The Detroit times., 1908-03-04
JUDGE SWAN
ACTED IN INTEREST
OF PUBLIC, HE SAYS


(CSntfnued from First fske'
the Hally ordinance he was asked to
proceed to the judges residence thai
the complaint might be offered ana al
Injunction granted. Judge swan was
called up and declared thatNhe would
come down to his courtroom instead
Mayor Has Little TO Say.
Mayor Thompson refuses 10 com
ment at length on the action OF th&
federal court
IL am acting under the orders OF ent
legal department he said.
Just at this time the mayor was
perusing his last message, IN wnicf
he spoke OF the ID. u. RS running &c
the federal court for relief and tine
ever-ready injunction
II am glad the measure is up FOL
decision on its merits" he said. II
slumbered in council for two years
until | got on the job Then II TOOK
six months TO bring II UP. Then Judge
Swan took a hand. Now, AT last, we
are ready To do something.
A plan has been suggested 10 the
mayor! in case the hearing in federai
court is delayed, OF serving the u. u
r.. with personal notice that the or
dinance has been passed and approx
ed, the courts Injunction having onV
enjoined against official publication
Most of the aldermen are inclined
to think that the ordinance VIII De
thrown out by the courts.
1T will be two years before this Is
decided" said Aid. Tossy. In the
meantime think the street railway
question will have been settled.
81 never had any faith in the meas
ure,' said Aid. Korte.
Quick moves were In order Tuesday
night in street railway legislation.
Midnight Injunction.
After the Hally ordinance had been
rushed through the council and signed
by the mayor. who left dance 10 90
so, its operation was stopped by an
secured along toward mid
night from Judge Henry II. Swan. who
had been summoned to his chambers
for that purpose.
The injunction prevents official pub
LEGATION of the ordinance. and thus de-
lays putting II into execution until
hearing is had In the United States
court next Monday.
The mayor was served with his copy
Of the Injunction while dancing inHar-
monte hall.
There was a great deal OF subdued
excitement IN the crowded councff
chamber when the Hally ordinances
came up. This measure, ordering the
d. u. X. to sell strips of i've tickets
a. hA W r IA
Third and Baker lines and on other
lines as fast as the franchises ex-
pire, or to lose Its franchise rights on
those lines, has been talked Of for 30
long that 1t has become classic
Most OF the aldermen had forgot
ten It's provisions, and II was no sur
prise, therefore, when Aid. Field made
a warm fight for. amendment. The or
dinance provides that the city do all
paving and repairing between the
tracks, probably heavy future ex-
pense. Referring to the Baubie fran
chise, Field declared that the council
had just turned down better propo-
sition than the one II was trying TO
force ON the ID. u. r.
On the statement OF p. j. M. Hally
that the ordinance would be a better
legal proposition without amendment.
IL was passed. Then Aid. Watson
moved to reconsider and Aid. Korte
made a motion to indefinitely post
pone reconsideration. This sewed the
matter up as far as the council was
concerned.
Mayor Signs Ordinance.
Then Mayor Thompson was sent for.
At noon he and r.. J. M. Hally had
declared they would not have the or
dirance rushed through and signed
the same night; that such a course
would be illegal: but they saw a great
light. and in the presence OF dozen
friends and as many reporters. the
ordinance was signed and sent TO the
printers II had been provided that
one publication would make the or
dInance take effect
Then Attorneys Stevenson and But.
gel, representing the Guaranty u
Trust CO., of New York. bondholders
of the Detroit United railway. stepped
in with their injunction against pub
lication.
BY so doing very bad position for
the railway and for some citizens
was avoided.
The d. u. r. could not accept the
ordinance by running cars over the
short stretches of track on which
franchises have expired. the federal
court having restrained them from
doing so.
II could not abandon those tracks
without admitting that the franchises
are void and. incidentally, making
thousands OF persons walk.
The stretches are ON Woodward-ave..
from Pallister to the railroad; on
Dix. from Sixteenth to Twenty
fourth-sts., and on portion OF Third
ave.
The fight on the ordinance will be
made on the point that Il purports to
forfeit valid franchises which have
not expired in case the company does
not give certain rate of fare-three
cents.--on parts OF the same route
where the grants have lapsed. II will
be argued that the city has no right
to cancel lawful franchises already
made until those grants expire OF
themselves.
THIS WIFE A TERROR.
~~~H~vRw- ~