The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1909-05-20
Supreme Courts Modified De.
cision Complete Victory for
Haynes and CIaussen
PROMOTERS TO GET MONEY
Circuit Court is Directed to Determine
What Portion Of the Lines
Was Put in by Form
er Company

The modified decision Of the Supreme
Court OF Wisconsin in the suit Of Pat
rick L. Haynes and Gustav Il. Claus
sen VS.. The Kenosha Electric Railway
Company, was filed with the clerk Of
the Circuit Court this morning and it
comes as big victory for the pro-
moters Of the so-ealled Doodle
Franchise" ordinance. Under the ord
er of the court the lines Of the com
pany or at least part of them may
be sold to pay the Indebtedness of the
former company to the promoters.
This Indebtedness must be determined
by the Circuit Court and this court
is given the right to implead such
other defendants as may be necessary
for the untangling of the difficulties be.
tween the promoters and the company
The decision came as a great surprise
to people who had watched the case as
these people seemed to be convinced
that the promoters could never recover
on the bonds held by them against the
company.
The decision Of the court follows:
1t is written by Judge Barnes.
:" a motion for rehearing is filed
in this case in which the court is
asked to be more specific in its designa-
ton of the property which is to be
subjected to the lien Of the mortgage,
sought to be foreclosed.
"Tie practical difficulty in making
a severance Of the property now operat-
ed by the Kenosha Electric Railway
Company seems almost unsurmountable
and if severance were made the plain
lifts might receive very little on a
sale of the property. Besides the in
terest Of the public having street car
service maintained, is important and
should not be overlooked. On the
other hand, it did not seem to be
equitable to the defendant the Keno
sha Electric Railway Company, under
the circumstances, to declare the mort
gage q lien on it's entire road, regard
less of the value to it of the work done
and materials supplied by the former
company. This being a proceeding in
q court Of equity, it is within the
power Of the court to dispose Of the
case on equitable consideration.
g A former mandate is modified in the
following particulars: The Circuit Court
is directed to ascertain the fair and
reasonable value to the Kenosha Elec-
trio Railway Company of the work
done and materials furnished by the
Kenosha Street Railway company and
the Arnold Electric Power Station
Company, the benefit Of which was
used and appropriated by said Keno
sha Electric Railway. Company. Said
Circuit Court is further directed to de-
clare the Indebtedness found to be due
said plaintiffs upon the bonds and
mortgage sued upon a lien upon the
real property Of the Kenosha Electric
Railway Company, to the amount Of
the value so found and no more, which
lien shall. be prior to any lien original
ing against said property subsequent
to the recording of the mortgage sought
to be Ioreclosed in this action, and to
satisfy which a sale Of the property
should be ordered and directed. IF
it is essential to bring IN other neees-
sary parties 50 that they may be con
cluded by the judgment, the court will
make the necessary order requiring
such parties to be made defendants in
the action.
By the court it is so ordered. =