The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1916-06-22
TO APPEAL FROM The ORDER
Council to File Protest Against Vacation
Of Streets and to Appeal to Courts to
Gain Time for Referendum Vote
After Rehearing on June 3Oth.

The people of the whole city are to
be given chance to express their
opinion on the elevation of the tracks
of the Chicago and North Western Rail
way company. This was the decision
reached by the common council on
Monday night following a recommend
alton of the committee on transporta-
ton, the mayor and the city attorney,
who had investigated the proposed ele-
walton order
The question will be submitted to the
people for an advisory vote some time
in July, the exact date to be set by
the council following the hearing set
for June 80 at Madison. In addition
to this the council decided that the
city. should file with a commission for
hearing on that date, formal protest
against section nine of the elevation
order. This section provides for the
vacation of certain streets and por-
lions of streets.
1t was voted unanimously to later
file an appeal from the order of the
circuit court of Dane county with the
understanding that if the people voted
IN favor of the tracks that this appeal
would not be prosecuted by the city.
At the meeting on Monday night
elevation Of tracks was the most i'm
portant matter to come before the
council. There were many protests
added to the list already on file with
the council. People residing on Third
street sent protests, people on Hansen
street declared that they objected to
any elevation plan which did not pro-
vide for a subway at Hansen street,
South street protested unless a subway
was installed on this street, there were
individual protests against the change
of the grade of Southwest Main street
and individual protests against loss of
switching facilities Bode Brothers
filed a protest against a change of
grade on Main street which would
damage their property. All of the pro-
tests were read to the council, filed and
then referred to the committee on
transportation. The committee brought
L. Tanner, holding that the council
should take. no action on the matter as
long as the same protest had been filed
with the railroad commission. 1t is
forecasted that this same action will
be taken on the other petitions and
circumstances.
The committee which had investi-
gated the elevation plan made long
report detailing the visit Of the mem
bers Of the committee to Milwaukee and
giving the opinion Of Mayor Dan Hoan
of that city on the elevation order.
The committee held that it was his
opinion that the order was most favor
able to the city, that elevation was
greatly to be desired and that if the
city did not accept the present order
that it would pay lot more for eleva-
tion at the future time when the peo-
pie sought it again.
The committee reported that it's in
,Nestigation had shown that the city
had little to fear from the suggested
suits for damages to property as re-
suit Of elevation of the tracks.
There was little oratory in connec-
tion with the discussion of the eleva-
ton plan. Most of the members of the
council seemed to be willing to take
the word of the committee. The mem
bers of the committee declared that
there was a grave doubt as to the right
Of the city to take any action to have
the order of the commission set aside
on account Of the fact that the order
had been made on the petition of the
city. This is one of the matters that
is to be fought out In the appeal to the
courts if such appeal is ever prosecuted.
The council directed the city attor-
ney and the city engineer to attend
the hearing at Madison week from
Friday and present blue prints show
ing the contention Of the city in regard
to the change of grade at Main street.
The city desires to eliminate a lot of
damage claims on this work and it is
held that it can be done by depressing
the switch tracks at Main street to a
depth of ten feet rather than FIVE feet
as provided in the order of the commits
SION.
Many property owners were at the
meeting but they took no part in sug-
costing measures to the council. All
of them seemed to be willing to have
the matter submitted to the people.
Before the question is submitted, an
effort will be made to fully instruct
the people as to Just what the eIeva-