Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1905-03-25
SUPREME COURT DECISION.
The Following is the Full Text of the
Decision in the Wauwatosa Street
Railway Franchise Matter.


State of Wisconsih-In supreme Court
State Of Wisconsin OK rel Henry
I4eisk. ct nj. appellants. vs.. the Com
mon Council of the City Of Wauwatosa
ct al, respondents.
1t appears from the records that Dc
tober 6, 1903 a petition purporting to
lie signed by $50 citizens. voters and
taxpayers Of the defendant city, was
presented to the common council of that
city. praying them to submit to direct
vote Of all the voters of that city the
ordinance which had been granted by
them. August /. 1903, 10 the defendant
Milwaukee Light Heat and Traction
Company. as prescribed by chapter 3S1
laws of 1903. After reference of the
same to the judiciary committee and
city attorney and report thereon from
Them the common council denied the pc
tition Thereupon and on November l.,
1903. the REALTORS filed their petition Tor
il writ of mandamus to compel such sub
mission TO the alternative writ of man
damus issued thereon, the common conn-
Gil and the other defendants made return
which was traversed by the reply of the
REALTORS The issue thus joined having
been tried. the court at the close there
Of. found as matters of fact. in effect
a. That August 4. 1903 the city OF
WauwatoSa was and mt all times therein
mentioned. had been municipality duly
organized and existing under and pur-
suant to the laws of Wisconsin aud had
been city comprising within its boun-
daries the same territory which from
1882 to its incorpora ton as the city OF
WauwatOSa in 1897. had been village
corporation under the name of the VII
lage of Wauwatosa. and that prior TO its
4 II
tory within the boundaries of said VII
lage. and thereafter within the bound
aries of said city, had formed part
OF the territory of the town of
Wauwatosa. ca That the REALTORS
AT all the times mentioned III
their petition. We're citizens voters ana
tax payers OF the said city, as alleged IN
said petition. 81 That the Milwaukee
Light, Heat and Traction company, sub
Seuupnt to its incorporation IN IS36 ana
particularly on August !, 1908, was and
had been Il street railway corporation
duly organized ana existing under the
laws of Wisconsin. ca That on ani
continuously for period OF several years
prior to August /. 1903, there was and
had been constructed and in operation III
the said city a street railway on and
along lines: one known as the north or
pabst Avenue line. which during all Of
said times was and had been constructed
and operated on and along Pabst avenue,
Third avenue and North Main street to
a point near the West Main street bridge
crossing the MenomOnee river in said
city. and another spoken of as the south
or Wells street line, which during all of
said times was and had been constructed
on and along Wells street. Fifty-niuth
street. Motor avenue. thence to West
Main street at point near the
westerly end of the West Main
L..
nee river, thence along West Main and
Chestnut streets to the west boundary of
said city. ana that the said Wells and
Walnut street lines at all of said times
constituted the only street railway con-
structed or operated in said city. 90
That August /, 1903, and for several
years prior thereto the said railways OPP
Grated on the aforesaid lines and streets
IN said city were owned by the defendant.
Milwaukee Light, Heat and Traction
sfolnpany, and during all of said times
and on August 4. 1903, the said street
railways being all street railways then
constructed or operated in the city Of
WauWatoSa, We're operated under single
management from the same power plants,
an1 during all of said times and on Au-
gust !. 1903. all the street railways eX-
listed, constituted and were operated as
cle system of street railways in said
city, with transfer privileges given, ac-
cepted and used by means of which pas
scngers were transported from any street
crossing point on any portion of said
lines to any other street crossing point on
any other portion of said lines within
said city for a single fare. and un-
der franchise granted and consent
ed TO by the municipal authorities having
jurisdiction for the granting of or con
Senting TO such privileges in the territory
which on August /, 1903, was com
prised within the boundaries of said city,
and that all the said francise rights and
privileges under which said street rail
way system was owned. existed and
operated on August +. 1903. prior to and
at the time of the passage Of said ordi
nance Of chat day. were by the express
terms thereof limited to expire on May
IL, 1911. 90 That August /. 1908. the
city Of Wauwatosa by an ordinance of
its common council, granted to the Mil
waukee Light. Heat and Traction COM
pany, the right. permission and author
ity to extend it's existing line and system
in the City Of Wauwatosa, upon certain
streets and highways in said city. named
conditions in said ordinance mentioned.
and to operate thereon in connection
with and as Il part of its existing line
and system its street railway until May
IL, 1911: and that said ordinance grant
ing to said street railway company the
Ii2ht To PNltHu It's SiiI me ana system
in said city, was duly passed by said
common council August 4, 1903. aud ap-
proved by the defendant Emerson H.
Hoyt aS mayor of said city. ON fhe same
day. and thereafter published as required
by law in the official paper of said city,
and OH September L. 1903. the same was
accepted in writing lay the Milwaukee
Light. Heat and Traction Company. "a
That September %. 1903 number Of
the qualified voters of said city. equal 10
twenty per cent and more Of the total
number If votes east AT the last proceed
ing election in said city, demanded that
the ordinance 50 passed On August l.
1903. be submitted To "A direct vote Of
all the waters Of said city: that the pa-
perS containing the demand for such di-
rect vote were filed with the city clerk
on September -. 1903. and that each
Signtr Of said paper wrote thereon his
occupation and residences af,cr his sig
nature, and that the Lenuinene>S of each
Sianer was affirmed ny the affidavit of a