The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1912-04-11
Dickhaut Property Will &c
Sold to Secretary of Re.
firing Mayor SchoIey.
BARGAIN HELD NOT BINDING
Court Admits Moral Issues in the Case,
but Declares That Legal Phase Would
Fail to Show Right of City to Stop
Issuing of Deed to WaIlig.

The city viii not have tuberculo-
sis sanitarium at the site of the Dick
haut property on the road between
Racine and Kenosha, and it is prob
able that the place over which there
has been considerable controversy will
become the summer home of Charles
Wallig, secretary of retiring Mayor
M. J. Seholey. The questions at IS
sue between c. L. Miller of James
vile and the members of the special
committee Of the common cpuncil
which had been given power to act
in the purchase of the property, were
submitted to Judge Belden in the cir
cult court ON Friday afternoon and
the court while he reserved his deci-
!sion pending the possible fling of
briefs, indicated that he would render
Ia decision against the city.
There was no doubt as to the moral
victory of the city in the purchase of
the property, but there was legal
point which Mr.. Miller found suf-
fcient to allow him to get out of his
contract to sell the property to the
city and he took advantage Of it and
it was called into service to defeat
the ends of the city in its effort to
do real work for humanity. The
formal order in the case will prob
ably be handed down by Judge Belden
on next Monday aud this order will
free Mr. Miller from the restraint
placed against his signing deed to
the property as result Of the injunc-
tion secured by the city and it will
probably be transferred to Mr.. Wal
iig at once.
The attorneys for Mr.. Miller made
no effort to justify the position he
had taken in the deal with the city,
but based their whole case on the le-
gal demand for receipt in writing
II the purchase price. Attorney
Stewart, who appeared for the city,
Iargued strongly the moral attitude OF
the case and the court declared that
while recognizing this phase of the
case he did not see how he could get
about the legal point which required
receipt in writing for any money that
had been paid. It was also argued
that the agent through which the city
had made the deal had surrendered
his agency and had informed Mr. Mil
Ter that the property had been taken
by the city previous to the making of
the formal payment
It was shownrclearly that the city
had agreed to give Miller $50 more
for the property than the price he
himself had set on it.
The effect of the decision of the
court will be far reaching as there is
no other place in sight for the city
to open such an institution and Keno
sha will probably have to depend on
some other city or county to provide
care for its suffering people. The mat
ter has already been taken up with
the officers of the Lake County Tub
erculosis Institute at Waukegan and
it is possible that arrangements can
be made with this institution which
will be just as advantageous as the
city owning the property on the
north shore road.
Of course the matter will be taken
up by a committee of the county
board during the summer months and
it is expected that this committee
will make some recommendation to
the board at its meeting in Novem-
Der Of next year.
It is just possible that the failure
of the well directed efforts Of the
city council to secure a place for the
tuberoular patients viii result in the
people of the county being awakened
to the necessity of building even
larger. and more modern institution
Of this nature.