The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1908-08-13
Sidewalk Ordinance To Be Placed
Under Fire in Courts of City
and State at Once
CLAIM ORDINANCE is VOID.
Property Owners Assert that Action of
Council in Not Following the
Provisions Of Law Destroy.
ed it's Validity

The famous Kenosha sidewalk ordi
BILE for the Common Council since it's
enactment three years ago, is to be
given test in the courts of the county
and possibly of the state as attorneys
have been engaged to test the legality
of the ordinance. The fight is to- be in
stituted against any action on the part
of the city to remove tree from one
of the walks in the Second ward. The
tree is on the property Of +. j.. Gott-
fredson and the Council has demanded
its removal by the contractor who built
the walk. A similar demand has been.
made in regard to the tree in the walk
along the property owned by the Kim
ball estate on South street and in both
cases the property owners have served
notice on the contractors not to remove
the trees. It will probably be up to-
the city to either force the compliance.
with the ordinance or else allow the
trees to grow unmolested.
The claim that is advanced by the
property owners who are opposed to
the cutting down of the trees is that.
the Council itself has repeatedly per-.
mitted violations Of the. ordinances
and that the action Of the Council in
this way has invalidated the ordinance.
The property, owners claim that the
Council has Disseminated in some cases
in regard to the manner in which the
ordinance should be enforced and that
this will make it necessary for all PEG
pie to be treated alike. It is claimed
that walks have been laid in many
parts Of the city which are not strictly
in keeping with the grades established
by the city and that these violations of
the ordinance have been winked at by
city officials as well as by members Of
the Council.
There is little doubt but that the
city will be ready to make an elaborate
defense for the sidewalk ordinance and
the attorney for the city has given his
opinion that the ordinance can be en-
forced. The men who are backing the
fight against the ordinance are men
who are not liable to lay down in the
! fight and a long course of litigation is
| promised.
So many objections have been made
to some of the provisions Of the ordi-
nance and to the grades established by
the city that it has aleardy been sug-
gested to the Council that new ordi-
nance be passed correcting all the
faults of the present ordinance, but
this would take large amount Of time
and it is probable that property owners
would take advantage of the city and
put in walks in the meantime which
would not comply with the provisions
of either the present ordinance or the
new ordinance. There is one thing GER
tain and that is that if the property
| owners secure a verdict against the
ordinance there will be chaos in side
walk building in Kenosha for some
time to come. The records Of the city
are being closely Investigated by the
attorneys to find places where the Coun-
Gil or the city officials have permitted
the violation of the ordinance and it
| is SAID that quite number of such in
stances have been found.
The matter is pretty liable to come
up before the Council next Monday
evening The Council has threatened
to revoke the license Of one of the
contractors of the city and it is thought
that pending test of the ordinance
an action will be started to enjoin the
city from revoking the license.