The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1920-05-27
ENJOINS CITY
TO SAVE PUMP
GreenwaId and Gallo Get
Temporary Injunction
Against City.
HEARING ON SATURDAY
Owners of Grand Ave. Pump
AIIege They Had Permit and
City Is Discriminating.

With view of forcing the city of
Kenosha to establish in court its ac-
ton in regard to the regulation of
gasoline pumps at the curb in the
streets Of the city, Joseph H. Green
valid and Gregorio Gallo, operating
under the firm name of Greenwald and
Gallo, this morning secured an injunc-
ton to prevent the city officials from
interfering with tank and pump in
stalled by the firm at its place Of
business, 1858 Grand avenue. The
order restraining the city from inter
fering with the operation of the tank
and pump was issued by Court Com
missioner A. E. Buckmaster and it is
returnable on Saturday morning at ten
o'clock BY the injunction the city Of
ficials are restrained from taking any
action in regard to the tank and pump
until after the issues raised in the
complaint have been heard in court.
Claim Had Permit.
In the complaint demanding the in
that they put in the tank and pump
under permit issued by the proper
officials Of the city. The names Of the
officials are not given in the complaint
Of the petitioners, but it was declared
by their attorney, Calvin Stewart, that
the permit had been issued by the chief
of the fire department and that the
plans for the installation of the plant
had been approvedNby Building Inspec-
tor Albers of the city force
1t was alleged by the attorney for
the petitioners that the permit for the
use Of the tank and pump was secured
the latter part Of last week previous
to any action on the part of the coun-
Gil to deny the petitioners the right
to install the equipment at the curb.
1t was admitted that later Chairman
Dan Wachs of the fire department
committee Of the council, had ordered
the partners not to operate the plant,
but gasoline had been sold following
the order of Wachs on account of the
fact that the company believed that it
had permit which was fully in keep
ing with the regulations of the city.
Selling Motor Accessories.
The firm is engaged in the sale of
automobile accessories and the injunc-
tional order raises the direct question
as to the right Of the city council to
refuse permits to such places. The
council voted on Monday not to grant
permits for pumps to any one except
garage owners and the case will offer
splendid test for the right Of the city to
carry out its proposed regulation.
Dealers in gasoline in the city are
taking very active interest in the
outcome Of this litigation. The COM
mittee has in it's hands large num-
Der Of petitions for the installation
Of tanks and pumps, but many of these
petitions are from people who do not
own garages but who are engaging
only in small way in the automobile
accessory business. If the injunc-
tion against the city is sustained
I it is believed that it will open the
way for these people to force the
city council to permit the installation
of pumps and tanks.
The plaintiffs in the action claim
that in denying operation of their
plant the city is discriminating. The
attorney for them declared today that
the tank would be installed within the
property lines if the city took action
to force the same action in connection
with other dealers in similar lines.
City Ready for Test.
City Attorney Slater when seen, de-
clared that he did not fear any trouble
over the temporary restraining order
issued by Commissioner Buckmaster.
I'm the first place, the law provides
that an injunction against munich
pal corporation must be issued by the
judge Of the circuit COURT said Mr..
Slater, "and after this is taken care of
there is the question Of the right of
the city to license or not to license.
/ The right of city to license, / do not
believe can be controlled by injunction"
1t was said by the city legal head
that any license claimed by the COM
pany on account of a permit from the
chief of the fire department was given
with the understanding that it should
be dependant on the action of the
council. It was declared that Green
valid had been instructed not to cover
up the tank or sell gasoline until
after the council had acted.
May Be Another Suit.
/. II was forecasted that the temper
airy restraining order might just be
paving the way for a suit brought by
some individual in the name of the
city with the plan Of forcing the re-
moval Of all tanks and pumps from
] the curb with the claim that they
interferred with traffic and were a
menace to the people.
Get profits on thrift by opening a
saving account