The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1909-04-22
Property Owners on Market St.
Serve Notice They Will Pro.
test Payment for the Work
WANT RAILWAY TO DO WORK
Property Owners Declare That They
Will Not Pay for More Than Seven
Feet of the Paving of the
Street at This Time

IAC uSHG IL ItSdIu W IuG paving u
Market street west of the tracks Of the
Northwestern Railway Company is on
in earnest and the first papers in the
battle were served on City Clerk Har-
rington on Monday afternoon when
Marshall F. Barber, one Of the larger
property owners on the street served
notice on the mayor, city clerk and
the Common Council that he would not
pay for more than seven feet of paw
ing on the street. This notice is bas-
ed on the agreement made between A.
G. Frost and the property owners be-
fore the contract for the paving of
the street was let and this agreement
provided that the railway company
should lay double track on the street
west of West Main street and should
pay for the right of laying the double
track by paying for twenty feet Of
the pavement. This would leave seven
feet to be paid for by the property
owners on either side of the street.
Mumblings Of discomfort have been
heard in regard to the paving of the
street since Frost sold out his inter
ests without carrying out his express
ed contract with the people to pay
for this portion Of the paving. The
matter was repeatedly taken up with
Frost after the first delay in the com
ple5ion of the work and he repeatedly
expressed willingness to carry out the
contract, but insisted that his financial
condition was such that he could not
do the work at the time demanded by
the Council. Under the franchise ordi-
nance of the company it would be fore
ed to pay for the paving of sixteen
feet if double track were laid and
seven feet if the single track remains
unmolested. The officials Of the new
company have signifed no intention of
putting in a double track on the street
and in fact it is understood that their
plan for operation will not demand the
use of double track. IF the proper
ty owners protest against the compile
ton Of the work with the understand
ing that the work is to be paid for by
them it is probable that there will be a
long delay over the paving Of the
street and the work may go
over for another year. AS yet Mr..
Barber is the only property owner to
file formal protest, but it is declared
that several of the property owners
hold that they are not financially able
to provide funds for the paving of the
street without the aid promised by the
railway company. The city is in an
unusual position in the matter as it
has let regular contract with the idea
that the railway company would re
emburse the property owners in keep
| ing with the statement given by Frost
| to the property owners and should the
work continue it is just possible that
the city would be forced to pay a por-
ton of the cost Of paving the street.
| The railway company will undoubtedly
be asked by the new Council to take
up the matter and carry out the pledge
made to the property owners by Mr..
Frost and it is just possible that the
company will make this agreement
with the city and the property owners.
Work on the paving Of the street was
resumed this morning and the curb is
being reset to meet the demands of
the property owners.