ROADS TO ENTER MILWAUKEE.
Burlington, Wabash and Illinois Central Have Building Plans.
••Milwaukee. Wis., July 26.—Rumors in railroad circles are crystalizing to the effect that Milwaukee will be placed on the direct lines of the Chicago Burlington and Quincy railway system, the Wabash railway and the Illinois Central, provided that the Milwaukee Southern succeeds in building lines in to this city for which franchises have been granted.
The visit to this city ais week of H. I). Judson, general superintendent of the Illinois district of the Burlington, with Attorney Miller of Chicago, Ill. said to have had the purpose of ascertaining the lay of the land here, preparatory to considering a proposal to enter Milwaukee over the Milwaukee
Southern line from De Kalb and Rock ford, Ill.
It is said that at present the Milwaukee-Southern has not the money to build its proposed lines and that the Burlington or some other railway has been asked to lend financial as well as moral support.
Evening times-Republican. (Marshalltown, Iowa), July 26, 1906
Some miscellaneous railroad history tidbits around Burlington, WI and the surrounding area.
Showing posts with label MilwaukeeSouthern. Show all posts
Showing posts with label MilwaukeeSouthern. Show all posts
Tuesday, November 8, 2016
Wednesday, March 30, 2016
Milwaukee Southern
The new Milwaukee Southern RR is having hard sledding particularly since it ran up against the nine Socialist aldermen who form one of the unique exhibits of Schlitztown How they came to fall in lin_e with the representatives of the 10cal traflic trust is not easily explained they haven t been able to give any intelligent explanation but it looks as though their votes might block the whole scheme Poor Milwaukee seems fated to be second in railroad facilities to thousands of country cross road stations that have some choice of carrying routes However protest meetings of citizens may have some effect Receivers here are greatly interested in the opening of the Rosebud Indian Reservation for the reason that it lies directly west of a rich territory recently tapped by the Milwaukee road on one side of the Missouri and the NW on the other which is furnishing heavy shipments for this market The differentials are so low as to place Minneapolis practically out of competition and local dealers are thus enabled to recoup a portion of the losses which they have sustained to that terminal in the sections lying farther north It is hoped that rails will speedily be laid through the land now made available for settlement which is said to be very productive Private advices to local receivers indicate that while there has been much dainage from rust in certain sections it will be fully or more than oflset by the enormously increased production in others particularly in Southern Minnesota and Northern Iowa Barley oats and rye are bringing forth bumper yields and the outlook is favorable for corn so that local grain men are looking forward to a big year Such new grain as is coming in proves to be of excellent quality being in most cases plump sound and dry the three requisites for prompt and favorable sale The only exceptions are samples of rust blighted wheat although fit only for chicken feed However feed of any kind is a profitable commodity nowadays
It will be of interest to the trade at large to know what connections are promised by the new Milwaukee Southern R y which is now contending for the right to build into this city They are as follows C B & Q Great Western Ill Cen Rock Island Santa Fe Iowa Cent Ind Ill & Ia Alton Vandalia Chi Peoria & St L Big Four Lake Erie & W Toledo Peoria & W Peoria & Pekin Pere Marquette by car ferry and Wis Cen at Burlington Wis It can readily be seen what the building of such a line means to Milwaukee and the citizens are thoroughly aroused over the action of the common council in holding it up Hamlet's remark about something rotten appears to apply very handily so much so that mass meetings of protest are being called
Grain Dealers Journal Vol XIII No.1 July 10, 1904
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The ordinance recently passed by the city council of Milwaukee granting a franchise to the Milwaukee Southern Railway opens the door of Milwaukee to more railroads and loosens the grip of the two great corporations that have hitherto enjoyed a complete monopoly of the railway business into Milwaukee Lake Michigan with its car ferries and numerous lines of steamers fortunately ensuring an open outlet to the commerce of the city That the new road will be the means of bringing us into closer communication with the numerous trunk lines running into Chicago from the west and south and possibly opening the way for a direct new road to Chi cago seems highly probable The Illinois Steel Company alone can furnish almost or quite enough freight to keep one road profitably employed between its works at Milwaukee Chicago and Joliet and every road running into Chicago from the southwest will welcome an additional outlet at Milwaukee Chicago no longer possesses adequate harbor facilities to accommodate the immense freight traffic of the roads concentrated at that point and South Chicago is not as readily accessible to them as Milwaukee will be in the future with its unrivaled harbor and twenty one foot channels to every part thereof The harbor of Chicago is practically inaccessible to the big steame rs that are now carrying the great bulk of the commerce of the great lakes The tunnels prevent their taking full cargoes either in or out and the drainage canal has created such a swift current as to render navigation on the inner harbor extremely hazardous to the big carriers Already Chicago has lost the heavy lake coal trade which is every year increasing at Milwaukee and other lake ports It is only a question of time when the grain trade of Chicago will seek the same channels and if Milwaukee is awake to the opportunity a large share of it will come our way
Annual Report of the Trade and Commerce of Milwaukee, Volume 48
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Milwaukee Southern Ry Co Press reports state that Milwaukee Wis may be on the direct lines of the Chicago Burlington & Quincy the Wabash and the Illinois Central railroads providing the Milwaukee Southern Ry Co succeeds in building to Milwaukee and securing a desirable West Side terminal HD Judson Gen Supt of the Illinois district of the Chicago Burlington & Quincy RR in company with Attorney Miller of Chicago have recently made a trip to Milwaukee to investigate preparatory to the consideration of a proposition to enter Milwaukee over the lines of this road from De Kalb or Rockford Ill under a traffic agreement to which the Southern would be a willing party The Southern is the road which proposes an air line from East St Louis and has already secured a right of way into Milwaukee
Engineering World Vol IV No 8
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Milwaukee Southern Defunct The Milwaukee Southern Railway Company a corporation which two years ago secured valuable franchises from this city and which agreed to build a road from Rockford Ill to this city is defunct It has given up all its real estate holdings in the city and county as well as its franchises A lack of financial aid to build the road is given as the cause
The Commercial West - Saturday Aug 17, 1907
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WILL SPEND MILLIONS That the United States Steel Corporation is in earnest in its reported plans for a railway to connect Milwaukee Gary and Joliet was made evident during the week when a trust deed was executed at Chicago to the St Louis Trust Company at St Louis for $20,000,000 to provide funds for the road The plans grew out of the failure of the Milwaukee Southern deal which road was to connect Milwaukee and East St Louis by way of Joliet and by acquisition of the Illinois Iowa and Minnesota Railway Of the money raised at St Louis $5 500,000 is to pay for the later road which will form part of the new system_ It is said that the Steel Corporation is work ing through St Louis capitalists in securing the construction of the new I O Hl which will connect the Allis Chalmers Company's plant and the Bay View Rolling mills of the Illinois Steel Company at Milwaukee with the Steel Corporation's ary mills and the Joliet plant of the Illois Steel Company There have been heavy transfers of land along the proposed right of way of the new road near Milwaukee recently and it is said that the preliminary work has all be done The new road will be a Steel Conporation belt line around Chicago intersecting every railway entering Chicago
Industrial World, April 27 1908
It will be of interest to the trade at large to know what connections are promised by the new Milwaukee Southern R y which is now contending for the right to build into this city They are as follows C B & Q Great Western Ill Cen Rock Island Santa Fe Iowa Cent Ind Ill & Ia Alton Vandalia Chi Peoria & St L Big Four Lake Erie & W Toledo Peoria & W Peoria & Pekin Pere Marquette by car ferry and Wis Cen at Burlington Wis It can readily be seen what the building of such a line means to Milwaukee and the citizens are thoroughly aroused over the action of the common council in holding it up Hamlet's remark about something rotten appears to apply very handily so much so that mass meetings of protest are being called
Grain Dealers Journal Vol XIII No.1 July 10, 1904
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The ordinance recently passed by the city council of Milwaukee granting a franchise to the Milwaukee Southern Railway opens the door of Milwaukee to more railroads and loosens the grip of the two great corporations that have hitherto enjoyed a complete monopoly of the railway business into Milwaukee Lake Michigan with its car ferries and numerous lines of steamers fortunately ensuring an open outlet to the commerce of the city That the new road will be the means of bringing us into closer communication with the numerous trunk lines running into Chicago from the west and south and possibly opening the way for a direct new road to Chi cago seems highly probable The Illinois Steel Company alone can furnish almost or quite enough freight to keep one road profitably employed between its works at Milwaukee Chicago and Joliet and every road running into Chicago from the southwest will welcome an additional outlet at Milwaukee Chicago no longer possesses adequate harbor facilities to accommodate the immense freight traffic of the roads concentrated at that point and South Chicago is not as readily accessible to them as Milwaukee will be in the future with its unrivaled harbor and twenty one foot channels to every part thereof The harbor of Chicago is practically inaccessible to the big steame rs that are now carrying the great bulk of the commerce of the great lakes The tunnels prevent their taking full cargoes either in or out and the drainage canal has created such a swift current as to render navigation on the inner harbor extremely hazardous to the big carriers Already Chicago has lost the heavy lake coal trade which is every year increasing at Milwaukee and other lake ports It is only a question of time when the grain trade of Chicago will seek the same channels and if Milwaukee is awake to the opportunity a large share of it will come our way
Annual Report of the Trade and Commerce of Milwaukee, Volume 48
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Milwaukee Southern Ry Co Press reports state that Milwaukee Wis may be on the direct lines of the Chicago Burlington & Quincy the Wabash and the Illinois Central railroads providing the Milwaukee Southern Ry Co succeeds in building to Milwaukee and securing a desirable West Side terminal HD Judson Gen Supt of the Illinois district of the Chicago Burlington & Quincy RR in company with Attorney Miller of Chicago have recently made a trip to Milwaukee to investigate preparatory to the consideration of a proposition to enter Milwaukee over the lines of this road from De Kalb or Rockford Ill under a traffic agreement to which the Southern would be a willing party The Southern is the road which proposes an air line from East St Louis and has already secured a right of way into Milwaukee
Engineering World Vol IV No 8
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Milwaukee Southern Defunct The Milwaukee Southern Railway Company a corporation which two years ago secured valuable franchises from this city and which agreed to build a road from Rockford Ill to this city is defunct It has given up all its real estate holdings in the city and county as well as its franchises A lack of financial aid to build the road is given as the cause
The Commercial West - Saturday Aug 17, 1907
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WILL SPEND MILLIONS That the United States Steel Corporation is in earnest in its reported plans for a railway to connect Milwaukee Gary and Joliet was made evident during the week when a trust deed was executed at Chicago to the St Louis Trust Company at St Louis for $20,000,000 to provide funds for the road The plans grew out of the failure of the Milwaukee Southern deal which road was to connect Milwaukee and East St Louis by way of Joliet and by acquisition of the Illinois Iowa and Minnesota Railway Of the money raised at St Louis $5 500,000 is to pay for the later road which will form part of the new system_ It is said that the Steel Corporation is work ing through St Louis capitalists in securing the construction of the new I O Hl which will connect the Allis Chalmers Company's plant and the Bay View Rolling mills of the Illinois Steel Company at Milwaukee with the Steel Corporation's ary mills and the Joliet plant of the Illois Steel Company There have been heavy transfers of land along the proposed right of way of the new road near Milwaukee recently and it is said that the preliminary work has all be done The new road will be a Steel Conporation belt line around Chicago intersecting every railway entering Chicago
Industrial World, April 27 1908
Wednesday, February 17, 2016
Opposes Competitive Road - IC into Milwaukee
St . Paul Line endeavors to keep Illinois Central out of Milwaukee.
Milwaukee, WI. Sept 8 - the Chicago, Milwaukee, & St. Paul Railroad will make every possible effort to keep the Illinois Central out of Milwaukee. This was today when the Milwaukee Southern Railroad, the line by which the Illinois Central Road hopes to get access to this city, tried to secure condemnation in a court of a right of way through the southern part of the city.
The Illinois Central plans to build a line into Northern WIsconsin, and is understood to be reaching out for a share of the northern Michigan ore traffic. In such an event its lines would reach from the Gulf of Mexico to Lake Superior, but the roads which already have terminals in MIlwaukee will fight the project.
When a tract near a city park was asked to be condemned for a right of way, two local officials of the St Paul appeared in court to protest and asked the court to refuse to permit the building of the road, saying that is construction would impair the beauty of the city park. The court took the application under advisement.
New York Times Sept 9 1903.
Milwaukee, WI. Sept 8 - the Chicago, Milwaukee, & St. Paul Railroad will make every possible effort to keep the Illinois Central out of Milwaukee. This was today when the Milwaukee Southern Railroad, the line by which the Illinois Central Road hopes to get access to this city, tried to secure condemnation in a court of a right of way through the southern part of the city.
The Illinois Central plans to build a line into Northern WIsconsin, and is understood to be reaching out for a share of the northern Michigan ore traffic. In such an event its lines would reach from the Gulf of Mexico to Lake Superior, but the roads which already have terminals in MIlwaukee will fight the project.
When a tract near a city park was asked to be condemned for a right of way, two local officials of the St Paul appeared in court to protest and asked the court to refuse to permit the building of the road, saying that is construction would impair the beauty of the city park. The court took the application under advisement.
New York Times Sept 9 1903.
Illinois Central back of it? - Milwaukee entry
That road may get through line from Canada to Gulf via Milwaukee Southern.
Milwaukee, WI. July 1 - The Central Trust Company of Chicago, which is backing the plan to build the Milwaukee Southern Railroad into Milwaukee, is said to be acting for the Illinois Central, though representatives of the trust company deny the statement. It became known today that the company had secured rights of way for a large part of its road from the State line into this city.
The Circuit Court will be asked within a week to take steps toward the condemnation of a route into the business part of the city. Once into Milwaukee, cities in the northern part of the state willg rant franchises and facilitate the building of a branch to Lake SUperior, which will give the Illinois Central a line from the Gulf of Mexico to the Canadian border.
It is known that the Illinois Central officials have been in conference with the mayors of several cities in the state, Oshkosh, Appleton, Green Bay, & Marinette being on the proposed route.
New York Times July 2, 1903
Milwaukee, WI. July 1 - The Central Trust Company of Chicago, which is backing the plan to build the Milwaukee Southern Railroad into Milwaukee, is said to be acting for the Illinois Central, though representatives of the trust company deny the statement. It became known today that the company had secured rights of way for a large part of its road from the State line into this city.
The Circuit Court will be asked within a week to take steps toward the condemnation of a route into the business part of the city. Once into Milwaukee, cities in the northern part of the state willg rant franchises and facilitate the building of a branch to Lake SUperior, which will give the Illinois Central a line from the Gulf of Mexico to the Canadian border.
It is known that the Illinois Central officials have been in conference with the mayors of several cities in the state, Oshkosh, Appleton, Green Bay, & Marinette being on the proposed route.
New York Times July 2, 1903
Saturday, January 17, 2015
Milwaukee Southern
Rock Island Argus July 30 1903
CONDEMING WAY FOR LONG ELECTRIC ROAD - The most extensive electrical railway yet to be projected is that for which the Milwaukee Southern Rail way company was incorporated at Milwaukee, to . build from that city to East St.; Louis via. Burlington, Wis., and Rockford, Ill. Already condemnation proceedings have been commenced for the right of way, and large terminal facilities are being. arranged at Milwaukee .for the railway which was incorporated about a year ago with a nominal capital in the state of Illinois, and with a large capital in Wisconsin. It is backed by Milwaukee capitalists, who are in close touch with eastern financial circles, and seem to have ready money. In the condemnation proceedings at Milwaukee before Judge Tarrant there are 152 pieces of property. The road taps a territory which has not been invaded by railroads. From Milwaukee to Burlington it passes through a lake region, and from Burlington to Rockford it strikes Lake Geneva and good farming territory which has no immediate railroad connection. Out of Rockford, it is expected the road will run nearly directly south to Mendota and Jacksonville, Ill though the route is not announced by the officials. The fact that court proceedings have been commenced seems to indicate that the promoters really mean business in the matter, and hope to push the line.
Railway Age Dec 13, 1905
Milwaukee Southern this company has officially announced that it proposes to build a railroad from Milwaukee Wis to a connection with the Illinois lowa & Minnesota RR at DeKalb Ill
From The Railway Age March 23, 1906
Milwaukee Wis to Aurora Ill 109 miles.
Engineering World June 6, 1906
Milwaukee Southern RR Frank Foster Railroad Contractor of Elgin III Is reported as stating that Weston Bros Minneapolis expect to complete their contract for building this line by October of this year He also states that this line will be a feeder to the Illinois Central and will be vised as a coal hauling Hue for Southern Illinois mines to deliver their coal at Milwaukee and adjacent cities Estimated cost $30,000 per mile Present surveys are for a line from Aurora 111 to Milwaukee Wis
HC Wood president 601 New York Life Building EM Spaulding CE Milwaukee Wis
June 29, 1906
MILWAUKEE JUNCTION Incorporated in Wisconsin by the promoters of the Milwaukee Southern to build terminal lines for that road at Milwaukee The capital stock is $25,000 and the incorporators are HC Wood Chicago FW Rogers L Kitauf EN Spaulding and SE Hall all of Milwaukee
Minneapolis Journal July 26, 1906,
BIG SYSTEMS HEAD FOR MILWAUKEE NEW LINE OFFERS CONNECTIONS AND TERMINALS. Burlington, Wabash and Illinois Central Roads Said to Plan Trackage or Traffic Relations with Milwaukee Southern, Which Is to Construct Air Line to East St. Louis. Half Fare .to State Paitr^ Milwaukee, July 20.That Milwaukee may be placed on the direct lines of the Burlington, the Wabash and the Illinois Central systems is declared to be a probability, providing the Milwaukee Southern railway succeeds in building to this city and securing a desirable West Side terminal. The visit to Milwaukee on Monday evening of H. D. Judson, general superintendent of the Illinois district of the Burlington system, in company with an attorney, is said to have been to ascertain as quietly as possible just what terminal property the Milwaukee Southern controls in this city. This information, it is said, is desired by the officials of the Burlington preparatory to the consideration of a fines iroposal to enter Milwaukee over the of the Southern from DeKalb or Rockford, HI., under a traffic agreement to swhich the Southern would be a willing party. The Southern is the road which proposes an airline from East St. Louis and has already secured a right of way into this city.
Railway World March 29, 1907
A Chicago Belt Line It is rumored that the Illinois Iowa and Minnesota is now negotiating for the entrance to Milwaukee over the Milwaukee Southern The Illinois Iowa and Minnesota is in operation between Aurora and Rockford 111 as a belt line connecting several western and southern railroads The Illinois Indiana and Gary is designed to complete the belt service about Chicago into Gary Ind the steel corporation homestead
Staunton, IL Star Times Aug-Oct 1907
A New Railroad Combination
Hill owns Walsh's Road and will Consolidate with Wisconsin Lines
Milwaukee, Wis - Rumor has the Wisconsin Central in a combination with the Milwaukee Southern and the Chicago & Indiana road of John R. Walsh, which was recently sold to James J. Hill and eventually the three roads will be turned over to Mr. Hill
These roads will tap every trunk line entering Chicago.
Railroad Gazette Vol 43
Wisconsin Central The suit between the Wisconsin Central and the Milwaukee Southern over the right of way in the Menominee valley has been withdrawn by the Milwaukee Southern and the Wisconsin Central can now build Into Milwaukee The Milwaukee Southern had a franchise from the city council for entrance into Milwaukee but it was unable to raise sufficient capital to carry out the project Condemnation proceedings started and won by the Milwaukee Southern have been dismissed
March 5, 1906 city ordinance
MILWAUKEE SOUTHERN RAILWAY COMPANY AN ORDINANCE Granting the Milwaukee Southern Railway Company authority to lay tracks on and across certain streets and alleys and to maintain and operate a railroad in the City of Milwaukee Wisconsin The Mayor and Common Council of the City ot Milwaukee do ordain as follows Section 1 That authority be and the same hereby is given and granted to the Milwaukee Southern Railway Company a corporation duly organized and existing under and by virtue of the laws of the state of Wisconsin to construct and lay down within the term of three 3 years next following the acceptance of this ordinance by said company as hereinafter provided time being of the very essence and thenceforth maintain and operate a railroad and conduct the business of operating and transporting engines and cars propelled by steam or other reasonably safe and efficient motive power subject to the limitations and conditions hereinafter provided with one or more tracks together with all the necessary switches spurs sidings turnouts crossovers and all appurtenances necessary for the operation of such railroad along and upon the route hereinafter described and on adjoining lands and track connections with any railroad now orhereafter constructed in the city of Milwaukee county of Milwaukee Wisconsin and with any manufacturing and industrial establishments on or near said route which said route is substantially as follows a In the area included within the following boundaries Between First avenue on the east to the eastern boundary line of Mitchell park and from the western boundary of Mitchell park to the western boundary line of the city of Milwaukee and between Lake street and Lake street extended on the north and South Pierce street and South Pierce street extended on the south b In the area included within the following boundaries Fifth street on the east and the western boundary line of the city of Milwaukee on the west and between Sycamore street and Sycamore street extended on the north and the right of way line of the Chicago Milwaukee & St Paul Railway Company on the south It is understood that the routes herein mentioned shall consist of rights of way not to exceed one hundred feet in width for a standard gauge steam railway to begin in the west boundary line of said city at points to be designated by said grantee but within the lines of said areas and from thence to extend to points within the said areas That said grantee shall within one year from and after the passage and acceptance of this ordinance elect where within the areas above described it will locate said rights of way and shall file written notice of said election in the office of the city clerk of said city together with a description and map of the location of said rights of way and thereupon all rights hereby granted in or to all of the territory included in each and both of said areas outside of said rights of way as thus located shall cease and determine and the provisions of this ordinance shall then extend and apply only to the territory embraced within the rights of way as thus located Section 2 Provided further that in consideration of the permission and authority to build maintain and operate said railroad by this ordinance conferred by the city of Milwaukee and in consideration further of the conveyance by the city of Milwaukee to said railway company of that certain piece or parcel of land off the northerly part of Mitchell park of said city hereinafter specifically described subject to the terms conditions and limitations hereinafter provided to be in said conveyance contained the said railway company its successors and assigns upon the date of the acceptance of this ordinance as hereinafter provided shall convey or cause to be conveyed to the city of Milwaukee by good and sufficient conveyance free and clear of all liens and incumbrances and in fee simple the following piece and parcel of land to wit That part of the northwest quarter of section thirty one 31 town seven 7 north range twenty two 22 east in the Twenty third ward of the city of Milwaukee state of Wisconsin which is bounded and described as follows to wit Commencing at the intersection of the east line of Mitchell park with the south line of said quarter section running thence east on and along the south line of said quarter section two hundred and two 202 feet to a point thence north on a line parallel to the east line of Mitchell park nine hundred and fifty five 955 feet to a point thence northwesterly on a curve of seven hundred and five 705 feet radius the tangent of said curve bears north twenty 20 degrees and three 3 minutes west three hundred and seventvfive ive 375 feet more or less to that point in the east line of Mitchell park which is two hundred and fifty 250 feet south of the south line of the right of way of the Chicago Milwaukee & St Paul Railway thence south on and along the east line of Mitchell park twelve hundred and forty nine and forty two hundredths 1,249.42 feet to the place of beginning containing five 5 acres more or less The said deed of conveyance by said Milwaukee Southern Railway Company to said city of Milwaukee shall contain in its granting clause the following recital The said lands are not required by said grantor for railroad uses and are no longer necessary to the use of the said grantor as heretofore declared by resolution of its board of directors duly adopted As a further condition of the authority hereby granted the said railway company its successors and assigns shall immediately after the acceptance of this ordinance as hereinafter provided commence and diligently continue to its final completion the construction of said railway at its own cost and expense and erect a substantial retaining wall along the northerly line of Mitchell park with a suitable wrought iron fence thereon and forever maintain the same and do certain filling and grading in said Mitchell park and erect and maintain such enclosures as may be directed by the board of park commissioners along the easterly boundary of said Mitchell park as extended all subject to the reasonable approval of said board of park commissioners of said city of Milwaukee and as said board may reasonably order and direct Section 3 The said railway company is hereby authorized ized to construct and maintain its said railroad tracks across and upon any and all streets and alleys which its routes shall intersect or touch and to cross all railroad tracks upon or along the line of the said routes as designated in the preceding sections said company to be subject at all times to the reasonable direction of the board of public works or other proper department or officer of said city in the construction of its said tracks in making the crossings or connections with other roads and the keeping in repair of so much of said streets alleys and crossings as may be occupied by said railway company with its tracks switches and turn outs and subject to such change of elevation depression and grade as may from time to time be prescribed by the common council of the said city of Milwaukee and said company shall maintain construct and operate its railway on such grades as have heretofore been or hereafter may be established by the said city of Milwaukee and in case the common council shall at any time change the grade of any street or streets upon under or over which the railway tracks of said company shall be laid said railway company shall within a reasonable time regrade the portion of the street occupied by it and re lay at its own expense its track or tracks to correspond to such grade and the said Milwaukee Southern Railway Company shall construct and maintain at its own expense such bridges viaducts tunnels or other conveniences at public crossings as the common council may at any time hereafter deem necessary and in case it shall be decided by the proper authorities of said city of Milwaukee to pave macadamize or repair any street or part thereof crossed by the line of said proposed track or any other track the said railway company may lay in the future said company shall pay a just and equitable part of the expenses of such construction or repair of said streets or highways the same to be determined by the common council subject to review by a court of competent jurisdiction and shall at its own expense pave macadamize or repair and keep in good repair such streets upon or over which its track and tracks may hereafter be laid between the rails and one foot on the outside thereof including also such portion of such street as lies between its tracks or the main tracks and switches of said company so that said pavement or macadam or repair shall correspond to and be identical with the pavement or macadam and repair of said street adjacent thereto Section 4 In consideration of the conveyance by the said railway company to the city of Milwaukee of the tract of land hereinbefore described the said city of Milwaukee hereby agrees by quitclaim deed of conveyance to convey to the said Milwaukee Southern Railway Company upon the date of the acceptance of this ordinance as hereinafter provided all its right title and interest in and to the following described piece and parcel of land subject however at all times to the terms conditions limitations and restrictions to be contained in said conveyance hereinafter provided to wit A strip of land in the northwest quarter of section thirty one 31 town seven 7 north range twenty two 22 east in the city of Milwaukee and state of Wisconsin the same lying along the northerly side of Mitchell park in the Twenty third 23d ward of the said city and bounded and described as follows Commencing at the intersection of the west line of Mitchell park with the south right of way line of the Chicago Milwaukee & St Paul Railway Company running thence south on and along the west line of Mitchell park to a point whose rectangular distance is sixty six 66 feet from said south right of way line thence easterly on a curve parallel to the south line of the aforesaid right of way line to a point which is five hundred twenty 520 feet west of the east line of Mitchell park thence southeasterly on a curve of sever hundred five 705 feet radius to the point of intersection with the east line of Mitchell park said point of intersection being two hundred fifty 250 feet south of the intersection of the east line of Mitchell park with the south right of way line of Chicago Milwaukee & St Paul Railway Company thence north along the east line of Mitchell park two hundred fifty 250 feet to the intersection with the south right of way line of said Chicago Milwaukee & St Paul Railway Company thence westerly on and along the south right of way line of said railway to the intersection with the west line of Mitchell park being the place of beginning containing three and one half 3 acres more or less Provided that in the event that said railway is not built within the corporate limits of the city of Milwaukee and over said strip of land in said Mitchell park and in active operation as and for railroad purposes both passenger and freight within three years from the acceptance of this ordinance by said Milwaukee Southern Railway Company time being of the essence of the consideration for the conveyance of said strip of land in Mitchell park by the city of Milwaukee to said Milwaukee Southern Railway Company as well as all and singular the provisions visions of this ordinance the piece or parcel of land last above described and mentioned shall revert to and again be the property of said city of Milwaukee free and clear of all incumbrances with all buildings structures and appurtenances thereon any mortgage or other liens placed thereon shall be null and void and the said city of Milwaukee shall immediately upon such failure have the right of re entry without notice to said railway company and without any overt act declaratory of such re entry on the part of said city of Milwaukee and the said instrument of conveyance by the said city of Milwaukee to the said Milwaukee Southern Railway Company shall contain the following conditions in the language here following to wit This conveyance is made upon the express condition that the said grantee build and operate within the corporate limits of the city of Milwaukee and over said strip of land herein described a certain railway the same to be in active operation for railroad purposes both passenger and freight within three years from the acceptance of a certain ordinance of the said city of Milwaukee entitled An ordinance granting the Milwaukee Southern Railway Company authority to lay tracks on and across certain streets and alleys and to maintain and operate a railroad in the city of Milwaukee Wisconsin adopted by the common council of said city of Milwaukee on the day of 190 and that time is of the essence of the consideration upon which the said grantor conveys the herein described land to said grantee as well as all and singular the provisions of said ordinance and that in case the said grantee does not so construct and operate said railway within the time aforesaid and comply with all and singular the provisions of said ordinance and further that if at the expiration of said period of three years said Milwaukee Southern Railway Company shall have acquired said rights of way and laid its tracks thereon then every other railway company then desiring ingress to said city shall have the right to use and enjoy said tracks and operate cars trains and locomotives thereon subject and pursuant to the terms of said ordinance then and in that event the said parcel of land hereinbefore described with all buildings structures and appurtenances thereon shall revert to and revest in said city of Milwaukee free and clear of all incumbrances and any mortgage or other liens placed thereon shall be null and void and the said city of Milwaukee shall immediately upon such failure without notice to said railway company and without any overt act on the part of said city of Milwaukee have the right of re entry Section 5 The authority hereby granted and the conveyance by the city to said railway company hereinbefore directed and authorized are and shall be upon the further express condition that the said Milwaukee Southern Railway Company shall during the continuance of this ordinance allow any other railroad company except the Chicago Milwaukee & St Paul Railway Company the Chicago & Northwestern Railway Company and the Milwaukee Electric Railway & Light Company as well as each and every railroad now owning railroad tracks within Milwaukee county and their respective successors lessees and assigns to use any of its tracks within the county of Milwaukee for railroad purposes upon paying a reasonable compensation therefor inclusive of passenger depot and depots jointly with the said Milwaukee Southern Railway company upon such terms as may be agreed upon by said railway companies In case the said companies cannot agree as to such reasonable compensation and terms the matter shall be determined without delay by three disinterested arbitrators one to be chosen by said Milwaukee Southern Railway Company one by the said railway company so desiring to use such tracks and those two to chose a third arbitrator and in the event that such two arbitrators cannot agree upon a third within three months from the date of their appointment or in case either of said companies shall not appoint an arbitrator within thirty days from the date of demand therefor by such railroad company or companies so desiring to use such tracks such arbitrator or arbitrators shall be appointed by any person who shall be a judge of the circuit court of Milwaukee county upon application of either party having given notice of such application to the other The decision of the arbitrators shall be in writing and signed by them and the compensation and conditions fixed by their decision or by the decision of a majority of them shall be final and such other railroad company shall be allowed to operate thereunder until such decision is finally determined not to be reasonable by some court of competent jurisdication and in case such court shall determine such decision to be unreasonable the court shall determine what is a reasonable charge to be paid and what are reasonable conditions of such use All the terms and conditions of this ordinance shall apply to and govern the operation of said railroad by said Milwaukee Southern Railway Company as well as its use by any and all other railroads in all territory which is now or shall hereafter be included within the corporate limits of the city of Milwaukee Provided further that any period of time during which the said railway company shall be delayed by any injunction or other legal proceedings in good faith adversary to said company shall be added to the three 3 years limit aforesaid And this ordinance is granted upon the further express condition that if the said company shall cease at any time after the completion of its lines of railroad for a period of over sixty 60 days to actively operate and use said tracks and right of way within the said city as and for railroad purposes both passenger and freight except by permission for non user duly granted by the common council of said city then said company shall be subject to all of the same forfeitures penalties and liabilities as provided in this ordinance Provided further that said company shall at all times save harmless the city of Milwaukee from all judgments costs or all damages which said city may have to pay by reason of the negligent construction or want of repair of that portion of the streets which said Milwaukee Southern Railway Company as hereinbefore provided is required to construct and keep in repair or by reason of the negligent maintenance or operation of said company's road and shall be liable to the city for all damages by it sustained through the negligent operation of its road Section 6 All the provisions of this ordinance shall be binding upon and shall run in favor of the successors lessees or assigns of the saidl Milwaukee Southern Railway Company including each and every other railroad company which shall hereafter use its tracks as herein provided provided however that the words successors lessees and assigns shall in every case exclude any and all railroads now owning railroad tracks within Milwaukee county and also their respective successors lessees and assigns Section 7 The time in which any act is to be done or performed by said grantee according to the terms of this ordinance may be extended by the common council of said city whenever it shall be made to appear that said grantee has proceeded in good faith and with reasonable diligence and that it has been prevented from doing the same within the time herein limited by causes beyond its control Section 8 Before said railway company shall exercise any of the rights privileges or franchises provided for in this ordinance it shall file with the city clerk of said city its written acceptance of said agreement to all of the terms and conditions contained in this ordinance and in no event shall this ordinance or any provision thereof take effect until such acceptance and agreement is filed and if said railway company shall fail neglect or refuse to file said acceptance and agreement as herein required within 30 days from and after the passage and publication hereof then this ordinance and all and singular provisions shall stand for naught the same as though it had never been passed Section 9 Whenever the word grantee is used herein it shall be deemed to mean the Milwaukee Southern Railway company its successors and assigns and wherever the words Milwaukee Southern Railway company are used herein it shall be deemed to mean the Milwaukee Southern Railway Company its successors and assigns except as to those railway companies expressly excepted from the provisions hereof Section 10 This ordinance shall take effect and be in force from and after its passage and publication and acceptance within thirty days herein above provided Passed March 5 1906 CORNELIUS CORCORAN President of the Common Council EDWIN HINKEL City Clerk Approved March 5 1906 DAVID S ROSE Mayor
CONDEMING WAY FOR LONG ELECTRIC ROAD - The most extensive electrical railway yet to be projected is that for which the Milwaukee Southern Rail way company was incorporated at Milwaukee, to . build from that city to East St.; Louis via. Burlington, Wis., and Rockford, Ill. Already condemnation proceedings have been commenced for the right of way, and large terminal facilities are being. arranged at Milwaukee .for the railway which was incorporated about a year ago with a nominal capital in the state of Illinois, and with a large capital in Wisconsin. It is backed by Milwaukee capitalists, who are in close touch with eastern financial circles, and seem to have ready money. In the condemnation proceedings at Milwaukee before Judge Tarrant there are 152 pieces of property. The road taps a territory which has not been invaded by railroads. From Milwaukee to Burlington it passes through a lake region, and from Burlington to Rockford it strikes Lake Geneva and good farming territory which has no immediate railroad connection. Out of Rockford, it is expected the road will run nearly directly south to Mendota and Jacksonville, Ill though the route is not announced by the officials. The fact that court proceedings have been commenced seems to indicate that the promoters really mean business in the matter, and hope to push the line.
Railway Age Dec 13, 1905
Milwaukee Southern this company has officially announced that it proposes to build a railroad from Milwaukee Wis to a connection with the Illinois lowa & Minnesota RR at DeKalb Ill
From The Railway Age March 23, 1906
Milwaukee Wis to Aurora Ill 109 miles.
Engineering World June 6, 1906
Milwaukee Southern RR Frank Foster Railroad Contractor of Elgin III Is reported as stating that Weston Bros Minneapolis expect to complete their contract for building this line by October of this year He also states that this line will be a feeder to the Illinois Central and will be vised as a coal hauling Hue for Southern Illinois mines to deliver their coal at Milwaukee and adjacent cities Estimated cost $30,000 per mile Present surveys are for a line from Aurora 111 to Milwaukee Wis
HC Wood president 601 New York Life Building EM Spaulding CE Milwaukee Wis
June 29, 1906
MILWAUKEE JUNCTION Incorporated in Wisconsin by the promoters of the Milwaukee Southern to build terminal lines for that road at Milwaukee The capital stock is $25,000 and the incorporators are HC Wood Chicago FW Rogers L Kitauf EN Spaulding and SE Hall all of Milwaukee
Minneapolis Journal July 26, 1906,
BIG SYSTEMS HEAD FOR MILWAUKEE NEW LINE OFFERS CONNECTIONS AND TERMINALS. Burlington, Wabash and Illinois Central Roads Said to Plan Trackage or Traffic Relations with Milwaukee Southern, Which Is to Construct Air Line to East St. Louis. Half Fare .to State Paitr^ Milwaukee, July 20.That Milwaukee may be placed on the direct lines of the Burlington, the Wabash and the Illinois Central systems is declared to be a probability, providing the Milwaukee Southern railway succeeds in building to this city and securing a desirable West Side terminal. The visit to Milwaukee on Monday evening of H. D. Judson, general superintendent of the Illinois district of the Burlington system, in company with an attorney, is said to have been to ascertain as quietly as possible just what terminal property the Milwaukee Southern controls in this city. This information, it is said, is desired by the officials of the Burlington preparatory to the consideration of a fines iroposal to enter Milwaukee over the of the Southern from DeKalb or Rockford, HI., under a traffic agreement to swhich the Southern would be a willing party. The Southern is the road which proposes an airline from East St. Louis and has already secured a right of way into this city.
Railway World March 29, 1907
A Chicago Belt Line It is rumored that the Illinois Iowa and Minnesota is now negotiating for the entrance to Milwaukee over the Milwaukee Southern The Illinois Iowa and Minnesota is in operation between Aurora and Rockford 111 as a belt line connecting several western and southern railroads The Illinois Indiana and Gary is designed to complete the belt service about Chicago into Gary Ind the steel corporation homestead
Staunton, IL Star Times Aug-Oct 1907
A New Railroad Combination
Hill owns Walsh's Road and will Consolidate with Wisconsin Lines
Milwaukee, Wis - Rumor has the Wisconsin Central in a combination with the Milwaukee Southern and the Chicago & Indiana road of John R. Walsh, which was recently sold to James J. Hill and eventually the three roads will be turned over to Mr. Hill
These roads will tap every trunk line entering Chicago.
Railroad Gazette Vol 43
Wisconsin Central The suit between the Wisconsin Central and the Milwaukee Southern over the right of way in the Menominee valley has been withdrawn by the Milwaukee Southern and the Wisconsin Central can now build Into Milwaukee The Milwaukee Southern had a franchise from the city council for entrance into Milwaukee but it was unable to raise sufficient capital to carry out the project Condemnation proceedings started and won by the Milwaukee Southern have been dismissed
March 5, 1906 city ordinance
MILWAUKEE SOUTHERN RAILWAY COMPANY AN ORDINANCE Granting the Milwaukee Southern Railway Company authority to lay tracks on and across certain streets and alleys and to maintain and operate a railroad in the City of Milwaukee Wisconsin The Mayor and Common Council of the City ot Milwaukee do ordain as follows Section 1 That authority be and the same hereby is given and granted to the Milwaukee Southern Railway Company a corporation duly organized and existing under and by virtue of the laws of the state of Wisconsin to construct and lay down within the term of three 3 years next following the acceptance of this ordinance by said company as hereinafter provided time being of the very essence and thenceforth maintain and operate a railroad and conduct the business of operating and transporting engines and cars propelled by steam or other reasonably safe and efficient motive power subject to the limitations and conditions hereinafter provided with one or more tracks together with all the necessary switches spurs sidings turnouts crossovers and all appurtenances necessary for the operation of such railroad along and upon the route hereinafter described and on adjoining lands and track connections with any railroad now orhereafter constructed in the city of Milwaukee county of Milwaukee Wisconsin and with any manufacturing and industrial establishments on or near said route which said route is substantially as follows a In the area included within the following boundaries Between First avenue on the east to the eastern boundary line of Mitchell park and from the western boundary of Mitchell park to the western boundary line of the city of Milwaukee and between Lake street and Lake street extended on the north and South Pierce street and South Pierce street extended on the south b In the area included within the following boundaries Fifth street on the east and the western boundary line of the city of Milwaukee on the west and between Sycamore street and Sycamore street extended on the north and the right of way line of the Chicago Milwaukee & St Paul Railway Company on the south It is understood that the routes herein mentioned shall consist of rights of way not to exceed one hundred feet in width for a standard gauge steam railway to begin in the west boundary line of said city at points to be designated by said grantee but within the lines of said areas and from thence to extend to points within the said areas That said grantee shall within one year from and after the passage and acceptance of this ordinance elect where within the areas above described it will locate said rights of way and shall file written notice of said election in the office of the city clerk of said city together with a description and map of the location of said rights of way and thereupon all rights hereby granted in or to all of the territory included in each and both of said areas outside of said rights of way as thus located shall cease and determine and the provisions of this ordinance shall then extend and apply only to the territory embraced within the rights of way as thus located Section 2 Provided further that in consideration of the permission and authority to build maintain and operate said railroad by this ordinance conferred by the city of Milwaukee and in consideration further of the conveyance by the city of Milwaukee to said railway company of that certain piece or parcel of land off the northerly part of Mitchell park of said city hereinafter specifically described subject to the terms conditions and limitations hereinafter provided to be in said conveyance contained the said railway company its successors and assigns upon the date of the acceptance of this ordinance as hereinafter provided shall convey or cause to be conveyed to the city of Milwaukee by good and sufficient conveyance free and clear of all liens and incumbrances and in fee simple the following piece and parcel of land to wit That part of the northwest quarter of section thirty one 31 town seven 7 north range twenty two 22 east in the Twenty third ward of the city of Milwaukee state of Wisconsin which is bounded and described as follows to wit Commencing at the intersection of the east line of Mitchell park with the south line of said quarter section running thence east on and along the south line of said quarter section two hundred and two 202 feet to a point thence north on a line parallel to the east line of Mitchell park nine hundred and fifty five 955 feet to a point thence northwesterly on a curve of seven hundred and five 705 feet radius the tangent of said curve bears north twenty 20 degrees and three 3 minutes west three hundred and seventvfive ive 375 feet more or less to that point in the east line of Mitchell park which is two hundred and fifty 250 feet south of the south line of the right of way of the Chicago Milwaukee & St Paul Railway thence south on and along the east line of Mitchell park twelve hundred and forty nine and forty two hundredths 1,249.42 feet to the place of beginning containing five 5 acres more or less The said deed of conveyance by said Milwaukee Southern Railway Company to said city of Milwaukee shall contain in its granting clause the following recital The said lands are not required by said grantor for railroad uses and are no longer necessary to the use of the said grantor as heretofore declared by resolution of its board of directors duly adopted As a further condition of the authority hereby granted the said railway company its successors and assigns shall immediately after the acceptance of this ordinance as hereinafter provided commence and diligently continue to its final completion the construction of said railway at its own cost and expense and erect a substantial retaining wall along the northerly line of Mitchell park with a suitable wrought iron fence thereon and forever maintain the same and do certain filling and grading in said Mitchell park and erect and maintain such enclosures as may be directed by the board of park commissioners along the easterly boundary of said Mitchell park as extended all subject to the reasonable approval of said board of park commissioners of said city of Milwaukee and as said board may reasonably order and direct Section 3 The said railway company is hereby authorized ized to construct and maintain its said railroad tracks across and upon any and all streets and alleys which its routes shall intersect or touch and to cross all railroad tracks upon or along the line of the said routes as designated in the preceding sections said company to be subject at all times to the reasonable direction of the board of public works or other proper department or officer of said city in the construction of its said tracks in making the crossings or connections with other roads and the keeping in repair of so much of said streets alleys and crossings as may be occupied by said railway company with its tracks switches and turn outs and subject to such change of elevation depression and grade as may from time to time be prescribed by the common council of the said city of Milwaukee and said company shall maintain construct and operate its railway on such grades as have heretofore been or hereafter may be established by the said city of Milwaukee and in case the common council shall at any time change the grade of any street or streets upon under or over which the railway tracks of said company shall be laid said railway company shall within a reasonable time regrade the portion of the street occupied by it and re lay at its own expense its track or tracks to correspond to such grade and the said Milwaukee Southern Railway Company shall construct and maintain at its own expense such bridges viaducts tunnels or other conveniences at public crossings as the common council may at any time hereafter deem necessary and in case it shall be decided by the proper authorities of said city of Milwaukee to pave macadamize or repair any street or part thereof crossed by the line of said proposed track or any other track the said railway company may lay in the future said company shall pay a just and equitable part of the expenses of such construction or repair of said streets or highways the same to be determined by the common council subject to review by a court of competent jurisdiction and shall at its own expense pave macadamize or repair and keep in good repair such streets upon or over which its track and tracks may hereafter be laid between the rails and one foot on the outside thereof including also such portion of such street as lies between its tracks or the main tracks and switches of said company so that said pavement or macadam or repair shall correspond to and be identical with the pavement or macadam and repair of said street adjacent thereto Section 4 In consideration of the conveyance by the said railway company to the city of Milwaukee of the tract of land hereinbefore described the said city of Milwaukee hereby agrees by quitclaim deed of conveyance to convey to the said Milwaukee Southern Railway Company upon the date of the acceptance of this ordinance as hereinafter provided all its right title and interest in and to the following described piece and parcel of land subject however at all times to the terms conditions limitations and restrictions to be contained in said conveyance hereinafter provided to wit A strip of land in the northwest quarter of section thirty one 31 town seven 7 north range twenty two 22 east in the city of Milwaukee and state of Wisconsin the same lying along the northerly side of Mitchell park in the Twenty third 23d ward of the said city and bounded and described as follows Commencing at the intersection of the west line of Mitchell park with the south right of way line of the Chicago Milwaukee & St Paul Railway Company running thence south on and along the west line of Mitchell park to a point whose rectangular distance is sixty six 66 feet from said south right of way line thence easterly on a curve parallel to the south line of the aforesaid right of way line to a point which is five hundred twenty 520 feet west of the east line of Mitchell park thence southeasterly on a curve of sever hundred five 705 feet radius to the point of intersection with the east line of Mitchell park said point of intersection being two hundred fifty 250 feet south of the intersection of the east line of Mitchell park with the south right of way line of Chicago Milwaukee & St Paul Railway Company thence north along the east line of Mitchell park two hundred fifty 250 feet to the intersection with the south right of way line of said Chicago Milwaukee & St Paul Railway Company thence westerly on and along the south right of way line of said railway to the intersection with the west line of Mitchell park being the place of beginning containing three and one half 3 acres more or less Provided that in the event that said railway is not built within the corporate limits of the city of Milwaukee and over said strip of land in said Mitchell park and in active operation as and for railroad purposes both passenger and freight within three years from the acceptance of this ordinance by said Milwaukee Southern Railway Company time being of the essence of the consideration for the conveyance of said strip of land in Mitchell park by the city of Milwaukee to said Milwaukee Southern Railway Company as well as all and singular the provisions visions of this ordinance the piece or parcel of land last above described and mentioned shall revert to and again be the property of said city of Milwaukee free and clear of all incumbrances with all buildings structures and appurtenances thereon any mortgage or other liens placed thereon shall be null and void and the said city of Milwaukee shall immediately upon such failure have the right of re entry without notice to said railway company and without any overt act declaratory of such re entry on the part of said city of Milwaukee and the said instrument of conveyance by the said city of Milwaukee to the said Milwaukee Southern Railway Company shall contain the following conditions in the language here following to wit This conveyance is made upon the express condition that the said grantee build and operate within the corporate limits of the city of Milwaukee and over said strip of land herein described a certain railway the same to be in active operation for railroad purposes both passenger and freight within three years from the acceptance of a certain ordinance of the said city of Milwaukee entitled An ordinance granting the Milwaukee Southern Railway Company authority to lay tracks on and across certain streets and alleys and to maintain and operate a railroad in the city of Milwaukee Wisconsin adopted by the common council of said city of Milwaukee on the day of 190 and that time is of the essence of the consideration upon which the said grantor conveys the herein described land to said grantee as well as all and singular the provisions of said ordinance and that in case the said grantee does not so construct and operate said railway within the time aforesaid and comply with all and singular the provisions of said ordinance and further that if at the expiration of said period of three years said Milwaukee Southern Railway Company shall have acquired said rights of way and laid its tracks thereon then every other railway company then desiring ingress to said city shall have the right to use and enjoy said tracks and operate cars trains and locomotives thereon subject and pursuant to the terms of said ordinance then and in that event the said parcel of land hereinbefore described with all buildings structures and appurtenances thereon shall revert to and revest in said city of Milwaukee free and clear of all incumbrances and any mortgage or other liens placed thereon shall be null and void and the said city of Milwaukee shall immediately upon such failure without notice to said railway company and without any overt act on the part of said city of Milwaukee have the right of re entry Section 5 The authority hereby granted and the conveyance by the city to said railway company hereinbefore directed and authorized are and shall be upon the further express condition that the said Milwaukee Southern Railway Company shall during the continuance of this ordinance allow any other railroad company except the Chicago Milwaukee & St Paul Railway Company the Chicago & Northwestern Railway Company and the Milwaukee Electric Railway & Light Company as well as each and every railroad now owning railroad tracks within Milwaukee county and their respective successors lessees and assigns to use any of its tracks within the county of Milwaukee for railroad purposes upon paying a reasonable compensation therefor inclusive of passenger depot and depots jointly with the said Milwaukee Southern Railway company upon such terms as may be agreed upon by said railway companies In case the said companies cannot agree as to such reasonable compensation and terms the matter shall be determined without delay by three disinterested arbitrators one to be chosen by said Milwaukee Southern Railway Company one by the said railway company so desiring to use such tracks and those two to chose a third arbitrator and in the event that such two arbitrators cannot agree upon a third within three months from the date of their appointment or in case either of said companies shall not appoint an arbitrator within thirty days from the date of demand therefor by such railroad company or companies so desiring to use such tracks such arbitrator or arbitrators shall be appointed by any person who shall be a judge of the circuit court of Milwaukee county upon application of either party having given notice of such application to the other The decision of the arbitrators shall be in writing and signed by them and the compensation and conditions fixed by their decision or by the decision of a majority of them shall be final and such other railroad company shall be allowed to operate thereunder until such decision is finally determined not to be reasonable by some court of competent jurisdication and in case such court shall determine such decision to be unreasonable the court shall determine what is a reasonable charge to be paid and what are reasonable conditions of such use All the terms and conditions of this ordinance shall apply to and govern the operation of said railroad by said Milwaukee Southern Railway Company as well as its use by any and all other railroads in all territory which is now or shall hereafter be included within the corporate limits of the city of Milwaukee Provided further that any period of time during which the said railway company shall be delayed by any injunction or other legal proceedings in good faith adversary to said company shall be added to the three 3 years limit aforesaid And this ordinance is granted upon the further express condition that if the said company shall cease at any time after the completion of its lines of railroad for a period of over sixty 60 days to actively operate and use said tracks and right of way within the said city as and for railroad purposes both passenger and freight except by permission for non user duly granted by the common council of said city then said company shall be subject to all of the same forfeitures penalties and liabilities as provided in this ordinance Provided further that said company shall at all times save harmless the city of Milwaukee from all judgments costs or all damages which said city may have to pay by reason of the negligent construction or want of repair of that portion of the streets which said Milwaukee Southern Railway Company as hereinbefore provided is required to construct and keep in repair or by reason of the negligent maintenance or operation of said company's road and shall be liable to the city for all damages by it sustained through the negligent operation of its road Section 6 All the provisions of this ordinance shall be binding upon and shall run in favor of the successors lessees or assigns of the saidl Milwaukee Southern Railway Company including each and every other railroad company which shall hereafter use its tracks as herein provided provided however that the words successors lessees and assigns shall in every case exclude any and all railroads now owning railroad tracks within Milwaukee county and also their respective successors lessees and assigns Section 7 The time in which any act is to be done or performed by said grantee according to the terms of this ordinance may be extended by the common council of said city whenever it shall be made to appear that said grantee has proceeded in good faith and with reasonable diligence and that it has been prevented from doing the same within the time herein limited by causes beyond its control Section 8 Before said railway company shall exercise any of the rights privileges or franchises provided for in this ordinance it shall file with the city clerk of said city its written acceptance of said agreement to all of the terms and conditions contained in this ordinance and in no event shall this ordinance or any provision thereof take effect until such acceptance and agreement is filed and if said railway company shall fail neglect or refuse to file said acceptance and agreement as herein required within 30 days from and after the passage and publication hereof then this ordinance and all and singular provisions shall stand for naught the same as though it had never been passed Section 9 Whenever the word grantee is used herein it shall be deemed to mean the Milwaukee Southern Railway company its successors and assigns and wherever the words Milwaukee Southern Railway company are used herein it shall be deemed to mean the Milwaukee Southern Railway Company its successors and assigns except as to those railway companies expressly excepted from the provisions hereof Section 10 This ordinance shall take effect and be in force from and after its passage and publication and acceptance within thirty days herein above provided Passed March 5 1906 CORNELIUS CORCORAN President of the Common Council EDWIN HINKEL City Clerk Approved March 5 1906 DAVID S ROSE Mayor
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