The Detroit times., 1910-01-25
WHACKS CROULFOR
FLOODING COURT
WITH PETTY CASES
Judge Phelan Says Little Common
Sense Should Be Used in Making
Complaints for Violation of
City Ordinances.
Policemen, Robbed Of Their judy
ment in This Matter, Are Simply
Messenger Boys, Jurist Declares.

After Diminishing three successive
ordinance complaints against team
sters, who were hailed to court when
they should have received medals for
care OF their horses, Recorder James
Phelan loosened a set of overstraiped
Hood gates, and said a few things
about ordinance complaints in general
Monday morning.
One teamster haG been complained
against for driving on the wrong side
of the street" Testimony showed
that he was driving load of iron
along double tracked street, on the
right-hand car track, after the big
storm. A street railway snowplow
had cleaned the tracks, and thrown
mountains OF snow up on the high
way. When a car approached, the
teamster swung his team from the
right to the left track. and police
man complained against him for that.
charging that he was on the wrong
side OF the street. The driver ex-
planned that IL was impossible for him
to turn into the highway without be-
ing stalled. The judge dismissed him.
Then came tcamster, charged with
falling to draw his wagon close to the
curb before stopping. The driver ad-
nlitted that he had stopped some
distance from the curb, but said that
he was not blocking traffic as there
was room for two vehicles to pass
abreast beside him. Between mis-
wagon and the curb was sheet OF Ice
across which he could not drive his
horses with safety. This case was
also dismissed.
Next came a Tcanlster who failed to
stop when signaled by traffic officer.
But it happened to 0c in the midst Of
the almost binding blizzard, and the
teamster was driving into the teeth OF
IL. Sc swore that he didn't see the
officer. as he was blinded by the snow.
The officer admitted that such might
have been the case. This case was
also dismissed.
Judge Phelan was in anything but
cheerful mood by this time.
THE city ordinances should be
obeyed by every one" said the judge,
but there should be a little judg
ment used in making the complaints.
Every one OF these teamsters violated
the letter OF the law. Every one was
complained against. but in violating
the law, the teamsters used good judy
ment. They couldn't have acct
otherwise without brutality to their
horses.
But that's the way the ordinances
are being enforced. The policeman
il not given the use of his own discre-
ton, and If a policeman simply makes
complaint, without using his own best
judgment as to when to do 1t and
when not to do IT, he is nothing but
messenger boy.
I'VE have had 5000 ordinance cases
since last July. | challenge the wis
lom of dumping this flood of ordin-
ance complaints into the courts.
IF 1t is done to impress us with
the fact that we are living under the
benign reign of Philip the First, 1t has
been eminently succssful. But | can't
see any reason for II.
The courts have tried their best
to cooperate with any effort TO enforce
the rcity ordinances. We have been
here at $50 o'clock in the morning,
TO allow citizens to get back to their
work. and the policemen to get back
on their beats. We have heard 5000
ordinance cases. many OF them petty.
trivial cases, but there Is no sign OF
n letup. and the cases are pouring In
here without the least display of judg-
ment or discretion on the part OF the
officers.
Its all right to enforce the ordln.
ences, reasonably, but where every
technical breach is made the subject