The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1909-06-10
Council Defies Railroad Commits.
sion and Utility Law and Grants
Lighting System Franchise
COMPANY T0STAND THEFlGHT
Mayor Scholey Promptly Signs Ordi-
nance and Fight is Now up to the
Two Unanimous
Vote for Ordinance

! -@@
| The City Council OF Kenosha placed
itself in direct defiance of the Mlscon-
sin State Railroad Commission and the
public utility law of the state when
just after midnight this morning that
body passed an ordinance granting to
the Kenosha Electric Railway Com
pany a franchise to build and main
tain a plant in the city for municipal
lighting. The ordinance was passed
by unanimous vote after the city
kattorney, John G. Slater, had advised
the Council that it had no right to pass
| the ordinance until after the railway
company had secured certificate of
convenience and necessity from the
State Commission, but it was declared
1 by the members of the Council that
their action would open the way for
test of the publlc utilities act ia the
Supreme Court of the state and, as
the company to which the franchise
was granted was willing to accept it
with the understanding that it must
fight for it's rights before the Commits
sion and in the courts of the state,
the ordinance passed without opposi
ton or debate. Mayor Scholey at once
signed the ordinance and it will be-
come law upon its publication. The
manager of the company was present
when the ordinance was passed and de-
clared that his company was willing to
accept the franchise and ready to take
up the fight for its validity in court.
The action of the Council is in di-
Irect opposition to the public utilities
act as the Kenosha Gas and Electric
company a week ago last Friday
registered under the act and claims
the protection Of the State Railway
! Commission. It is declared by the
attorneys for the railway company that
the public utility law has never been
tested in the Supreme Court Of the
state and it is the purpose of these
men to carry the fight to the court
just as soon as possible. 1t is under
stood that the Kenosha Gas and Elec-
trio Company will contest every step
taken by the new company in their eff
fort to bullu competing plant. The
! fight promises to be one of state wide
interest as it will give the State Rail
road Commi a chance to establish
the constitutionality Of the public util-
tiles act and the amendments to it.
The passage of the ordinance was
not reached by the Council until near
l4y midnight and when the ordinance
had been given its final reading Attor
ney Slater stopped the calling of the
roll in order that he might give legal
opinion on the right Of the Council
to pass the ordinance and on the pow
ers which it would confer upon the
company. The attorney called the at
tention Of the Council to the provisions
Of the public utility act and the step
the Kenosha Gas and Electric Com
pany had taken in surrendering its
franchise to the city short time ago
and declared that this action, taken in
consideration with the law, removed
the right of the Council to pass any
other franchise without a certificate of
necessity and convenience from the
Estate Commission He referred to the
fact that some years ago when Haynes
and Clausen had asked the city for an
electric railway ordinance granting
them a franchise to build the Kenosha
line he had advised the Council that
it had no right to grant the franchise
and that his opinion had been upheld
by decisions of the Supreme Court.
he declared that the city lost nothing
by the passage of that franchise ordi-
nance and that he did not think the
city could lose anything by the pas
sage of the ordinance to the Kenosha
Electric Railway Company In con
Guiding he said, s'In my Judgment the
Council has no legal right to pass this
ordinance, but the matter will be one
for the railway company to take up
and the city will not be called upon
to fight the battles of the company.
Manager Loughridge of the railway
company appeared before, the Council
and stated that the railway company
was willing to accept the ordinance
with this understanding. He stated
that the officials of his company recog-
nized the fact that the fight was a
fight between two corporations and that
they were prepared to take up the
| fight and carry it out and would also
give a bond to prevent the city losing
lanything through any litigation which
might follow. He intimated that the
attorneys for tie company had assured
f&L off al that ordinonao ruo1T11