The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1911-06-15
Kenosha Electric Railway Co.
May Seek New Franchise
on Elizabeth st. Lines
WOULD NULIFY OLD COURTCASE
Company is DESTROYS of Proceeding
With Paving of the Street and the
Council May Grant New Franchise to
Clean Up Mattes.

Efforts are being made to have the
property owners on the east end of
Elizabeth street take some steps to
Withdraw the suit now pending against
the Kenosha Electric Railway company
III which the property owners seek to
force the company to take the one
track from the street. The suit was
started some time ago and has never
been called to trial in the circuit court
but Attorney r. V. Baker, who repre-
sents the property owners, declares that
it is their intention to bring the suit
to trial within short time. The prop
= erty owners claim that the company is
maintaining single track on the por
ton of the street between West Main
street and Ashland avenue without war
rant and the court is asked to GUST the
company from the use of the street.
The suit was brought following the de
cision of the courts of the county and
state against the building of double
track on the street. 1t is difficult to
see just what can be gained by the
property owners in the suit as it is
pretty certain that should the fran
chise of the company by which the
Elizabeth street line is operated, be
declared invalid by the courts the city
council would at once grant to the com
pany new franchise to use the street
against which there could be no attack
in the courts.
The contractors will start the work
of paving Elizabeth street on next
Monday and it is feared that the work
of improving the street will be held up
on account of the differences between
the property owners and the railway
company. Manager Loughridge for the
company has stated that the company
did not like to begin the paving Of
this portion of the street until the suit
was disposed of in some way, but he
declared that the city would not be de-
layed i'll the completion of the work
if any way out of the difficulty could
be found 1t has been suggested that
che company proceed with the work
with the understanding that the cost
of this portion of the paving will be
related by the city in case the tracks
arc forced off the street. In this case
the entire cost of the paving would
be assessed against the property owners
by the council. This would mean quite
an increase in the amount to be as
sessed against each piece of property.
but it is understood that the people of
the street desire to keep up the fight
against the railway company regard
less of the proposition of paving.
AS yet the suit has not been noticed
for trial. but it is thought that it will
be brought up in some way at the June
term of the circu9 court which opens
on next Monday morning.
The officials of the Kenosha Electric
Railway company may seek to clean up
the matter finally by going before the
council and asking that new fran
chise ordinance be passed without any
further action of the courts. The fran
chise ordinance would cover only the
rights of the company on Elizabeth
street, but would legalize the single
track throughout the length of the
street. There would be absolutely no
changes in the provisions of the ordi-
nance and it would make the company
safe and at the same time secure for
the people the immediate Improvement
of the street without bubble. It is
not thought that such an ordinance
would meet with any opposition on the
council.