The Detroit times., 1910-07-21
This Decision Nay
Also Be OF Interest To
The PetitiOning Six
Il Was Handed Down In California
But Hits the Detroit Nall
equsrely On the Head For
a Common Sense
View.

horror at the suggestion of acquiring
railway city operation by the people
supreme of California the Judges
sitting en- banc in of Geary street railway.
Francisco voted the Gay street
railroad.
The validity of this action by
Of expired franchise ground that the provisions OF the city
public ownership proceedings were taken was in
violation Of constitution
The superior decided in favor of the city
The similar to that in Detroit to the ex
tent that form of home California which the
city power amend their charter provide for the ur
public utilities other which the legislature
itself might authorize by direct vote.
This power attacked by the plaintiffs
whereupOn said the ptiOnng six will please note
I've do not understand claimed that the state
NAY NOT INVEST ITS MUNICIPALITIES WITH THE POWER TO Ac
oURE OPERATE SUCH PUBLIC UTILITY generally
owned or operated city public service
TONS gas electric light works street railways etc.
e existence proper such utilities cities clearly
public affairs relate closely to the webeng safety
health advantage inhabitants thereof and
well legitimate functions of government
the welfare of the inhabitants OF
city municipality itself acquire and operate for
their benefit any utility be dependent solely
ON the establishment operation thereof by private corporation
person THERE CAN BE NO CONFER SUCH
POWER THE MUNICIPALITY.
works and artificial light works TINS
power has long municipalities sections of the
this particularly true in California We do not under
stand that right municipalities with such
has ever doubted.
THERE rs NO MATERIAL DIFFERENCE BETWEEN AN ARTI-
FTCIAL LIGHTING PLANT TO SUPPLY THE INHABITANTS WITH
LIGHT AND STREET Both matters pertaining to the
internal affairs of state which has absolute
1T is purely question policy each what shall be
the extent which the political
stations shall possess"
The point the California court wall which those
whose eanings capital and the corporations are up
against
point and it the angle from which
the question the community who have placed side by
aide an efficient light reasonable rates and sadly
deficient street car exorbtant rate Of fare
And the view supreme California must be the view Of
the highest Michigan should the matter be taken there when
es. citizens have registered choice that this important public
utility be owned controlled by the people themselves
The comunants in the San ontendd that to
construct line in Gea the city would need to parallel the old
line for more than 10 blocks thing forbidden California but
not n Michigan
This is met by supreme declaring that where the franchise
has expired piece of track not to be considered as an existing
railroad and the municipality ahead if not there
The Gea railroad fight commenced about IA when
the franchise had still years The company sought
years. spent much campaign but de-
feated by heavy majority.
The municipal ownership resolution last December adopted by
q vote Of 81 900 to 900.
The opponents Of municipal ownership by of legal
delay municipal ownership Detroit but they
not head it off,
The San simply evidence of the sentiment broad
cast N the country.
From Another Point of View