The Detroit times., 1908-01-20
RAILWAY IS AGAIN
GUILTY; PHELAA
R0AsTS COURTS
eLAMEs HIGHER TRIBUNALS pou
UNJUST RESULTS IN DEALING
WITH WEALTH, WHICH HAVE
BECOME ALMOST iNroLERABLE.

Judge Phelan. OF the recorders
court. again finds the Detroit United
railway guilty OF violating the ordin-
ance relative to the sale OF working
mems tickets in Fairvew, and gives
the railway five days In which to com
ply with the ordinance.
The facts In the case are the same
as In the previous action against the
ID, Y. r.. which claims that the Detroit
ordinance governing the sale OF work.
lngmens tickets does not apply to
Fairview. recently annexed, I'm which
village the company operated under 4
straight five-cent fare franchise be-
yond the city limits.
A second decision of the case was
made necessary by the annulment Of
the original act annexing Fairview
as unconstitutional and the passages
OF second act at the special session
or the legislature last fall.
The decision handed down Monday
is based on the disposition of what
the recorder holds to be parallel
case decided recently in the supreme
court.
Judge Phelan hands the high courts
OF the country jolt, In the course Of
his opinion, for what he terms he
fine distinction often drawn where the
lawbreaker is wealthy. saying:
"For myself, 1 look with suspicion
upon the fine-spun threads Of reason.
Ing that the average man cannot COM
fredericksburg he deslre to read
them--and which In the end lead "a
the sustaining of unjust results and to
unfortunate and unfair endinqs; the
same having become so frequent ~ 70
be almost intoierabIe, and have caused
presidential interference where the
lawbreaker Is possessed Of great
wealth and influence"
The decision in part Is as follows:
In late case decided by the Supreme
Houghton County Street Railway Com
i,any. ID. I. ~. SO, Vol IA. d. Ell. Mr..
Justice Hooker. speaking for the Court
general ordinsces in a city. governing
hind taken into the municipality. after
the passage or ordinances and where
be sossn be, 10 yrn
disated upon its omission 10 conform
the speed Of it's cars to the maximum
speed I permitted by the ord ord q
DEAN 80 pertinent that f.qnete brieAy
ffoln the opinion: s'g
Counsel FOR defendant assert
that IL was error to allow the COM
planning witness counsel to Introduce
the ordinance OF the Village OF Han
cot restricting its right 20 run Its
Gals faster than eight miles an hour
Within the limits OF said village The
place where the plaintiff was injured
was not within the village at the time
the grant was made. and defendant
ACQUIRED it's right TO construct and
optrate its road at this point from
other sources. Defendants counstI
80 claim that the ordinance did not
become operative as 20 that locality
by the subsequent extension OF the VIII
lage limits Tn other words. their con-
tention Is that the defendants might
ance with It's vested right acquired
from the outlying township. subject to
the obligation OF complying with such
police regulations as should he made
by the village after acquiring turfsdic-
tion or this territory. Its grant was
made under G. Ia Sec. s446. which pro-
vldes that any such company may con-
struct. etc, their road In and along tho
streets and highways or any TOWNSHIPS
adjacent to said city or village upon
agreed upon by the company and the
township board OF the township II ~
a general rule that general ordinances
applies TO all territory within the cor
porate limits at the time OF It's pass.
age, and becomes effective In additional
Territory when such II attached.
Judge Phelap then adds:
II negligence may be predicatsd upon
non compliance with ordinances cover
ing subsequently acquired territory. Of
municipalities In favor OF the pas
senger. 7 fail 70 see any reason. which
will defeat the passenger from having
the benefit OF contract made between
the people OF the City OF Detroit and
the defendant. for Its citizens, IN tho
granting of the franchise sought TO be
enforced fin this proceedings. ana ~
such distinction be In fact declared to
exist, ~ only adds to the ground ~
ten drawn by courts In This country.
with the desire to display mental In
aenuTty which results In much fn5us-
tIce notwithstanding their elegant res
goninE.