The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1910-07-20

the Porter Farm. the particulars OF
resolution and II the ordinances OF the
City OF Detroit. would expire ON June
80. 1910; and
whereas. said resolutions expressed
the truth, and said franchise. rights
respectively did on June AZ. 1910 and
June 90. 1910. cease 10 exist; and
Whereas. The Detroit United Rail-
way enormously assumed that by the
passage or said resolutions the City
OF Detroit was making IL an offer
which IL was free TO decline and ne
gotiate for other terms. did ON July .,
1919. and In a communication To the
Common Coup III. did decline TO accept
the terms In said resolutions contain
ed: and
Whereas, There IL now pending In
the Circuit Court OF the United states
for the Eastern District OF Michigan,
southern Division. case entitled.
VS. city of Detroit and others. which
involves the validity OF an ordinance
passed by the Common Council OF the
City OF Detroit and commonly called
among other things, prescribed the
terms and conditions under which a
street railway might continue 10 oper-
ate ears %hsn s sad %nsre us and
Whereas, The Court has issued
temporary Injunction whereby the CITY
OF Detroit its agents, servants ana at
torueys are strictly restrained ana en-
Joined from publishing or attempting
10 publish that ordinance and are like
wise enjoincd from enforcing or at
tempting 10 enforce by any means
whatsoever he said ordinance: and
Whereas. said ordinance is-without
force or effect until published and IL
Is the duty of the city or Detroit 10
respect and obey the mandate OF the
Court; and
Whereas: The Franchise right OF the
Detroit United Railway as the success
sor in title 10 operate a street raliway
~ sfE Mt hAkyinnlnE "a
avenue; thence westerly TO Artlllery
avenue. will have expired on July a.
1910, and the city OF Detroit has grant
ed no franchise right TO operate cars
after July %, 1910; and
Whereas; All of said streets and por-
tions of streets would after July 20
1910. be subject to the terms and con-
ditions OF the Hally Ordinance. ~ the
same is a valid enactment ana Is ac-
cepted by the Detroit United Railway
and
Whereas; No term franchise or agree
ment under the revised constitution can
be valid or binding unless the IRAN
chise or agreement shall have hrst re-
ceived the Affirmative vote OF turse-
fifths of the electors or the city anu
Whereas Under the revised constr
tuition every street railway company IA
denied the right to h use th nscss OF any
city without the consent or th2~uuly
constituted authorities of such city,
and is denied the right TO transsct
local business in the city without hrst
OBTAINING franchise therefor from
such city;
Therefore be IL resolved, That upon
the following terms and con dlti,ons ana ana
Upon no other, consent. permission ana
authority Is hereby granted To the De
troit United Railway to continue from
day 10 day after July "a. 1910, 10 OPP
crate it's cars Ipon the streets and POT
lions of streets last above set rorth
as well as the streets and portions OF
streets set forth in said resolutions OF
June Ii and June Il. 1910, under the
same terms and conditions. except as
TO percentages on gross receipts, now
prevailing In the city OF Dettolt
whether due TO contract asreeh1Snt ~
not. upon the payment by the Detrole
United Railway 20 the city Treasurer
OF all sums and demands speclned py
the resolutions of June IL ana June
21 1910. and which have not peen paiu:
up 10 aud including the gath day OF
July 1910 and thereafter upon the
payment weekly by the petrolt uhi.
ed Railway 70 the CITY ssSnn noIl
lars for each day that the streets anu
portions Of streets last above SCI LoFt.
as well as the streets ana portions ~
streets set forth in said resolutions oI
Junc IA and June 81, 1910, are USED by
said Company in the operation OF lts
railway or railways, and eNcep! uPol'
the foregoing terms ana ,Snriry are
n. reby refused and denied; ana
Be IL further resolved; That this reso-
luton Is subject to reyocalIon S o. nj,
or of ;he People Of the City OF DETROIT.
Adopted as follows: ,,,,,.
Yeas-Ald Allan, Burton. Deimel Eills'
I E1eId; fr GrIndiey. Gatmsn, HARPER,
Keating. Konkel. Korte, Lempke; owen
Reinhardt. Rosenthal, Rutter scnuals'
Tossy Trevor Vernon, Walsh, watson.
Wing. link. zoeller. and the President
Pro Tem.--3S.
Nays--None.
RECONSIDERATION.
Aid Ellis moved TO reconsider the
vote by which the resolution was
Kid Vernon moved TO, suspend Rule
poning the motion to reconsider, when
motion prevailed as follows:
Aid Wipg was s excused p ef1m EiIis.
ri esss freiRald anr' Gilman. aaryey.
Goeschel, Grindiey. Gutman. HARPER
Keating, Konkel. Korte. Lempke.
Owen RsinhSrGtd k sSssTeR Theisen
Thompson. Tossy. Vernon, Walsh, Wat
son, link, Zoeller and the President
Pro Tem;--32.
Aid. Ellis then moved that the
motion to reconsider be indefinitely
postponed. which motion prevailed as
Yeas~Aid. Allan, Burton. Deimel, Ellis.
Field Freiwald. Carney. Goeschel'
Grindley, Gutman, HARPER, keauns'
Konkel, Korte. Lempke. owen, Rein-
hardt, Rosenthal, Rutter, Schultz, snap
land. Skrzycki. Theisen, Thompson.
Tossy, Trevor, Vernon. Walsh, Watson.
Wing, link, Zoeller. and the President
"a.
Nays--None.
The regular order was resumed.
SIXTEENTH WARD.
Rasoived That Peter Schneider, col
Dix-aye.. be and is hereby appointed
Registrar OF the Third OF the sixteenth
WARD in place or Louis j. breaui''
who has removed
Adopted as follows: -,
Yeas-Ald Allan. Burton, Delmel, FL
lis Field, Freiwald, Garvey, Goeschei'
Grindley Gutman. HARPER keating.
Konkel Korte, Lempke. owen, Kelh-
hardt, Rosenthal. Rutter. Schulte'
Shapland, Skrzyski, Theisen, thompson
Tossy Trevor, Vernon Walsh, watson,
Wing. link. Zoeller. and the t~esiaeht
ga.
Nays-None.
BY Aid. Konkel
Resolved, That the Department OF
Public Works be and Is hereby re-
ouested to cause the drainage 10 De
nut in proper condition at the alley
north of Buchanan-st between thirty
First and Thirty Second sts.
Adopted.
BY Aid Konkel:
Resolved, That the Department of
Public Works be and Is hereby re-