The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1910-07-20
MOORE PLAN VOTE
'GAlN Goes OVER
Council Votes To Await Courts De-
cision in Mandamus Proceeding
Hally Tames link.

ship plan TO the people at sP0N'"'
election Aug. is, was tabled Tor an
other week by the common connci
Tuesday night, pending the outcome
OF the mandamus proceedings INST
tuted In the circuit court.
This action was evidently against
President Glinnan's wish, az ne re-
corded HIS own vote against IL. TO
eather with 10 others. Nineteen Noted
for weeks delay.
As soon as unfinished business Was
taken up in the council meeting AID
Goeschel moved TO take the resolution
from the table, and then moved that
n he adopted. Aid Trevor moved 10
amend by making the date Aug. 70, SO
that all OF the dozen or so proposed
charter amendments would be In shape
for snbmisslon at the same time.
Aid. Allan expressed objections 20
mourning the expense OF special elec-
;ion. and moved To amend by deferrng
the vote till the general election. lie
was seconded by Aid. Vernon. Chalr-
man Gilman then attempted to put
the question 10 a vote without further
discussion, but several aldermen
wanted to be heard.
Aid. owen then moved TO table for
one week. and called for Corporation
Counsel Hally.
Nothing would legally interfere
with the passage OF the resolution
now" said Hally. IF the courts
granted an Injunction next week, moth
ing In particular would have been lost.
Courtesy to the court, however, would
probably dictate that the matter be
allowed to rest till at least the local
court has acted"
Il hope It Is not laid over" insisted
Goeschel. 1--WE have a petition here
from $4,000 people, and we should
listen to their wishes first"
Tbs amendment to table for week
was then put and carried. those voting
on the aye side being Allan. Deimel,
Field. Frefwald, Garyey, Grindley, Gut.
man. Konkel, Korte, owen, Rosenthal,
schultz. Shapland. Theisen. Thomp-
son. Trevor. Vernon. Walsh. Zoel!er.
Those voting nay we're Ellis. Goeschel,
IIarpfer, Lempke, Reinhardt. Rutter,
Skryzcki. Tossy, Watson, link Gin
nan.
The Judges OF the circuit court sit
ting en- banc, refused Monday to con-
mandamus against submitting the
Moore plan to vote, stating that be,
fore proceeding the presence to the
X action OF the attorney general was de-
kIrable. This amounted 10 q dismissal
OF the petition and the council could
have gone ahead and passed the plan
TO vote.
One other important street railway
M Init ION
prepared by the corporation counsel
TO declare the last section of the Belle
Isle & Fort Wayne franchise, embrae-
inr the FOREST. line. vacant. and 10
Increase the rental charged to sthe
ID. u. r. from $3.50 to- $500 day. Cor.
pufation Counsel Hally explained that
in the press OF business he had let
one council meeting slip by, and ask
ed Immediate action under suspension
or the rules, so that notice could be
served on the railway company be-
fore the franchise expired. Aid. link
raised hot protest against what he
termed railroading the resolution
through before even the members OF
the franchise committee, OF which he
is n member, had a chance TO know
what II was about
Hally had his fighting clothes on
and told link that he had informed
the committee all about II when the
first resolution to charge the ID. u. X.
rent was proposed. link declared
that what Hally said was untrue, and
the two had a hot time, until Aid.
Owen, who also had objected, explain
ed the matter to link and withdrew
his opposition. The resolution was
IasSeL and reconsideration barred.
TIE corporation counsel sent to the
council his reply to three questions
submitted to him last week by Chair
man HARPER OF the franchise commit
tee. regarding the submission OF the
Moore plan.
Harpfer's first question was as TO
whether the whole measure would be
inyalidhted II some of the sections
were found illegal. Hally's reply was
IN the negative. He gave the same
reply to the question whether, II the
legislature should find II necessary TO
I amend the law In order to permit con.
domination OF property, Il would be
necessary TO hold second election.
The third question was as to wheth-
er II 's mandatory for the council TO
submit an illegal charter amendment.
Haiiy very distinctly told the council
That II was the province OF the courts
ana not the common council to deter.
mine the law, and that IL would be
.presumptuous on the part OF the com
mon council to hold or declare a law
unconstitutional.
When the initiative Is presented
the action OF the council il denied
by the home rule bill. Il has no right
70 hesitate or question. It's duty is
plain and simple TO submit the nrono.
sition to the electors n II becomes
a law under this vote. the Legality of
Il may be inquired into BY the proper
tribunal"
The reply vas received and placed
on flle.
Chairman link, OF the lIauor repu,,.
ton committee, introduced three reso.
lutions for refunding the license fees
where a second payment had been re'
uuired because OF removal The hors
FOR this procedure were let down when
resolution was made refunding tha
fee to the widow OF st. Aubin.aye
saloonkeeper. and another was intro
duced to refund To the widow of for
mer Aid. Fred Mohn. of the Fifth
ward The three present applicants
we're; William Burt. moved from 40.
cIay.ave. TO 2S Michigan.aye. paid ar
extra $Ii6S7: Arthur OIeary. 81!
NIichigan-ave., To $40 Mlchigan.ave
S45SSs; l. r. Van hoffman. 1I47 a
1877 Nj Elliott.avp y4I62- Ala