The Detroit times., 1910-07-06
nAltf files HOT.
ANSWER TO THE
D. U. RS B|tL
Says Company, Having Violated
Terms Of Three-cent Lines
Franchise, Hasn't Right To
Charge DerelictiOn.
Points Ont Various Ways In Which
Railway Has Failed To Live Up
To It's Obligations.

Corporation Counsel Hally-e0nfes
back at the Detroit United railway in
characteristic style in -red-hot an
swer 70 the company's petition for a
mandamus to compel the city to re-
pair the foundations under the tracks
OF the three-cent lines. The answer
was fled IN the circuit court. Tues
day morning, and the hearing went
over for so days to give opportunity
for the framing OF the issues.
The principal points made by Mr..
Hally are as follows:
F1rst-The city has no public duty
to perform with respect to the rail-
ways. It's public duty ceases when 1t
keeps the streets and road beds In a
reasonably safe condition for travel,
and the streets, ne insists, are in such
condition.
Second--It f. impossible at this
time to spread on the tax rolls for
1919 the amount necessary TO repair
the tracks In question
Third-The ID. u. r. is not in q posi-
ton TO come into court and ask that
contract be upheld when the COM
pany itself has violated that con-
tract In many particulars A few Of
these Mr.. Ha1ly cites as follows:
The company did not build the
tracks In accordance with the terms
and specifications OF It's agreement.
The company has neglected to pro-
vide modern cars as called for In the
contract but instead has pressed In
to service secondhand cars from
other lines.
The cars were to be kept clean,
but instead they are always In a
fiitfy condition.
The cars were not to-be overcrowd-
cd, whereas they are invariably jam
med. ais@f ~
The company, without authority,
ahortened the time during which
three-cent tickets are good from s
o'clnck 10 Tao o'clock in the eve
ming, which is not excusable on the
ground OF the change of time from
sun to standard because standard
tine has been the official time of the
state since 1883 and the franchise
was granted In 1894.
The company has never built line
north on Scotten-ave., as IL agreed to
do.
The old Detroit railway agreed to
give transfers to any line that would
transfer with 1t. ALI the city lines
are now owned by the one company
and yet 1t has not been able to ar
range an exchange of transfers with
itself. -
Mr.. Tally denies that the city, In
refusing to make repUlrs, Is acting
capriciously and wontoniy and With a
view of harrasstny and depressing
the poor ID. u. r., aid denies that
this failure has resulted in any se-E
Gus injury either to the ID. u. r. or
the pubic. He asserts, furthermore,
that II the track is IN bad condition.
nc claimed by the company, IL Is tue
iatter's duty TO repair 1t, as the city
has nothing TO do with the track. IL
IS concerned only as 20 the founda.
tionE. In fact, every point raised by
the ID. U. R In its position Is ex-
planned away by Mt. Hally in sweep
ing manner. He does not even aii1it
that the city has q contractual duty
with reference TO the track fonda
ton, but. as previously indicated. in
eists that II such an ALLEGATION ever
existed the city has long been re-
lieved Of It by reason OF the com
pany's open and notorious disTegacr'
OF fts contract Obligations. These
lapses on the part or the company,
Mr.. Haliy contends, are such as TO
render the whole contract made In
December, 1894, absolutely void,