The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1912-06-20
PEOPLE MUST FIGHT BATTLE
Committee Finds City has Contract
With Railway Company Which it
Must Live Up to, but That People
May Protest Against Burdens.

lclty IN the light made by the property
owners of Milwaukee avenue against
the coming Of the interurban cars was
clearly stated in an exhaustive report
made to the council ON Monday even
ing by the committee composed of
Aldermen G. f. Stemm, N. j. Werner
and City Attorney Slater. The report
is regarded as the last word in the
matter and it was prepared by the
City Attorney and the committee after
careful examination of the contest
from every angle. On account of the
great interest in the matter the report
| is published in full as follows:
To the Honorable Mayor and Com
mon Council
Your special committee to whom
was referred the petition and demand
of the Milwaukee avenue, North Main
and Main street property owners
signed by William j. Threinen and
forty-two others, demanding the Keno
sha Electric Railway Company; the T.
M. E. R. & L. Co., or any other com
pany to desist from operating inter-
urban cars upon the above named
streets, unless they agree to meet and
comply with the demands of the prop
or4x cto 4o1
and petitioning the City of Kenosha
not to permit the operation of such
interurban cars until such agreement
be made, respectfully report that we
have carefully examined the said petit
tion and have met the officer and rep
resentative Of said railway company
relative to said demand and have pre-
sented the said demand to said railway
company and that she said railway com
pany have refused to comply with the
said demands or with any demand as
set forth in said petition. Your com
mittee further report that we are ad-
vised after an examination of the
authorities s9that the part of the petit
tioners' land underlying the street is
subject to the public easement for
travel and other ordinary street pur-
poses, including the maintenance and
operation Of street railway thereon,
but is not subject to the additional
burden Of an interurban railway or
cars thereon.
Your committee are further advised
that the city has the right to enact
la franchise ordinance giving railway
corporation the right to operate inter
urban or commercial railways in the
city streets, but that such franchises
cannot deprive the abutting property
owner Of his rights as private in
dividual.
Ordinance No, 254 of the City of
Kenosha, under which the railway
company claims the rights to operate
such interurban cars, grants the right
to carry passengers, express and
United States mail This is not strict
ly a right limited to street railway
for the carriage of passengers only.
The last section Of ordinance No.
254 is as follows:
Section Thirteen.
the people of Kenosha that through
car service should be secured to the
city of Kenosha over the local lines
operated within the city by the said
Kenosha Electric Railway Company.
land over the line of the Chicago,
Kenosha and Milwaukee Electric Rail
way Company, and thereby the annoy
ance and delays Of transfers be avoid
ed, consent is hereby given that the
said Kenosha Electric Railay Company
may contract with the said Chicago.
Kenosha and Milwaukee Electric
Railway Co. and other companies for
the use of its tracks within the city
|of Kenosha by such companies in
Guiding the tracks operated by it I'M
der this ordinance and in future ordi-
nances or amendments to this ordi-
nance.
Il was we'll known at the time of the
passage Of said ordinance that the
Chicago, Kenosha and Milwaukee
Electric Railway Company was com
pany organized for che operation Of a
through line from city to city and
through several cities and was not a
local street passenger railway, and it
must have been the intention Of the
council at the time to give TIE consent
for the operation of the ears of an in
terurban railway upon the tracks of
the Kenosha Electric Railway Com
pany in the City of Kenosha and we
do not believe that the city after pass
ing this ordinan nee which, upon its sc-
lceptance became merged into con-
tract, could now successfully contend
in court thai tac company had no rlgkss
| to operate such cars against the obiec-