The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1910-05-19
Water Commissioners Ask to
Have Legal" Commissions
er Succeed Alderman
QTHGR OFFICIALS IN DANGER
Commissioners Send Council an Opinion
in Regard to Aldermen Holding
Other Offices Which May Result in
Changes Being Mades

Members of the board of water COM
missioners are contesting the right OF
George W. Higley, member of the
common council from the Fourth ward
to sit as a member of the board of
water commissioners alleging that his
sitting in such capacity is directly in
violation of the state laws and 1t is
claimed that the board will not be
able to do any further business until
the right Of the alderman to sit on.
the board has been established or the
council has elected some other MAJ in
his place. The matter was laid be-
fore the council in an informal way
on Monday night when former Mayor
German submitting an opinion written
by Cavanagh and Barnes, acting as
attorneys for the commission, demand
ed that the council name a illegal"
member of the board. The name of
the alderman was not mentioned in the
communication to the mayor or during
the proceedings of the council, but it
was evident from the statements made
that it was his position that is being
assaulted by the members of the COM
mission The law which it is claim
cd is being violated by Alderman Hig-
ley remaining a member of che board
is Chapter No. 437 of the Laws of
1909 and the matter of looking into
the laws was referred to the city at
torney and he was directed to give the
council an yyiAioA on the statute as
it relates to the holding of the Office
by Alderman Higley by the next meet
ing of the council The law reads as
follows:
''Thero is added to the statutes a
new section to read Section 4549T.'
No officer or employee of the state, vii
lage or county board shall during the
term for which he is elected, be ap-
pointed or elected to any office or
position which has been created by,
or the election or appointment to
which is vested in, such city council,
or in such town, village, or county
board
Section g This act shall take eff
feet and be in force from and after its
passage and publication,
Approved June Is, 1909. Published
June is, 1909"
The right of Alderman Higley to sit
on the board has been questioned by
several people who have had business
relations with the water board and
this led the members of the board to
lay the matter before the common
council. The council elected Alder
man Higley after this act went into
force and the opinion of Cavanagh and
Barnes was that under the strict inter
probation of the law Mr. Higley could
not hold the office of water commits
sioner.
1t is pretty certain that the enforce
ment of the law will hit other officials
of the city. Alderman N. j. Werner
who is making the best poormaster
that the city has had in years can not
under this law hold the office to which
the council recently elected him. 1t
is also claimed that the law NAV af-
feet the right of City Engineer Robert
ii. Moth to hold the office Of super
intendent of the Kenosha CITY Water
Company. The law is certain to cause
bitter fight on the council and some
OF the aldermen have already announc-
ed their intention of paying no attcn-
tion to the carrying out of it. 1t is
just possible that the members of the
board of water commissioners will de-
cline to recognize Alderman Higley as
a member of the board and will de-
cline to participate in any meeting at
which he is present. The attorneys
for the water company have notified
them that the election Of the alder
man was void and Of no effect end
that they have no right to regard
him as a member Of the board The
other two members of the board make
up the majority and it would be pos
siole for them to keep the affairs Of
the board moving without recognizing
any claims that the aldermanic com
missioner might make to membership.
The alderman himself has made no
statement as to what course he win
pursue. None of the other officials
have made any statement as to their
future course and it is probable that
their actions will be governed largely