The Detroit times., 1910-10-05
COUNCIL



II Continued From Page Fourtssn)
lstive regulations, ana those would
. this situation prevailed when the re-
q viood constitution became law. and
all previous snactments In conflict with
Il were. modified or repealed by II; that
signed to be conferred upon cities and
among the Important sections looking
f, 60 this end II Section rs OF Article 3.
which provides that mo person; par.,
operating public utility shall! have
the right TO the use OF the Highways.
Strsets. alleys. or other public places
wires. poles pipes. tracks or conduits
without the consent OF the duly con :
stitusd authorities Of such city. VII
lage or township nor to transact 10
cal business therein without hrst op.
tanning . franchise therefor from such
city. village or township. The r,sn' 90
the reasonable control OF their streets
served TO such cities. villages and
townships:" that II the City has any
power In the prsmises II must De fouhd
In this section. While q consu.1 on,a
Cd by the people In their supreme law
making capacity, IL nevertne,ess
ssubject TO the same rules OF inter-
probation which govern IN the case com n.
stitution 10 generally prospective. "
necessarily applies to the future OF
60 events which may happen 10 inc
future. This is 10 unless tho law IN
plain and ambiguous terms has a dif-
]. {ersnt purpose; that Section Is OF Al
~ticle Is not difncult TO understahu'
there IL no ambiguity In IT. .r
3 10 the cities. villages and townships
ana Il divests the Legislature Oh a
power previocS-, opposed IN anu os
srcised by that BODY; that this xrap' -.
future, and those now operating
public utility In the streets; that hos
only must they obtain the consent ~.
the duly constituted autnorn nt those OF
them who transact local business Va
n he city must obtain franchise rom
that city. That the broad power Oh
regulation once held by the Lesis'a,
ture now belongs to the constituted
authorities OF the locality ana ID 10 %
exercised by them In fair ana I'M
partial manner; that whatever tne osa
isiaturs could have done TO inpross
the public service of those enterprises
or 10 render less burdensome tneir oc-
eupation Of the public domain may nov, nov
be done by the local autnorres' Ma Ia
both OF the telephone companies mere
NOW heated are transactins iosa aI
business In Detroit. and unuer III. ms
provision II will be competent TOT VIC
Common Council TO sor iTame regulations
and control OF this business. but the
proposed ordinance must not IN any
way Interfere with the inters,ate or
ionw distance business conducted oy
these corporations and the regulation
muat be such az Will not unouiy
Hamper the enterprises or IN anywso
connscate their property. put a ,Ia
sonable rate and reasonable regua-
ton may be imposed In view OF tne
opinton given by the Corporation
Council. your Committee RECOMMENDS
that he be directed TO dratt s an
and control OF the local telephone Dust
syness following the lines and susses-
lions laid down In his opinion ana u,.e
\ ne be authorized to employ s.. sI.h ssra
texpert services not to exceed the sum
IN n. 600 and we therefore oner the
Respectfully submitted.
GEO. II. ellis.
~ ~ A. J. WALSH.
y WIN. KOENIG.
JOHN GRINDLEY.
VIM GUTMAN,
ALBERT +. ALLAN,
A. A. DElMEL,
OTTO G. GOESCHEL+
JOHN c. GARvEY.
Accepted, and on leave the ioho"'Hs
resolution was offered
BY Aid. Ellis: r.,,c
sci be and he IL hereby authoIisec .mu
empowered to employ such expert ser,
vices az may be required by him IN
drafting the ordinance referred 70 81.
the above communication, providin8 10,
/, tho reasonable regulation and controi
Of telephone companies les 9 Spr sb purn
sne 80 eying A reasonable rate to DC
Charged Osr by the telephone companies Tor
furni.hins .ery .rsio. the not 10 exceed
srn .,,u Of 81 .OO0 which said sum tne
Controller IL directed TO pay on vouen-
ers duly approved. out OF the Coh'ih
Aid. Koenig was called to the chair
Yses-Aid. Allan, Burton. DeImei'
r,,i,. Tieid Freiwald, Garvey, Gin
nan. aoesshsi, driG KosEel. a1 Korte.
nsIpie.' ostrowski Owen, Rosenthal,
b In,ter Schultz. skrzycki. Theisen.
Thompson, Tossy, Trevor. vern ,h.
walsh, Watson, link, Zoeiisr Al" '"e
4, President Pro Tem-Sz.
Nsys-Nons.