The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1910-02-24

council had no right to grant it any
franchise whatever and that therefore
any attempt to grant franchise was
without authority Of law" The
whole gist of the decision handed
down by Judge Belden is contained
in the one clause. 'TThat failure to
obtain such certificate Of public con-
venience and necessity is not mere
irregularity but an essential condition
precedent. The matter is a long
way from a settlement, however. The
hearing in the court here is but the
first of a long series of court. proceed
ings which will have to be gone
through with before the battle is lost
or won by either side and before the
fnis' is written to this case the
constitutionality of the public utili-
ties act will have to be passed upon
by the highest tribunal of the state.
The next move in the game on the
part Of the eelectric railway company
will probably be an appeal to the SUI
preme court. In case the decision of
Judge Belden is affirmed there then
the electric railway company must APP
ply to the state railway commission
for the certificate of necessity and
convenience. If that is granted the
company will then have to come to
the city council for another franchise
under which it can operate in this city
and which will give it a legal right
to the use of the streets. In the
present state of public feeling and the
widespread desire among the people
Of the city for competition in the
lighting business the company would
probably be able to obtain this fran
chise from the council without any
great difficulty and would then be
firmly established. So much for the
electric railways side Of the matter.
On the other hand supposing that the
decision of the Judge here is reversed
IN the supreme court the gas company
would thena proceed to take a fresh
start and try the case on it's merits
in this court, of course with the right
reserved to either side to appeal all
over again to the supreme court. This
brief outline of only a few of the
turns and twists which may be resort
ed to by the companies involved will
give some idea Of how far the case
really is from any final settlement.
Many of the people of the city do not
seem to understand the position of the
city in regard to all of these court pro-
ceedings. So far the city cannot be
said to be involved at all except in SO
far as the decision of the court may
affect the ability Of the street railway
company to carry out it's contracts to
supply lights. When the franchise
was granted the railway it was clear
ly understood by all parties interest
ed that the right of the city to take
any such action was questioned and
that in all probability the matter
would have to be settled by the courts
and the city assumed no responsibility
either financially or morally for any
investment made by the railway com
pany under the franchise granted by
the council under which it is now do
ing business. The railway people
went into this agreement with their
eyes open and took their own chances
of losing on their investment. Pre-
sumably they knew what they were
doing and had estimated their chances
of winning in the legal battle they
knew was coming AS Manager
Loughridge put it the matter is IN
to the company's lawyers, and none
of the blame for the outcome of any
legal battle can rest on the city.