The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-05-13
COURT HEARS ARGUMENTS.

g
Resolved by the board of Aldermen
that the city attorney is hereby directed
to institute and prosecute on behalf Of
the city of Manitowoc a suit or action to
prevent the Manitowoc q Northern
Traction Company from charging fare
of more than ten cents for carrying
passenger from Mauitowoc to Two Riv-
ers and from Two Rivers to Manitowoc,
and also from loading, unloading and
hauling freight cars or cars for freight
upon the tracks within the limits of the
city of Manitowoc.
Pursuant to the above resolution City
Attorney A. L. Hougen has instituted
proceedings against the Traction Com.
pany and last Thursday evening an in
junction and restraining order was is
sued by Court Commissioner H. l..
Markham and served on Thomas Higgins,
president of the company, restraining
the said company from charging fare
of fifteen cents for carrying passenger
from Manitowoc to Two Rivers, or from
Two Rivers to Mantowoc, and also from
hauling freight cars on the tracks with
in the limits of Mantowoc city. The
papers were served by Sheriff Willinger.
The officers of the Traction company
obeyed the orders of the court and on
Friday morning instructed conductors
to collect a fare of ten cents only.
On Friday the traction company
secured an order from Court Commits.
sioner j. 5. Anderson II compel the city
to show cause why the INDUCTION should
not be dissolved. The matter was ar
gued Saturday afternoon before Judge
kirwan and was taken under advise
ment by the court.
The section of the franchise, which the
city alleges has been disregarded and
repudiated by the street car company in
raising the fare to - cents between
Mantowoc and Two Rivers stipulates
that the fare shall be ten cents The
section reads as follows;
"The said city may regulate the tariff
to be charged by the said grantee, its
successors and assigns, for riding upon
said railway, provided that the said
grantee its successors and assigns, shall
not be required to carry or convey pas
senSers for less than five cents for one
trip within the limits of said city, re.
,,ardless OF th- distance covered. or travei-
ed upon such trip, but trip shall not
be construed to mean round trip or
return trip.
Provided, however, that for all special
occasions, such special rates may be
charged as may be agreed upon by the
parties concerned; but no special char
ters or agreements shall supersede or in
terfere with the regular operation of
cars according to the established sched-
ule.
Provided further that said grantee
shall sell to all purchasers twenty four
tickets for one dollar, each ticket to be
good for one ride.
The tariffs or fees which are permitted
to be collected by This section are SO per.
mitted ia consideration in part of the
agreement hereby entered into by said
grantee, its successors and assigns, TO
build and equip a railway from the city
Of Manitowoc to the city of Two Rivers,
Wisconsin, and operate cars upon such
interurban line according to a time
schedule having an interval not exceed
ing one hour between cars and carrying
any point on the line of said railway in
either Of said cities directly and con-
tinuously to any point on said line in
the other of said cities Cars shall be
operated within the city and also upon
said interurban line according to such
time schedules from seven clock A. M.
to ten o'clock P. NJ. of each day. Pro
vided, however, that from seven o'clock
until nine o'clock in the morning and
from half past eight o'clock until ten
o'clock in the evening such time sched
ules need not be strictly followed, but
shall be followed as nearly as the patron.
age offered will Justify.
Provided further, that whenever, and
so long as the Board of Aldermen of the
city of Manitowoc shall so require by
resolution. one car shall start at the city
of Two Rivers FOR the city of Manito
voc, and one car shall start at the city
of Manitowoc for the city of Two Rivers
every week day morning early enough
to enable it to reach the city of destina
tion not later than six o'clock and forty
five minutes A. Nj.
The argument of the city attorney was
along the lines Of the provisions of the
franchise. He contends that the Trac.
tion Company having accepted fran
chise which provided for ten cent fare
on the interurbaE line is estopped during
the life of the franchise (3j years. from
charging any other fare that the ten
cent fare must remain in force until
some authority, the court or railroad
commission has declared il unreasonable
and has fixed new fare; that the Trac.
tion Co. has not surrendered its fran
chise and is therefore bound by it's pro.
visions
The attorneys for the Traction Com.
many contend that the cOmpany. 40 far