Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1919-09-19
FROM THE MAYOR.
SEPT. u, 1919.
To the Honorable,
The Common Council,
Wauwatosa, Wis.

purpose of discussing the traffic ordi-
nances passed on Sept. End as certain
conditions have arisen which, in my
opinion warrant the calling of a spe-
cial meeting to further consider these
ordinances. On Thursday the firm,
Jacobus & Winding called on me and
showed me a communication of the
Monarch Stone Co., from which com
pany the firm Jacobus & Winding pur-
chase their crushed stock for the pave
ment to be laid on Sind and 56th
Streets, in which communication the
Stone Co. called attention to the pas
sage of the traffic ordinances and adj
vised that they will make no further
deliveries of stone to the respective
jobs for the reason that they do not
care to subject themselves to the dan
ger of prosecution Mr.. KuenzIi of
the firm Herbst & Kuenzli has advised
me that Otto Kruger & Son have re-
fused to deliver any more gravel to
the Congregational Church for the
same reason. Since the passage of
these ordinances | have discussed the
same with several attorneys, whose
names are withheld at their own re-
quest for good and sufficient reasons
and have found unanimity of opinion
that while the City had the right to
regulate traffic and limit weights I'M
der the new laws passed by the Wis
consin Legislature it was incumbent
upon us, however, to make such regu-
lations reasonable. They all expressed
the opinion that two of the ordinances
would not be sustained in court. This
refers to the ordinance limiting weight
as we'll as to the ordinance declaring
certain streets Boulevards. 1t is
maintained by them that we cannot
stop reasonable traffic and that the
limiting of loads, as we attempt to do
in one of our ordinances to six tons, is
unreasonable. They point out that the
power which is conferred by the legis-
lature makes it possible for each and
every city to establish maximum
load to suit the whims of each partic-
ular Common Council which would re-
suit in a chaotic condition in a county
like Milwaukee county, where one city
could have a limit of three tons, an
other of six, another of nine and an
other of fifteen. In such an event the
trucks of one city could not travel
over the streets of another. 1t is my
opinion that it is not the function of
the council to establish a maximum
weight. think the legislature is the
proper body to limit the weights of
loads so that the same will be uniform
throughout the state. At the present
time / think there is Law winch
makes it compulsory for town govern
ments to build bridges and culverts
which will sustain d maximum load of
fifteen tons. The existence of such a
law, in my opinion, would alone invali-
date the ordinance in which we at
tempt to limit the weight to six tons.
Although | have never been fully
satisfied of the reasonableness of the
two ordinances referred to, decided
to sign the same on the evening of our
last council meeting, because of the
assurance as to their legality which |
received from those attorneys that
were present with whom | had dis
cussed the matter prior to the meet
ing. / therefore share with you the
responsibility and do not deny my
share.
Subsequent developments, however,
have strengthened my belief and ! am
now thoroughly convinced of their
unreasonableness and | am willing to
acknowledge my mistake and to assist
in doing whatever ] can to remedy the
condition. Nobody will deny the fact
that these ordinances were drawn
primarily for the purpose of stopping
the traffic of sand and gravel originate
ing on the west end of West Milwau-
kee Ave. and travelling over some of
the best residential streets in our city
for the purpose of delivering this ma
terial to Milwaukee customers. In
stopping these people from doing bust
ness we are also, through the provi-
sions of the ordinances, stopping
traffic which is not obnoxious to our
citizens, the activities of which are
confined to the corporate limits of our
city. Right here we have condition
of a silent understanding that certain
traffic shall not be lnterfered with be-
cause if we attempt to enforce the
ordinance to the letter the city streets
would be closed to almost all traffic.
Regulations which we cannot with
clear conscience enforce against all
violators, are. in my opinion wrong
The firm Otto Kruger & Son should
not be prohibited from doing some
thing which the Hawks Nursery Co.
is permitted to do.
It is my opinion that the ordinance
limiting the weight to six tons should.
be repealed, or if you do not wish to
repeal it to at least establish a maxi
mum weight which will permit five
ton truck to operate with its reason
able load of six tons or a total of
eleven tons. The ordinance declaring
certain streets Bouievards should be