The Detroit times., 1908-03-02
COUNCIL NAY PASS
HALLT ORDINANCE
RULES COURT
REFUSES PERMANENT iNJUNc~
TON BUT DECLARES MEAS,
uRE OF EXTREME cHARAcTEa
AND DOUBTFUL VALIDITY"

The city OF Detroit wins the nr1t
battle with the ID. u. n. over the
Hally ordinance, Judge Swan decided
Monday noon that the common council
has the right To pass the ordInancss
such action having been temporarily
restrained last summer. He desi9-
mated the ordinance, however, as "0f
extreme character and, perhaps. moro
than doubtful validity"
The Hally ordinance viii now pe
put up to the council for passage
Tuesday night The ID. u. r. will then
attack II on its merits and q legxl
night will be begun, which will prob
ably last two years In the courts.
This ordinance provides that when
ever franchise for portion OF
route shall expire and the street car
company shall thereafter run any car
over that portion of the line. II snail
by so doing enter into new contract
with the city. This new CONTRACT
shall provide for rate OF fare OF
three cents, Ave tickets TO be sold for
Is cents.
Judge Swan did not go fully into The
merits OF the ordinance In his decision,
although he commented on it's prob
able illegality.
When the ordinance was up before
the council. the Title Il Guaranty Co.,
of New York, representing the bond
holders, asked for a restraining order.
which was granted then, and for .
permanent Injunction against th3
council forbidding the passage OF the
ordinance; which Is refused by the
decision Monday.
The corporation counsel demurred
to this complaint of the Title & Guar.
anty Co. and the ID. T.. r., alleging
that there was nothing within the
jurisdiction of court OF equity and.
secondly, that the court had no right
TO restrain the action OF the common
council In performing a legislative
function
No Right to Pass OF Ordinance.
Judge Swan held that there was q
right OF equity set up, but agreed that
he had no right TO pass on the ord
nance until 1t was passed.
1T Is said that the council Is att
tempting to exercise powers not grant
ed IL by the legislature" said tho
Judge" When the council does pass
the ordinance. 1t Is time enough To-
proceed. The fixing OF rates OF fares
is a Legislative action. 1t Is a general
rule that legislative acts are not fll-
ject to injunction. To this rule I adj
here"
The Judge stated that he questioned
the right OF the council TO impose such
regulations and admitted that he did
not regard the ordinance as within
the scope OF valid legislation. but said
he would not take up this feature.
"This clears the atmosphere" said
Mayor Thompson when he heard Of
the decision. 1T Is victory that the
city council can pass the ordinance.
We are one step ahead. There is al
ways certain amount OF legislation
necessary In anything and the de-
cision OF Judge Swan advances us just
so much.
"He is disqualified from acting.
understand am told that In his de-
cision, he gave his opinion that thu
ordinance Is not valid. We don't want
him to try the case when It comes up.
after the ordinance Is passed"
Twill you ask for change of venue
| to another district was asked.
THAT Is up TO the legal depart
ment," replied the mayor.
Tells Judge Swan to Hurry.
Judge Swans decision comes ON
the heels OF the following letter which
the mayor sent to the federal judge
at noon Saturday:
February 2sth, 1908.
SIR.--In re Title and Guaranty COM
pany VS.. the Common Council OF the
City OF Detroit eft al.
As the mayor and chief exscutfys
officer OF the city of Detroit. whose
ma look after the Lnterests of the
people OF this city, l write you. A.
their official representative. to inquire
when you will decide the question OF
the dissolution of the injunction. tenn
porary In It's character and name. but
In execution prohibitive. now pending
before you
beg to say. that have no desire
to inquire as to the complexion. color
or cast of the decision. but you now
have had this matter before you and
under your consideration these many
months.
submit to you that there IL no res-
son why this case should not be de-
! thus speedily disposing OF the case. I
beg to remind you that by the Laws OF
Michigan which you are supposed e
follow as closely as you can. courts q
decide all questions submitted to them
within three months--a requisftton
they comply Win In nfnety~uNe cases
In a hundred, at least, and perhaps In
still a larger percentage. still. even
Where the courts Of this state do not
comply with this provision, obligatory
upon them by their oath OF office. II 10
only In tenderness TO the sutton. who
should not be deprived Of Substantial
rights. or punished by reason or Judi
clal negligence. that this law has been
held directory rather than mandatory.
The injunction OF your court gives
20 complainant all the RELIEF u
| vents and IL Is willing TO walt. II
you think that complainant IL entitled
to that. say so. Please enter your de-
cree-we will waive the opinton---so
that ~ can be tested, az 10 whether IL
II right or wrong, at once.
The citizens OF this city want the re-
| lief which your action. and the action
OF your court IL depriving them Of BY
its Injunction. The future OF the city
itself IS affected by your delay, and
I beg 20 remind you, as one eitixen 20
another that ] am informed. that Il -
a legal axiom that judicial relief. with
held or delayed, Is denied.
Hoping that / may be favored with
an answer Indicating the time OF your
decision. even n unfavorable. beg 90
subscribc myself with the most pro-
found respect and consideration -
Yourself but az the city Of Detroit's
Representatives and spokesman.
WILLIAM 3. THOMPSON
Mayor OF Detroit
To Hon-ft1urF IT. Swan unttcd Sfatcn
i pletrici Judge Eastern District Of
arl.Lla.. nIx<I1I1 I||