The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1921-01-27
COURT DELAYS
LIFE SAVING
Commission Declares Rail-
way Change at Death
Curve Held up.
ORDER STILL STANDS

That the work of eliminating "death
curve" between Racine and Kenosha,
according to orders Of the Wisconsin
Railroad Commission is held up on ac-
count of an action now pending in
court is the contention of the Wiscon-
sin Railroad Commission, through its
secretary, G. ID. SeCheverell in a let
ter to the Evening News today. The
secretary of the commission declares
that an action in the Dane court
circuit court holds up. the order of
the commission.
While the work of building new
road to the east of the "curve" has
been started and the work of grading
is underway now, the railway company
has done nothing to change the To-
cation of its tracks and, it is impos-
sible to make the road safe until
the tracks are changed.
Urges Completion of Work.
The letter of the Railroad Com
mission explaining the conditions is
as follows:
Jan. 20, 1921.
Editor, Kenosha News,
Kenosha, Wisconsin.
Dear Sir:-
We heartily agree with you in the
tone of your editorial of January 7th
referring to the delay in carrying out
the orders of this commission provid-
ing for the elimination of certain dan
gerous grade crossings between Racine
and Kenosha. Your editorial was oc-
casioned by a fatal accident which
recently occurred at one of these
crossings. The following language
occurs in the editorial:
"We have not been advised of any
action pending in court to set aside the
order providing for the elimination of
these dangeros crossings. Racine and
Kenosha county supervisors should
unite in demand upon the railroad
commission for the immediate carry
ing out of an order for the elimination
of these dangerous crossings"
In order that you may be fully adj
vised as tor the power Of the railroad
commission in this matter we desire to
acquaint you with the following facts.
A decision in this case was rendered
on March 8, 1920. The commission in
its opinion found that the annual saw
ing capitalized at 1919 would repre-
sent the capital sum of 4,100 or if
capitalized at see the sum of 1880.
Vhss would rarraSarf ~, q fas, 1rya ~
the direct benefit in dollars and cents
to the railroad company without taking
into consideration the intangible bene-
fit of the elimination of the danger of
serious accidents. The commission
ordered that the railroad company
should pay $4,000 as the cost of
changing the highway in order to
eliminate the dangerous crossings.
From this decision the railroad COM
pany appealed, filing its appeal in the
Dane comfy circuit court on June /,
1920, where the matter now rests.
Following the receipt of news of the
recent accident, this commission adj
dressed letter to the attorney general
calling his attention to the fact of the
accident and asking that there be no
unnecessary delay in the case.
The railroad commission has no pow
er to enforce any of its orders; all
jurisdiction rests in the courts after
the railroad commission has once rem
dered its decision. All decisions of the
railroad commission that are appealed
from are defended by the attorney
general of the state and he may OF
may not call upon the railroad COM
mission for advice or assistance in
handling of the case.
This commission fully appreciates
the dangerous situation existing at the
crossings in question, but is power
less to take further action.
Yours verA truly,
Railroad Commission of Commission,
c. D. SeCheyerell, Secy.