The Detroit times., 1910-07-26
MOORE PLAN IS
H0TLY ATTACKED
Declared Unconstitutional and
Dangerous by Attorney Spalding, in
Court Proceedings To Test Validity.

Judges Mandell. Hesmer and Rob
merit, sitting en- banc, heard arguments
Monday morning on the petition or J.
L. Hudson. George II. Barbour and
Others for a mandamus compelling the
city council TO show cause why II
should not be enjoined from submit
ting the Moore municipal ownership
charter amendment to vote OF the
taxpayers. The proceedings are in the
nature OF test Of the validity OF the
Moore plan, and whatever the decision
OF the circuit court. an appeal Will be
taken to the supreme court.
The petitioners were represented by
Hinton E. Spalding and A. C. Angel,
white Corporation Counsel Haf1y and
Assistant Edmund Atkinson represent
ed the city.
The argument was opened by Mr.
Spalding. who attacked the constitu.
tionality Of the home rule bin and the
three reasons for lis stand. He
claimed. first. that the Moore plan,
which provides for the management OF
a municipality owned street railway
system by q commission OF five mem.
bers, Is too arbitrary and extensive In
that 1t is mandatory. requiring certain
things which the home rule bill does
not provide for. The Moore plan was
thus, he contended, broader than the
home rule bill, and for that reason
invalid.
Mr. Spalding claimed that the finan-
cial and bonding system as proposed
In the Moore plan was decidedly
dangerous and might bankrupt the
city. The Moore plan, he argued.
provided for the issuing OF bonds for
street railway purposes In any amount.
with no provision for their sale. In
that way, he said. II was possible that
the bonds might sell at so per cent be-
low par No provision was made.
either, for a vote OF the taxpayers on
the issuance of bonds. an omission
which the attorney held was fatal.
He argued at great length, and quot
ed extensively from the constitution
and constitutional authorities In sup
port OF his contention that no bonds
are to be issued, except for few
special purposes and emergencies,
without the consent of three-fifths OF
the taxpayers.
Mr.. Spalding's third reason was
that the home rule bill does not pro-
vide for cities acquiring and develop
ing street railway properties by con-
domination, but does provide that such
properties be purchased. Under the
Moore plan the city may purchase,
condemn or build a new system.
Judge Mandell: Suppose the city
voted to buy the property OF the d.
u. R., and the company refused to
sell, could 1t be argued from that that
the vote authorized condemnation
proceedings
Mr.. Spalding: The question here
is not OF general policy, but Of specific
purpose. Condemnation proceedings
could not be submitted TO the voters,
because the cost could not be com
puted."
Mr.. Spalding was followed by Mr..
Angel, who talked only few min
utes, reserving most OF his argument
as a reply to Mr. Hally. He argued
that the whole proposition OF the
Moore plan is irregular until the char
ter has been revised. He held that
under the present act, cities could not
adopt municipal ownership without a
revision OF their charters, but villages
were not so limited, revision being
unnecessary. Mr.. Angel made fun
of the provision that charters be
amended by commission OF non
partisan membership. He said IL was
impossible to select non-partisan
commission for the very reason that
the commissioners are TO be selected
at the primaries where a man must
disclose his politics before he can
vote.
Mr.. Hally had talked but few
minutes in reply. when court adjourn
ed until Tuesday. when the hearing
will probably be concluded. He
launched out into a defense OF the
financial features Of the Moore plan
which had been attacked by the com
plainants. Admitting, he said. that
the bonds sold at so cents, as the at
torneys on the other side said was
possible, Il would be necessary TO Is
sue more bonds and raise the amount
of cash required, and such an Issue
he said, would not be a. debt against
the city. but lien on the street rail
way property.
"The question OF the advlsability OF
issuing bonds would be entirely In the
ban ds Of tho commission' Mr. Hally