard
to this point Mr.. McMulen stated that
the company was quite willing to make
private satisfactory arrangements with
the city. The city indeed had no right
to refuse to let the company enter it,
If the city should refuse, the company
could bring mandamus proceedings
against it to compel it to show cause
why it should not lei the COM any in
The city, moreover, had no right to
regulate the time table of the com
pany though the latter would have t.
submit reasonable schedule to the city
council. Mr.. McMullen stated that the
cars of tae company were expected to
run at the rate of about % miles an
hour and thar car would start at each
end OF the line at six O'Clock in the
morning.
Regarding the number of years the
ordinance was to run, which the
councils COMMITTEES had cut from 4j to
to 35, Mr. McMulen stated that all
other cities had granted the former
number and that it was on this bl si-
that the bonds Of the company had been
issued He said that if the city still
held to - years it would entail the
hardship on the company of having 10
make an entirely new deal with the
bond underwriters. This would neces-
state going TO New York and expend-
ing considerable money and valuable
time. He urged that the council adopt
the same period as the other munci
palities
In response to II request from Alder
man Mulholland, Mr. McMullen ex.