The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-07-10
Special Correspondence.

LANSING. Mich. July BY a decision
OF the supreme court rendered today the
question OF municipal ownership of the
street railways of Detroit receives its quie-
tus The court unanimously holds that
the law authorizing the city 70 construct.
acquire, maintain and operate street rall-
ways. and to construct extensions thereof"
Is void.
The decision Is based on a section Of the
constitution which provides:
''Te state shall not be a party to or in
terested In any work Of internal improve
msnt, nor engage In carrying on any such
work except In the expenditure OF grants
to the state of lands or other property
In explaining why this statute, which
on its face only places a knit on the
power OF the state. Ii held also to make
impossible municipal ownership Of COM
mon carriers. the supreme court cites the
history Of Its enactment. The constitu-
tional provision. 1t il pointed out. was pre-.
pared because Of the plan Of the state
many years ago to engage in a costly ex
pertinent with the building Of railroad.
II the state cannot engage IN such under
takings because OF danger to It's citizens, Ii
is argued that surely the citizens OF one
Of It's integral parts cannot do %. and that
such was plainly the intent OF the trainers
Of the constitution.
At first glance the ruling would seem 10
also declare invalid public ownership OF
lighting plants or water systems. In order
to show that such Is not the case. the SUI
preme court specifically says:
ing and water works plants Is justified as
an exercise OF police power. but municipal
ownership of railroads cannot be author
lied on any such grounds"
The effect OF the decision is to put per-
emp;ory and immediate stop TO Detro;t's
civic ownership plans. already well
toward fruitson. II Is held that there Is
no such office as the Detroit street rail-
way commission through whose means
municipal ownership was to be accom-
plished; that Gov. Pingree and his two
association the commission have no right
10 their little, and that they cannot be per-
mitted 10 exercise any power thus sought
to be conveyed upon them. To carry ou.
this ruling judgment OF custer Is entered
against them
Legal difficulties In the way of a special
election on the subject of municipal own
ership have heretofore prevented the car
ryiug out of the plans of the Detroit com
mission. These were being Strengthened
out. but today's decision will save the
city from going to needless expense In
putting into operation Its election ma
chinery 10 obtain popular verdict upon
a project which the law will not counten-
ance-
Decision Is Unanimous.
The decision. which Is a unanimous
opinion was written by Justice Moore.
In order 10 obtain the ruling the commits
sion headed by Gov. Pingree. took the
initiative and Instituted proceedings 10
test the Law Action was begun through
the attorney general who raised numer-
GUS objections TO the statute.
At the ou;start. the court says IL is
doubtless true that the state legislature Is
given In general great legislative power
and that its power tn legislate IL subject
only ~ such limitations az are imposed
thereon by the express or implied ifmita-
lions contained In the construction Of the
state, or Of the United States. Then II
will be the constitutional provision upon
which the decision is based.
The cnur, prefaces its opinion with the
statement that the case Is one Of vast i'm
r.ortsnce mot Only because % the mag
ni;uae of the interests involved. but also
because the Law proposes an entirely new
departure In this country In relation to
the ownership ana management OF one
Of the mos, important interests of the
business world"
why Clause Was Adopted.
.hA provisions of the constitution n re
Iatfors 10 the attitude of tho state toward
Internal improvement. justice Moore
deemed Il wefi 10 consider TIRE experience
ef ether states ard cs Michigan prior 70
the adoption ~ the present constitution.
Hs therefore sxhsastsvely discussed the
conditions and undertakings Of the state
subsequent to tsie when the war 7enon-
sfrat.s the great nset for better system
% communication between she various
portions % The country
Having all ,hss- hst.er experience with
internal improvements fresh in mind he
continues '"whsm they formed 4 rev
constitution 81 iSa. the psopl. resolved 10
ruf IL oat ef the power 81 the legislature
aValn u involve saern IN exirssasaEs pro-
teetS The people deemed II necessary 10
prohibit Ia 80 what they commended ia
lSsss'
Much ssAGA - asyssed to the conssdsrA>