Kenosha News from Kenosha, Wisconsin • 1

AH the News All the Time the Reason All Kenosha Reads This Paper Evening News We Carry More Want Ads Than Any Paper in Wisconsin Ontside of Milwaukee JTUMBES 275 KENOSHA WISCOKSUST TUESDAY SEPTEMBER 13 1910 VOXiTTME 16 ASKS HEAVY DAMAGES FATHER PROVES HERO WEIER PASSES "LIE" Hi FIGHT FOR LIFE FILES Martin Coniinski Itescties Wife and Children From Burning Former Member of the Common Council Makes Sensational Talk at Meeting Kenosha Yaplitsmen are Shipwrecked Oft Stone Haven Early Monday Morning attorneys for Telephone Co Declare City Has No Cause for Action in Court Chris Bernhardt Asks $5000 From the City For Injuries From a Fall Chris Bernhardt through his attorney A Drury has served notice on the officials of the city that he will claim damages to the amount of $5000 for personal injuries received on Jay street on August 27th of this year when he fell from a horse and sustained very serious injuries In his notice to the city the plaintiff in the action claims that negligence on the part of the city was directly responsible for his injury He asserts that on the night in question he was riding horseback along Jay street and tha-t the horse stepped in a hole in the street and stumbled and fell In the fall the horse threw Bernhardt over his head and he fell with such violence that he sustained a frac-ture of one of his legs and suffered injuries which promise to "He permanent The suit is an unusual one in personal damage suits and the outcome of it will be watched with some interest FALLS EXHAUSTED WITH CHILD CHARGES OFFICIALS PARTIAL FIGHT WAVES AND STORM FREE SERVICE VOLUNTARY Man and Little Girl Ar 6 Pulled From Burning Building Just in Time to Save Them From Death Loss i3 Placed at $1500 Council Declines To Take Telephone Contest Before Railroad Commission Contractors For the City Hall Get First Payment Schwend A1 Marier and Mac Mur-dick Have the rime of Their Lives in Maiden Trip of the New Launch Badger Attorneys Assert That Old Contracts of Citizens and Wisconsin Company Were Never Taken Over By This Company BURIED IN KENOSHA Remains of Mrs Ella Louise Sweet Brought Back to Old Home The question of building a twelve foot culvert at Bronson street caused some discussion among the aldermen but it was finally decided to go ahead and put in the culvert at a cost of $3143 A number of the members of the council held that the culvert was just double the size it should be and suggested that the council was throwing away more than a thousand dollars by refusing to follow' the suggestion of the city engineer who held that an eight foot culvert would be amjle to take care of all the demands at the point in question The Northwestern Railway company was ordered to place watchmen at the Bronson and Hanson street crossings 'of the line and the Chicago and Milwaukee Electric Railway company was ordered to take out the signal bell at the Prairie avenue crossing and put on a watchman The people in the neighborhood made a unanimous objection to the bell The bonds fbr the raising of money for the new city hall were sold to the National City bank of Chicago the premium being $1134 The bonds vtill be delivered at once and the council at tine meeting Monday night authorized the payment: of $7394 to the General Construction company as the first payment on the cost of constructing the building The fight for the removal of the tanks of the Standard Oil company' from the city came up but Attorney Stew art declared that he had not' been able to find any law under which the tanks could be removed and suggested that the private property owners interested go into court and have the tanks declared a nuisance The special committee named to have charge of this matter will take up the question with the state fire marshal later and a report is expected at an eaffly meeting of the council The final report on the Elizabeth street paving was made by the street assessment committee and the council directed the committee to advertise for bids for the work No formal objection was made to the paving of the street The property oivnes were notified to see to it that all service connections Avere laid in the street this fall and if the work is not done within -thirty days it will be done by the city and charged to the property owners with the paA'ing The councilgave its approval to the plats of the new Crook and Getschmann and pfennig subdivisions after Mr Crook had appeared before the council and had consented to put in five foot walks on all streets in his subdivision A letter was received from the water commission in re gard to the laying of the water pipe of the Kenosha Electric Railway company but the council laid the matter on the table and took no action The report of the city treasurer showed that the balance in bank at the end of the month of August was $28-10316 The council made some large appropriations at its meeting Monday evening and the payment of these orders will nearly use up all the balance The remains of the late Mrs Ella Louise Sweet a pioneer resident of Kenosha who died at Waukegan on last Saturday were brought to Kenosha on Monday afternoon and laid at rest in the Nichols family plat in the Kenosha City cemetery Mrs Sweet was a daughter" of the late Nichols who was for many years clerk of the circuit court for Kenosha county She spent much of her life in Kenosha but in recent had been residing at Waukegan Mrs Sweet was 66 years of age at the time of her death and had been an invalid for some months Many Waukegan people came to Kenosha Monday afternoon to attend the HITS AT SOCIALISM Three Kenosha boys Schwend A1 Marier and Mac Murdick narrowly escaped death in Lake Michigan off Stone Haven Wisconsin early Monday morning when the launch 4 4 Badger in which they were making their way to Kenosha was wrecked during the terrific storm and the three men manag ed to reach land only after a terrific battle with the waves They finally man aged to beach the launch just north of Stonehaven after all were exhausted from their battle with the storm and the rising seas Schwend who is the latest addition to the membership of the Kenosha Yacht club purchased the classy little launch at Fond du Lac a week ago and the latter part of last week accompanied by Marier and Murdick he went to Fond du Lac to Tiring the new boat to Kenosha It was the maiden trip for the launch and with the weather of Sunday'smorning the trio started to bring the new boat to Kenosha It was launched at Sheboygan and for the first few hours it had perfect sailing along the beach of the lake Late Sunday night the members of the party struck a big blow when about ten miles from the beach and the little craft be gan to rock terribly in the waves The three were kept busy baling out the launch as the big waves threw the water over her and time and again it looked as if she would sink Schwend who was in charge of the launch headed her for the beaehbut the night was so dark that the launch pitched hopelessly and the sailing master was unable to direct her For hours the men worked in their effort to keep the launeh afloat and just before daybreak they managed" to beach her They made their way to Stonehaven the nearest point and secured aid and managed to get the launch firmly on the beach Later they made their way to Belgium a little town along the mke from which point they were able to communicate with tjieir relatives in Kenosha and notify them of the wreck of the launch and their fortunate escape The launch was badiv damaged in the fight against the waves and she will be laid up at Belgium until necessary repairs can be made- Sailing Master Schwend announces that he will start with his party for Kenosha just as soon as the launch is in trim and the weather permits Wisconsin Catholic Societies Pass Strong Kesolutions Against Socialism GIVE LABOR OHS PRAISE 4 Martin Coniinski proprietor of a little grocery store at 524 Middle street Avas the hero of an exciting incident just after two oelock this morning when he rescued nis wife and two little children from a burning building Coniinski showed the greatest he'roism and the people in the neighborhood who pulled him from the burning building after he had rescued his little daughter are high in the praise of his personal braA'ery Coniinski and- his family lived in the apartments in the rear of the grocery store and just after two this morning the grocer was awakened by the crackling of the flames and found that his apartments were rapidly filling with smoke In the same room with him was his wife and two little children one five and the other seAren years old The wife and children had been partially overcome by the smoke and Coniinski with a great effort managed to carry the wife from the building and one of the children Once in the open air he recovered from the effect of the smoke and then darting through the flames he went through the front of the building to get the second child who was sleeping In the rear rooms unconscious of her peril The man reached the bed of the child and took her in his arms and started for the front of the building Bv this time the fire had been discoA'-ered anJ a crowd had gathered about the place Cominslci failed to emerge from the smoke filled building and the people broke open the rear door only to find that Cominski with the child in his arms had been overcome by the smoke and had fallen within a few feet of the rear door He was pulled from the building and in a short time both himself and the child recovered from the effects of the smoke Cominski after reaching the child had started to return through the front -of the building but finding his way-blocked starred toward the back door Here he found the rooms so filled with smoke that he fell to the floor just before he reached the door The timely arrial of neighbors preATented the death of the heroic father and the little child The origin of the fire was a complete mystery When Cominski had closed up the store at nine he lid carefully put out all the lights and when he was awakened he discoA-ered the entire place in flames The firemen made record time in reaching the burning building but the flames had gained such a headway that it was impossible to saA'e the stock of the grocer The building was badly gutted and the flames extended to surounding buildings and seAeral of them were scorched but none badly damaged The loss on the stock and household furniture of Cominski will be in excess of $1000 and it is coA-ered by insurance of $800 The building was owned by Hans Har-bert and the loss on it is estimated at about $500 Avitli insurance of $600 The chief of the fire department is investigating the fire today with a view of finding the cause of the blaze pany constructed its telephone poles and strung it wires along over and upon the various streets of the city of Kenosha and commenced to operate a telephone system and telephone exchange within the city of Kenosha but expressly denies that said construction and operation of said telephone system was under by virtue of or pursuant to the authority of the provisions of the aforesaid ordinance and alleges that said construction and operation of said telephone system was under by virtue of and pursuant to the authority granted to said Telephone amd Telegraph Company by chapter 86 of the Revised Statutes of the state of Wisconsin for the year 1898 and any and all acts amendatory thereof and supplemental thereto Denies that prior to the passage of said ordinance number 259 by the city of Kenosha the said Citizen Telephone and Telegraph Company- through its officers and agents or through any other persons acting for or in its behalf solicited the city of Kenosha to pass said ordinance promising and agreeing to install free of cost and free of service charges its telephones and telephone system in the office in the city office in the chief of police office and in the various fire engine houses of the fire department of the plaintiff city Admits that on the first day of April A 1903 the said Telephone and Telegraph Company filed in the office of the city clerk of the city of Kenosha an instrument in writing purporting to be an acceptance of said ordinance number 259 Admits that section 7 of said ordi nance provides as follow: That it shall be expressly the condition of this ordinance that if the said Telephone and Telegraph Company its successors and assigns shall either sell out to or enter into any agreement with any existing telephone or any other company or persons and its successors or assigns shall either sell out to or enter into any agreement with any existing telephone or any other company or persons and its successors or assigns doing business in the city of Kenosha which would tend to make competition in operative then this ordinance shall be null and as alleged in the petition of the plaintiff Alleges that during the month of October A 1905 the said defendant corporation Kenosha Home Telephone Company was duly organized under the laws of the state of Wisconsin and that said corporation was organized for the purpose of conducting af telephone business in the city and county of Kenosha and at such other place or places as might be convenient or de sirable and to purchase construct and maintain telephone lines and to buy and sell real estate and personal prop ertv and that" during the months of October and November 1905 the said Kenosha Home Telephone Company for a good and valuable consideration pur chased from Telephone anc Telegraph Coffipany of Kenosha Wis consin all of the property of the said Telephone and Telegraph Company excepting its franchise in the city of Kenosha which said proper ty consisted of switch-boards and other central office apparatus the transmit ters and receivers and other appajatus at the subscribers stations all poles wires underground conduits manholes Supplies and material in hand anc defendant specifically denies that the said Kenosha Home Telephone Com pany at such time or at any time either prior or subsequent thereto pur chased from the said Citizen Tele phone and Telegraph Company any of the rights or privileges purporting to be granted to the said Tele phone and Telegraph Company by the city of Kenosha in ordinance number 259 and the said defendant further specifically denies that the said Kenosha Home Telephone Company at sueli time or at any time either prior or subsequent thereto purchased from the said Citizen's Telephone and Telegraph Company any of its service or other contracts or bills receivable And the said defendant herein further alleges that- during the months of October and November in the year AD 1905 it purchased from the Wisconsin Telephone Company aforesaid all of its propetrty of every name and nature including real estate switchboard distributing frame lightning arresters and station Equipment poles wires cables and cross-arms excepting one certain pole line and the wires' and equipment thereof and that it further purchased from the Wisconsin Telephone Company all of its rights and privileges as contained in said ordinance number 40 passed in the year A 1882 by the said city of Kenosha and alleges that the said Kenosha Home Telephone Company under and by virtue of the terms of said sale from the said Wisconsin Telephone Company to it did not purchase any of the outstanding service contracts or assume any of the liabilities of the said Wisconsin Telephone Company Alleges that immediately upoi the purchase by it of all of the property Cavanagh Barnes Attorneys for the Kenosha Home Telephone Company have served on Mayor Jg Seholey and City Attorney Calvin Stewart the answer of the company in the suit recently brought afgainst the company in the name of the city and the answer of the company is not only a general denial of the allegations in the complaint made by the city but it demands the dismissal of the suit on the grounds that the complaint does not state a cause for action The Attorney for the company admits many of the allegations made by the Attorney for the city and specifically admits all the records in regard to the passage of the franchise ordinance for the Citizen Telephone and Telegraph Company The answer just as specifically denies that the Kenosha Home Tele phone Company ever did business under any grant ever given to this company and it asserts farther that when the consolidation was made the Kenosha Home Telephone Company did not take over the outstanding contracts of either the Citizen Telephone Company or the Wisconsin Telephone Company but that it continued to -furnish temporary service to the subscribers of this company only pending the time that new contracts might be made It is admitted that this service was furnished at the same rate as it had been furnished by the two companies pending the consolidation The company declared that it did not take over the franchise of the Telephone Company and that this fact was expressly stated In the consolidation: In its answer the Company says: now comes the above named defendant by Cavanagh Barnes its attorneys and for answer to the petition of the plaintiff herein admits denies and alleges as follows to-wit Admits that the plaintiff is a municipal corporation as alleged in the petition of the plaintiff Admits that the defendant is a corporation organized under the laws of the state of Wisconsin as alleged in the petition of the plaintiff Admits that in Mareh 1903 and for a long time prior thereto the Wisconsin Telephone Company maintained and was operating a telephone system in the city of Kenosha and alleges that the Wisconsin Telephone Company was at all of the times herein mentioned duly organized as a corporation under the laws of the state of "Wisconsin for the purpose of conducting a general local and long distance telephone business in the city of Kenosha Wisconsin and in divers other places in the state of Wisconsin and admits that as such telephone corporation the Wisconsin Telephone Company furnished to the various departments of the city government of the city of Kenosha telephone service charging the said city of Kenosha therefor the usual and customary rate Alleges that on the 4th aay of September A 1882 the city of Kenosha enacted an ordinance known ordinance number dOpurporting as remaining in the bank There was a reminder of otjfer days at the meeting of the common council on Monday evening wken Chris Weier formerly alderman from the seventh ward attended the meeting and proceeded to Mayor Seholey and Chairman George Wade chairman of the street and alley committee It was a real old fashioned call down and administered with such vigor that the visit of Weier to the council after so many years of inactivity easily became the feature of tiie regular fortnightly vaudeville show Weier was desperately put out on account of the fact that a side walk had been laid in front of his property and he declared that he had been unfairly treated His declaration was made in language so vigorous and picturesque that it resulted in the lie being passed on the floor of the council Weier referred to statements made by one of the aldermen as while the Mayor was not so considerate and referred to a statemefit made by Weier as a barefaced lie Weier waited long for a chance to get to the alderman and the mayor and he was put off by the mayor until late in the session but when he finally got to going he went some He declared that his walk was the first to be laid under the recent order of the council and he further declared that the city hauled materials to build a walk in front of the tv of Nicholas Wallig but the work had not been done the influence of the declared Weier Wallig job was let to Charles Steinbach and Wallig got his walk at a much lower Weier landed on the city department1 claiming that the grade of his walk was far from the proper grade and insisting that if the walk put in by the city was at the proper grade-he would pay the city a hundred dollars Alderman Wade in reply declared that Weier had said from Missouri and have to show and that for this reason his had been the first walk laid Weier declared that liis walk had not been properly laid and that it was already cracked bnd that he would refuse to pay for it The mayor told Weier that he was through talking but the former alderman could not see it that way and continued to pass personalities with the mayor and the aldermen for an other ten minutes before a threat of the mayor to call the police silenced him Weier promises to take the fight in regard to the walk into court if ne cessarv and ljp asserts that he does not propose to pay for the work done by the city The debate brought out the fact that there are many complaints against the city building walks and several charges of partiality were made The committee has been directed to put in all walks where the property owners have failed to obey the order of the city eouneil The coming of Weier and his tilt was the one feature of a very tiresome meeting of the eouneil It was expected that the objection to grades on Maiden Lane Avould bring a stir but this 'matter was referred back to the Aldermen of the ward without debate The council took up the question of the fight with the Kenosha Home Tele phone company and it was decided that-the troubles should be adjusted in the circuit court here rather than be tak en to the railroad commission Attorney Barnes appeared as the representative of the Telephone com pany and declared that the eompany was willing as in the past to give the city free telephone service but that it must insist on a ruling from some judicial body giving it the right to furnish such service City Attorney Stewart seemed to favor the taking the matter before the commission suggesting that it might be possible to get an earlier decision but the members of the council held that as the matter would get into the courts sooner or later it might just as well be started in the circuit court The attorney' was directed to bring the case to trial at this term of the circuit court if HAD NARROW ESCAPE MISS ROBINSON TO WED Frank Slosson Run Down By a Team of Horses Has Remarkable Escape Frank -Slosson secretary' and treasurer of the Bain Wagon company had an almost miraculous escape from serious injury at the corner of Church street and Market Square just after one this afternoon when he was run down by a team of horses The horses were hitched to a hay rack and they' managed to walk about the prostrate form of Mr Slosson He also escaped being struck by the wheels of the heavy wagon and after the horses had been stopped crawled out from under the wagon practically unhurt Mr Slosson was riding north on Church street and the wagon and an automobile were coming south He turned to get out of the way of the automobile and ran directly in front of the horses He Avas thrown from the bicycle on which he was riding directly in front of the horses but he fell just between the 'two animals and when it came to the Mr Slosson pulled himself out of the way of the wheels The only damage from the accident was the breaking of two spokes in the bicycle that Mr Slosson was riding The Wisconsin Federation of Catholic Societies in convention at New London during the past week has adopted a set of resolutions looking to the guidance and moral uplifting of its members It is not a political organization and does not attempt to control the affiliation of its members in this respect but aims at the creation of a sound opinion on all important topics of the day and urges especially the proper observance of Sunday in a Christian manner The resolutions adopted contain a clause asking that all members study the social question in their own com-1 munities with the aim of doing all in their power to make the Christian spirit supreme the relation of the different social classes Socialism is however condemned Labor unions are commended by the federation and its members urged to become affiliated with such organizations whenever possible thereby increasing the efficiency of the cause and preventing it from into the hands of Immoral pictures theaters and advertisements are strongly condemned and members are urged to subscribe for Catholic publications Indian and negro missions are recommended and the work of the Catholic Indian bureau at Washington is warmly indorsed with a request that all members become affiliated with the preservation society in connection with the work of the bureau The resolutions take a rap at some of the prevailing customs of the day by condemning all religious ceremonies in connection with the laying of cornerstones or the dedication of churches or public buildings and also the practice of holding the graduation exercises of public schools in churches Another resolution declares that as by various forms of associations and societies an irreligious propaganda is making every effort to weaken the faith in the minds and hearts of the people the convention recommends that every Catholic affiliate himself or herself with some religious society in their own parish Support of the denominational schools both elementary -and those of higher education especially the Catholic college in Milwaukee is another feature of the resolutions adopted Well Known Kenosha Young Woman to Become Bride of William Hartley Announcement has been made of the approaching marriage of Miss Elizabeth Robinson daughter of Mr and Mrs William Robinson of Market street and Wiliam Hartley a well known business man of Paris Illinois whieh is to be celebrated at St Matthews church at six on the evening of September 28th Miss Robinson is widely known to Kenosha people She is one of the most active of the alumni of the Kenosha high school and has been well known as a teaeher For the past two years she has been in charge of the department of music in the schools at Paris Mr? Hartley and his bride will make their home at Paris Miss' Robinson is receiving congratulations from her many friends today on the event of her approaching marriage KOCH WAIVES EXAMINATION NOTICE FOOT BALL PLAYERS The Kenosha Foot Ball team will go out for practice Tuesday night Sept 13th All players wishing to try out will please meet at the A field corner ltidge and Garden streets at 7:30 same night John Ward Jr manager sl3 Man Held oil Serious Charge Held ia Default of Bonds of $1500 Albert Koch charged with a serious statutory offense was arraigned before Judge Randall in the municipal court just before noon today and AA'as held for trial at the October term of the municipal court in bonds of $1500 lie failed to furnish the bonds and was returned to jail It is thought that Koch will plead guilty to the serious charges against him before the sitting of the regular term of the court No more arrests have been made in the cage but it is stated that the district attorney has evidence to warrant the arrest of at least ten other men All of these if arrested will be charged with being accomplices of Koc-h in the sale of his wife into Avhite slavery to grant to the Wisconsin Telephone Company the right to build maintain and operate telephone lines and telephone exchanges in the city of Kenosha Wisconsin a copy of which ordinance it hereto annexed marked Exhibit and made a part of this answer Alleges that prior to the month of March AD 1903 Telephone and Telegraph Company was a corporation organized and existing under and by virtue the laws of the state of Wisconsin for the purpose of erecting conducting maintaining and operating telephone lines and telephone exchanges in the city of Kenosha Wisconsin Admits that in the month of March 1903 the city of Kenosha enacted an ordinance known -as ordinance number 259 purporting to give to the Telephone and Telegraph Company of Kenosha Wise oh sin its successors and assigns the right to build maintain and operate telephone lines and telephone exchanges in the eiiy of Kenosha Wisconsin Admits that thereafter the said Telephone nd 'Telegraph Com- A MESSAGE TO THE SICK Have you a friend who has doctored for months perhaps years auid still at it 1 Have you been advised that a surgical operation is your last hops? If so come to Parks Parks Chiropractors 907 Prairie avenue Kenosha and we will tell you the cause give you proof and explain a system (Chiropractic) of locating and removing the cause of disease which has saved the lives of thousands and eannot fail to interest you No drugs in any form No surgery We give spinal adjustments for acute and chronic diseases Free consultation and analysis Parks Parks 907 Prairie Ave Kenosha WIs DANCE DANCE At Guild llall Wednesday evening Sept 14 Lessons from 7:45 to 9:00 Special from 9:00 to 12:00 Beginners can join the class at any time William A Wirth SOCIAL The ladies of the will their first social Friday Sept 16 1910 at Castle Hall Ail invited Admission 15 cents ilfl SIR KNIGHTS ATTENTION Stated Conclave Wednesday eArenSng Sept 3 4 1910 Regular business only By order of the Finkler Recorder pi 4 bulbs All kinds of bulbs for fall planting at Obertin greenhouses Phone 468 Wemt ads bring results iC ontinued on page 8).