The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1910-06-15
DUR SPERPETUA[
RIGHTS CLAIM
Y ASSA|lED
Road Can Operate Only on Terms I'm.
osed BY City, Corporation Counsel
declares in Answer Filed in Hally
Ordinance Case.
President Hutchins Says Company
Won't Accept "Fifty's" Measure,
a Based on Bancroft Appraisal.

The Detroit United Railways con-
tention that its rights In the streets Of
'etroit are perpetual. subject only to
easonable regulation by the common
council. is vigorously assailed In q
luminous answer to the companys
ross-bill In the Hally ordinance case.
lied by Corporation Counsel +. j. VI.
ally In the United States circYit
curt. Tuesday morning. This was the
ait started by the Guaranty Trust Co..
New York, on behalf OF the bond
)lders OF the ID. ". r. against the rail-
way company, the city of Detroit and
others to enjoin the publication OF he
. Haily ordinance. The temporary III
junction granted by Judge Swan many
months ago is still In force.
Mr.. Hally's answer Is largely a repe-
tition of the answer filed To the orig
inal bill OF the Guaranty Trust Co.
But paragraph 10 Is entirely new,
dealing, as II does. with the company's
perpetual rights theory Mr. Hally
takes direct issue on this proposition.
asserting positively that the company
has no public duty TO perform where
It's rights have terminated" as the
company contends
The answer denies that IL is a part
OF the public duty OF the Detroit Unit.
ed Railway, so long as II maintains and
owns said tracks. and so long as the
city OF Detroit intends TO have street
railways operated on said streets and
parts or streets, TO operate It's cars
for the transportation OF the public
end Tor their convenience, comfort and
welfare; that the city of Detroit has
attempted or Is about TO attempt TO
Impose upon the Detroit United Rail
way, rules and regulations confsca.
tory In character. the terms and con-
ditions or which. IL enforced. would rem.
der the operation of said lines and
routes Improbable and cause them TO
De operated at loss; that the rules
and regulations proposed by said Hally
ordinance are confiscatory In charac-
ter; and that said Hally ordinance il
| unconstitutional and void"
With reference TO the Detroit United
railways claim, set forth In Its cross
IN. that II has public duty to per.
for5a where It's rights and franchises
have expired, Mr.. Hally. In his an
swer. Nsserts that the city of Detroit
intends TO have street railways oper-
ated on b. streets and parts of
streets only upon the terms and con-
ditions that II nay see At to impose"
II is admitted that the ID. u. r. canno;
be compelled to accept the terms and
conditions imposed by the-city. but its
right TO continue to operate cars con
,trary to the terms of the ordinance Is
specifically denied.
As to the ID. u. RS claim that the
terms OF the Hally ordinance would
render the operation OF the lines UNI
profitable, Mr.. Hally asserts that this
IS merely an expression OF an opinion
In advance OF any actual experience os
to the practical operation OF the ordn-
ance, and he expresses the firm be-
lief that the operation Of cars under
the ordinance would result In an in
crease In revenue.
Mayor Breitmeyer was not ready
with an announcement as to his next
move toward solving the street car
question, Tuesday morning. notwith-
standing the fact that he had dreamed
over Mr. Hutchins' letter. He quite
agreed with the president Of the ID.
L. r. that there should be no long
term contract and intimated that he
might consider taking up with the
company the proposition Of day 10
day agreement The great stumbling
block In the path of the mayors ectiv-
tiles for a settlement seems to be the
difficulty in arriving at proper val
uation of the company's property.
Mayor Has Plan in Mind.
"T will have something ready TO
submit to the council next Tuesday
night, according to present Plans
said the mayor. Tuesday noon. Il
have a plan in mind. but am not at
liberty TO talk about 1t as yet | am
IN hopes, however. that | can give
out the details about Thursday or
Friday, perhaps sooner. In the mean
time | can say nothing"
Engineer Bancroft appears to be
greatly amused with President Hutch
FMS letter. especially with that por-
tion OF II attacking him.
MIR. Hutchins is playing a very
4. Il