The Detroit times., 1908-03-09
HALLY ORDINANCE
UP TO- COURT ON ]
ITS MERITS
ASSISTANT CORPORATION couN-
Sci SUBMITS MEASURE WITH
OUT ARGUMENT - STEVENSON
SCORES MAYOR THOMPSON.

The Hally street railway ordinance.
passed last Tuesday night and signed
by the mayor. and which purports 70
force the ID. u. II. to lower its rate Of
fare TO sthree cents OF number Cf
lines. is now mp to Judge Swan for ~
cision.
Assistant Corporation Counsel Hal
ly first argued the case Monday mora
ing on the ground thai the Judge had y
TO right to restrain publication OF the
ordinance, "a was done In a midnight
session or court. Tuesday, and then.
In closing. submitted the case on It's
merits without argument.
Elliott G.. Stevenson, representing
the Guaranty Trust Co, OF New York.
holders of ID. u. r.. bonds. met THO
technical points raised by Hally. hoid-
ing that the ordinance is now enacted
and law but that its publication Is .
mere necessary formality previous to
enforcement and prosecution.
Whichever side wins, the other will
Immediately appeal 20 the United
States supreme court.
The hearing was rendered extreme
~ interesting at times by the eneI-
getic denunciation employed by Ste-
venson In characterizlng the rushing
through OF the ordinance as an at
tempt at snap legislation. and his &C.
cusations that the administration has
been lodging n hearing ON the merits
of the case by raising technical points.
HaiIy's Contention.
nj In, txxox fh, or1f
stated that the action OF Judge Swan
in restraining the publication of tine
ordinance was premature. He char
acterized this action as practically re-
pealing a portion of The charter Of tbs
city and preventing officers from do.
ing their sworn duty. Publication Is
as much part OF legislative enact
ment as any other step, he declared.
Stevenson cited case In reply, In
which Judge Lochren, OF Minnesota,
decided that enactment OF an ordir-
ance ended with the mayors signature.
He ridiculed the statement that pub
LEGATION il part OF legislation, 0ys
saying that the newsboy should then
be considered portion OF the legisIn-
tive machinery. He assailed those
| who had criticised Judge Swan for
granting a midnight inlunctiop. s
Regardless OF the comfort OF the
court, II was his bounden duty To
come to court to prevent frreparablc
injury to a corporation or Individual.
he reared. They admit by their con-
duct that this ordinance is bad. But
| 1t Is a good enough Morgan until aftsr
election.
why, IL there was belief that it
was good. was there this haste to rush
II through before midnight in the hope
that one car might pass over the dis
puted tracks and give an appearances
of accepting the ordinance?
I'VE don't want riots In Detroit We
don't want our conductors to have to
arm themselves when the mayor and
corporation counsel say The ordinance
| is in effect, ride for three centss' We
don't want riots incited by officers
whose duty 1t should be to enforce
contract rights"
Stevenson Scores Mayor.
! Stevenson scored the mayor Tor CIV
| ing out to the afternoon papers that
the ordinance was not TO be rushed
through, and then coming into the city
hall late at night to sign 1t. He charg-
ed the administration with evading the
hearing of the case last summer en-
its merits by raising technical ques.
! tons and then said that the Judge had
been criticised for not giving decik-
ion on these points before he had the
briefs in his hands.
In replying to Stevenson. Hally con-
strued the statutes differently, and. la
cidentally remarked that the Judge
1 81 a.. fvf< nm
| favorable TO the ordinance. This Judge
Swan took up. correcting Hally.
| IL saw no reason &c address yorr
honor on a point on which you had
apparently already made up your
mind" said Hally.
Closing briefly Hallv added that he
would submit the case both on the
ground that the judge had no right to
restrain publication. ana also that the
ordinance is good and valid one.
making no argument on the latter
point, which he felt had already beea
tCUvrrTt sunr- time -r-o-by-Ge sFefe-
tion Counsel Tarsney.
| The attorneys for the ID. u. r..
Mcssrs. Donnelly. Van Denmark. Baker
end Speed gave notice that they viii
file cross-file In the case. The Guat-
anty Trust Co. is the nominal conf
rlalnsnt against the city and the po-
lite pretense has been made SO far
| that the Detroit United Railway had
no interest directly with the bondhoid-
ers in the suit BY his references 10
the employees OF the u. u. r. as "our
conductors" however, Mr.. Stevenson
dropped this pretense.
IL may be month or more before
Judge Swan decides in the case. and
publication OF the ordinance will DO
IL strained I'm the meantime.