The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1911-02-16
ATTORNEYS TALK TILL DARK
Commission Takes Question UNDER
Amusement and Report on Applica-
ton is Expected Within the Next
Few Weeks.

The final fight over the question of
the issue of certificate of necessity and
convenience for second lighting sys-
| tenn In Kenosha closed before the Rail-
road Commission at Madison at six
O'Clock Saturday evening when the
/ three commissioners announced that
the question would be taken under ad-
visement and that decision would be
| handed down just as soon as possible.
In the final fight before the commits
sion the attorneys spent nearly q
whole day in wrangling. The most i'm
portant feature of the day was the
| fact that r. n. Kimball of the Ken
osha Gas and Electric company took
the stand to testify against the evil
dence of fraud in connection with the
suppression Of the Kenosha Union.
Kimball got to the stand only after
there had been most strenuous objec-
!, tions on the part of the attorneys for
the Kenosha Electric Railway company
who declared that the evidence in the
case had been closed. After hearing
the argument the Commission announc-
ed that it desired all possible evidence
in the case and Kimball was ordered to
take the stand and tell what he knew.
| The testimony was short, Manager
Kimball simply declaring that he had
known nothing about the sale of the
| Kenosha Union to Bert III. Larrabee
until after the deal had been closed up
and that he had nothing to do with
the deal in any way.
The alleged fraud in connection with
the sale of the Union was made one
of the big features of the arguments
of the attorneys for the city and the
Kenosha Electric Railway company.
The attorneys held that the Ken
osha Gas and Electric company
had gained the rights it claimed in
Kenosha through fraud and that it
| had tricked The common council of the
city into failing to pass the ordinance
of the Kenosha Electric Railway com
pany by the suppression of the publ
cation Of the Kenosha Union. The at
torneys also urged that the evidence
presented made sufficient showing for
the commission to grant a certificate
for a second utility corporation in
| Kenosha.
Attorney Rosencrantz who appeared
on behalf of the Kenosha Gas and
Electric company did not spend a
great deal of time discussing the evil
dence but he declared that conceding
the fact that all the testimony was
true the Kenosha Electric Railway
company had not made a showing suf-
fcient to warrant the granting of the
certificate. He held that the Kenosha
Gas and Electric company had an
equipment large enough to take care
of all the business of the city of Ken
Ooh0 0Alu budU tuC COilluloolOA
the law had the right to regulate the
business of the company and force it
to meet every demand of the people
of the city. The argument was bit
terly contested one and it was six
o'clock before the final argument was
presented.
The attorneys for both companies
have filed copies of the evidence and
briefs with the commission and these
will be used in the final determination
of the question. The commission has
many matters Of Importance before it
at the present time but it is expected
that an effort will be made to have
decision on the Kenosha case handed
down at an early date.