The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1911-05-18
MUST NOT INFRINGE ON PATENT
Court Sets May 25th as the Time for
an Adjourned Hearing in the Matter
and Injunction May be Vacated at
That Time.

oudge Joseph V. QuafleS IN IE6
United States court at Milwaukee on
Thursday afternoon handed down an
order granting a temporary injunction
against the city of Kenosha and the
White Construction company against
the proposed Improvement of Lake
avenue. The injunction was granted
on the petition of Warren Brothers
Of Boston who alleged in their petit
ton that the city and the construction
company are infringing on patents
owned by the company in planning the
improvement of the street with asphalt
macadam pavement. The city attor-
ney did not appear in the case it be-
ing understood that the case must be
contested by the attorneys for the
White Construction company. In
granting the injunction the court set
May 25th as an adjourned date for
the hearing of the argument in the
case and at that time the injunction
will either be vacated or made per
manent. The attorneys of the city and
the White company feel convinced
that when the court is fully advised of
the facts in the case that the injunc-
ton will be vacated and the work per
mitted to proceed. Should their Jug
ment be wrong it may be necessary for
the city council to ask for new bids
or with the. consent of the property
owners make a change in the nature of
the improvement of the street. The
Boston company is seeking to collect
royalties on a patent and it is possible
that they would permit the work to
proceed if the city or the construction
company would agree to pay the royal
ties.
In the argument against the issu-
ance Of the temporary injunction the
attorneys for the paving company held
that the specifications for the Kenosha
work were not in any way i'll keeping
with the mixture claimed by the War
rem Brothers as a patented "paving
mixture. - The specifications were
not made a part of the case and this
matter is to be fought out at the ad-
journed hearing before Judge Quarles.
The work on the street is now we'll
under way. The curb is being put in
and the work of laying the concrete
base for the street will probably BE
started the first of next week. The
street assessment committee of the
city is anxious to have this improve
ment completed during the present
year, shut it can not be completed if
the contractors are held up by injunc-
ton for any extended time. The fight
against the city and the company is
practically the same that came up at
the time of the resurfacing of Dur
kee avenue, but at that time the Bos-
ton company did not insist on pushing
the injunctional proceedings. It is
claimed that decisions both for and
against the company have been render
ed by courts in different parts of the
country, but this is the first time that
the fight has been brought before the
Wisconsin courts for a decision.
The plan Of substituting sheet
asphalt for the asphalt macadam has
been proposed to the property owners
Pand it has met with favor among many
of them, but there is grave doubt as to
the right of the common council to
make this change without the unani-
nous consent of the property owners.
1t is certain that this consent could
not be secured and in any change of
the specifications the property owners
who oppose the paving of the street
could probably block the work until
such time as the city asked for new
bids and let new contract in strict
keeping with the laws. of the state.