The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1910-09-29
FIGHT FOR CHEAP
FA|Rv|EW FARES IS
PRACTICALLY WON
D. q. z. Threatens To Appeal, But
Supreme Courts Ruling Seems
To Completely Cut Ground
From Under Its Feet.
Decision Holds That No Question OF
Contract But Only Construction
Of Ordinance Is Involved.

Judge Phelan believes that the fight
to compel the ID. u. r. to sell and ac-
cept workingmen's tickets In the Fair
view district and to charge but one
fare FRI any point within the old
city limft6 out to this district has been
practically won by the decision of the
supreme court reafiirming the convic-
ton OF the company In the recorders
court for violation Of the working
mems ticket ordinance.
While the d. u. R. officials have
not yet seen a copy OF the decision,
President Jere c. Hutchins says that,
II the substance of II has been cor
rectly reported In the newspapers, the
company will take an appeal to the
supreme court Of the United States,
on the ground that the decision VIC
lated the federal constitution In the
mater Of contracts. But inasmuch as
the Michigan court holds that the case
does not involve an interference with
any vested right or contract Of the
company, but revolves itself into a
question OF the construction of an
ordnance" II Is extremely doubtful
whether the company would gain any.
thing by an appeal, except more de-
lay.
The decision eliminates complete
ly any question raised by the COM
-pany under the federal constitution,
which would weaken any appeal
made by the company to the supreme
court" says Judge Phelan. The
supreme court of the United States,
In constituting statutes and ordinances
OF state or city. will follow the rul-
fngs laid down by the supreme court
OF the state"
The chances are, therefore, that.
even though the company should ap-
peal II will lose out In the end, and
In that case 1t will be pretty costly
business. For months past many OF
It's patrons In the Fairview district
have been paying their extra nickels
Under protest and keeping a careful
rccount of all the contributions"
with q view to bringing suit for the
recovery OF this money. They have
done this on the advice Of Corpora
ton Counsel Hally and there are
probably hundred of these people.
In the event of an appeal, these
suits probably would be withheld, but
the suffering patrons would continue
to keep account OF the nickels pend
ing the decision of the tribunal In
Washington and they would be Joined
by number Of others.
Aside from these threatened suits
a number of damage suits are likely
TO be forthcoming sooner or later, the
plaintiffs being the patrons who have
been thrown of cars for refusing to
ray the nickel demanded by the con-
ductor.
That great pressure will be
brought to bear on the company to
induce II to surrender il regarded as
certain. The manufacturers and the
real estate men of the district are
eager to have the matter settled and
II the d. u. r. persists In taking the
case to Washington II IL going to
incur the enmity of some powerful
interests whose support might be
needed some time.
On the other hand, the decision Is
regarded as very far reaching in it's
effects on other phases OF the local
street car situation. In the opinion
OF some legal minds, the company
could be compelled, under the doc
trine laid down. to give universal
transfers. Corporation Counsel Hally
was asked for an opinion on this
phase of the case, but was not pre-
pared to give one at this time.
THAT Is a bridge that will have to
be CROSSED later" he said.
The Detroit United Railway, in
this instance, was prosecuted for vio-
(Contsnued ON Page Two.)