The Detroit times., 1910-07-20

Southern Division. case entitled:
Guaranty Trust Company OF New York
Involves the validity OF an ordinance
passed BY the Common Council OF the
city OF Detroit and COMMONLY called
among other thingrA prescribed the
terms and conditions under which
street railway might continue TO oper-
ate sars wAss ssS s wnsrs y: .na
Whereas. The Court has issued
temporary Injunction whereby the City
OF Detroit, It's agents. servants and at
torneys are strictly restrained and en-
Joined from publishing or attempting
TO publish that ordinance and are like
wise enjoined from enforcing or at
whatsoever The said ordinance: and
Whereas. Said ordinance Ia without
force or effect until published and IL
Is the duty of the City OF Detroit TO
respect and obey the mandate OF the
Court: and
Whereas: The Franchise right OF the
Detroit United Railway as the success
on Fort street west. beginning at Clark
avenue: thence westerly TO Artillery
avenue. will have expired on July "a.
ed no franchise right to operate cars
on said streets or portions OF streets
after July 20, 1910: and
Whereas; All OF said streets and por-
tions of streets would after July "a,
1910, be subject to the terms and con-
diticns OF the Hally Ordinance, II the
same is a valid enactment and ~ ac-
copied by the Detroit United kaiiway'
and
Whereas: No term franchise or agree
ment under the revised constitution can
he. valid or binding unless the fran
chise or agreement shall have nrst re-
ccived tho affirmative vote or three
hfths OF the electors of the city; ana
Whereas; Under the revised consti-
tuition every street railway company IL
denied the right TO use the highways.
streets. alleys or public Slaces or any
city without the consent OF the duiy
constituted authorities OF such city,
and Is denied the right TO transact
local business I'm the city without nrst
obtaining "A franchise therefor from
such city;
the following terms and conditions ann
pom no other, consent permission anu
authority IL hereby granted 20 the De-
troll United Railway 10 continue from
day to day after July "a. 1910. 10 OPP
crate it's cars ipon the streets and por-
tions OF streets last above set torth;
as we'll as the streets ana p pIa,,,ons OF OF
June IA and June II islo. unoer 'ns
same terms and conditions. except as
TO percentages on gross recsipIs. nj.
whether due 10 contract agreement OF
not. upon tho payment by the Detros
United Railway to-the city treasure
OF all sums and demands speeineq
the resolutions of June II and June
OF ieto and which have not been paid;
I'M 10 and including the 2fth Gay ol
yoyment weekly by the Detroit Unit
ed Railway TO the CITY TTssson Doi-
lie sum OF Two Hundred ttzool Doi
lars for each day that the stree, arah
nortions of streets last above SET lortx
as well as the streets and portions ~
,reets set forth in said resoiutionss ~ w
June II and June II, 1910. are USE ~
saia Company I'm the operation OF lts
rai,way or railways and except upon
me foregoing terms and conaitons.
Consent. permission and authos's
hereby refused and denis mat this reso-
tuition Is subject to revocation aS.,ani,
time at the. will OF the SoHu M trnit
or of The People or the City oi
xsasmAld' Allan, Burton. Deimel. Ellis.
psa,d Ere,waid. Carney. Goeschel.
Grindiey. Gutman. HARPER, Rein.
hardt. Rosenthal. Rutter. Schultz, S nsop
land Skrzycki. Theisen. Tnompson'
Tossy. Trevor. Vernon. Walsh M,s,..
Wing. link, Zoelier, ana 'he
Says-None.
DEMONSTRATIONS.
Ala Ellis moved to reconsider the
vote by which the resolution was
ao 8Id Vernon moved 70 suspend I Rs,e
poning the motion to RECONSIDER ""
motion g prevailed mss as sscnseS from voting
Yeas-Alian. Burton, Deimel, ellis
Field. Freiwald. Gilman, Garysy'
Sossfnsl d KHnnsl Korse. hsmpke.
H,.au Reinhardt. Rosenthal, Rutter.
schultz Teht shapiand. skrzycki. Ths,sen.
ThomPsoHn J Zasiier vs snS the Prssident
Pro Tem;-3l.
Aid. Ellis then mo we indefinitely
postponed. which motion prevailed as
oYens1Ald. Allan. Burton. Deimel. Ellis.
crIndiev Gutman, HARPER. Heating,
konkei. Korte. Lempke, Owen, Eein-
hardt, Rosenthai. Rrtter. schu Thomnsap
T l Trevor. Vernon. Walsh, Watson.
Wing. link. zoeiier' ana the 'ue"'
-33.
Ths regular order was resumed.
Resolved. That Peter schneider, So1
pis,ays be al, and Third II ne Of the sisseentS
Ward in place of Louis ). 6reaui''
who has removed.
Adopted.
Resolved, That the Department OF
Public Works be and Is hereby re
ouested TO cause the drainage 10 u
north Of Buchanan-st. between Thirty
First and Thirty Second sts.
2 Adopted.
BY Aid. Konkel: -.
Resolved, That the Department OF
public Works be and Is hereby re-
ouested TO cause crosswalks TO De cun-
structed at the intersection OF Honn
and Lockwood aves.; and also TO cause
alley crosswalk 10 be constructed on
the south side of Julia -st between
Greusel and wesson-aves.
Adopted.
BY Aid. Konkel:
Resolved. That the Public Lighting
Commission be and Is hereby requested
to cause pole light To- be erected at the
intersection OF Wesson and Roiin,
Adopted.
BY Aid Trevor
Resolved, That the Public Lighting
Commission be and n hereby requested
TO cause arm light to be erected at the
Intersec ton OF Agnes avenue and Parker
avenue.
Adopted.
SEVENTEENTH WARD.
BY Aid. Korte:
Resolved, That the Department OF
public Works be and Is hereby requested
10 cause Chalmers, Marlborough. Phillip
and Ashland avenues TO be graded, the
cost OF same to be paid out of the fund
for grading newly opened streets.
Adopted.
EIGHTEENTH WARD.
BY Aid Zoeller:
Whereas. AS will appear by journal
OF Common Council, 1909, page 1914. II
has been heretofore declared necessary
to take certain property Tor opening
Canfield avenue from Bellevue avenue
70 the easterly city limits: and
whereas IL has been found necessary