The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1911-10-12
HOLDS CLAIMS Lien ON LINE
Haynes and Clausen are Given Judg-
ment for the Entire Amount Claimed
Against the Present Owners of the
Electric Line.

Judge James 0'Niel of Nielsville,
this morning fled with the clerk of
the circuit court the final judgment in
the suit of Patrick L. Haynes ct al
against the Kenosha Street Railway
Company, the Kenosha Electric Rail
way Company ct al and under the final
judgment in the case the Kenosha Elec-
trio Railway Company must pay to
Haynes, Clausen and Greenbaum, the
holders of the bonds Of the Kenosha
Street Railway Company the sum of
$42,500 under a penalty of the sale of
the line and the division of the pro-
eeeds of the sale among the creditors.
The court holds that the payment to
the promoters must be made within
the next sixty days The sale Of the
line is demanded within thirty days af-
ter the default in the payment of the
Judgment and the sheriff of Kenosha
county is directed to take over the line
at the end Of the sixty day period.
In the Judgment Judge O'Neil holds
that the material claims of the plaintiffs
in the long contested case are proven
true. That the trust deed given for
the payment of Haynes and Clausen
for securing of the franchise for the
line must be a lieu on all property
held by the Kenosha Street Railway
Company on May 5, 1902, at which
time it is declared that the company
was in default in the payment of in
terest and principal of bonds and
which principal and interest became
wholly due at that time.
The decision relates that Patrick
Haynes is the owner of fourteen of
the bonds and that the amount due to
him is $20,S60; that Gustav L. Clausen
is the owner Of fifteen of the bonds and
the amount due to him is $22,350; that
James G. Greenbaum is the owner Of
the other bond and the amount due to
him is $1,490. The decree values the
property held by the Kenosha Street
Railway Company at the time the
bonds became due and payable at
800 and it holds that this amount
is now a prior and paramount lien on
all the property owned by the Kenosha
Electric Railway Company. The value
Of the property owned by the Kenosha
Street Railway is not sufficient to meet
the full amount of the Judgment, but
nc provision is made for the payment
of any other claim, unless the road
should be sold, in which case the pro-
moters would have the right to re-
cover from the Kenosha Electric Rail,
way Company. In addition to the
amount allowed for the bonds the pain
tifs are given a Judgment of $23Ga.46
as costs in the action.
Attorneys hold that there is no APP
peal from the Judgment and that the
street railway company must either
pay the amount of the judgment within
the sixty day period or submit
sale of the lines of the company. Tnc
case has been tried out in the supreme
court snd the court held that HAYNES
and Clausen were entitled to recover
and sent the case to the lower court
to work out the problem of just what
property the plaintiffs should have
lieu on. The matter will probably be
taken up by the officials of the Keno
sha Electric Railway Company at once
AID there is little reason to believe
that the line will be sold, notwi:E-
standing the fact that the officials of
the company have repeatedly declared
that the Judgment would not be paid.
The money in question is claimed by
the Chicago men as cost of promotion
and the original charge was sec 900
which was paid to the company in
bonds of the Kenosha Electric Railway
Company which began the building of
the line in Kenosha.