The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1912-06-27
MAY ORDER TRACKS REMOVED.
Property Owners Contend Company
Lost Right to Single Track When
First Double Track was Laid-Attor-
neys Submit Case on Briefs Today

The old fight Of the property owners
on Elizabeth street against the Keno
sha Electric Railway Company, de-
handing the removal of the tracks of
the @efendant company from Elizabeth
street is expected to be ended within
a short time as when the case was
called before Judge Belden in the cir
cult court this morning after a long
conference the attorneys representing
the property owners and the railway
company decided that the case would
be submitted to the court on stipula-
tion of facts and that the attorneys
would file briefs in support of their
positions.
The case is an important one from
the standpoint Of both litigants. 1t
will bring final settlement Of the
right of the company to maintain
railway track on the street. It is i'm
portant to the people Of the entire city
on account of the fact that the Eliza
beth street line is the connecting link
for the other lines.
The property owners hold that the
track now on the street is there with
out warrant. The validity Of the fran
chise granted to the company by the
common council is not attac ked in the
suit, but the property holders hold
that under this franchise the company
lost its right to place a single track on
the street years ago when a double
track was laid. The franchise gave to
the company the option of laying
double or single track on the street
between Ashland avenue and West
Main street and the company proceeded
to lay double track. The property
owners raised an objection on the
grounds that the street was not wide
enough to permit the laying of two
tracks and the matter went into the
circuit court, where decision was rem
dered against the company. A new
arrangement of the line was made and
the second tracks removed from the
street. The property owners then de-
manded the removal Of the single track
under the claim that the company lost
all right to the installation Of the single
track when it elected to place the
double track which was afterward re-
moved at the order of the court. The
attorneys for the company held that in
electing to place the double track the
company lost none of it's franchise
rights for single track.
Should the court decide the case in
favor OF the contesting property owners
it will probably be necessary for the
railway company to apply to the city
council for new franchise giving it
the right to lay the single track on Eliz-
ableth street. Such an ordinance would
probably meet with favorable consid-
Grafton by the council and at the same
time all doubts as to the right of the
company to use the extreme west end
Of Elizabeth street will be cleared up.
Attorney R. V. Baker is appearing for
the property owners and the brief for
the railway company has been prepared
by Peter Fisher It is expected that a
decision in the case will be given by
the court at an early date. The proper
ty owners are determined to keep up
the fight and it is not improbable that
the final decision on the matter will
have to be secured in the supreme
court of the state.