The Detroit times., 1910-10-05
||DI COUNCIL


K a 1ausss - rsss E'svs-:,
s:s:s.s, s ssi,.. sss:: xs sSs
@l&11 oensSIfut1on became . law. anc
y 4 y pre<ieue snactments IN eonnE' NV
! q trs31 nsssurs OF home rule rs ds,
\ s1lened 70 Be conferred upon cit,ss eno
"a 1Son9 the important sections looking
10 thIs and n Section ~ OF Article y
4 4hlch provides that NO person, rp pr.s
! cS~r sfjnr 8 public utility shall have
4 ~ ricnf 10 the use OF the Highway >,
o(rsses. alleys. or other public places
+ Of any city. village or township LOT
mirss. poles, pipes. tracks or condults
4 RHSouf the consent OF the duly con-
< atftued authorftiss of such city VII
laGe or township nor TO transact 10
cal business therein without nrst op.
s3|eiss EFa1ssiss ssspsi' The right o.
All cities. villages and townships 70
the reasonable control OF their streets
61Isys and public places Is hereby re,
( served TO such cities. rlaasss anu
f6w nships;" that II the city has any
( nuwer In the premises II must be found
\ "a this section. While constitution
2 AZ = constitutional amendment Is adopt
- BIZ the people In their supreme law
making capacity. ,es 30 inser.
Yretation which govern In the case OF
ibe ordinary statute. law or con-
nfitution IL generally prospective, 4.
necessarily applies 70 the su'ur he
fhture. This Is so unless the law IN
nlain and ambiguous terms has a uii-
zcrent purpose; that Section 2s OF al :
ficle ) IN not dificult TO understand,
there Is no ambiguity In IL. IL Is a
clear and unmistakable grant OF power
"a the cities. villages and townships
snd4il divests the Legislature OF
Bowtr previously reposed in IL and ex-
&fctscd by that body that TINS gram y,
future, and those now operating a
nublic utility In the streets, that not
only must they obtain the consent =,
Ofe duly Constituted authorities 10 their
o,cupation OF the streets. put those OF
7 item who transact local business IN
10 city must obtain franchise from
1hut cityf That the broad power OF
r<ruIationS once held by the Legisia,
>pre now belongs TO the o3h T. ~ be
&xercised by them In fair anu I'M
PARTIAL manner; that whatever the bes
1oiature could have done 10 imprcNe
The public service OF these enterpI'sss
a. 20 render less burdensome their &C
cupation Of the public domain may now
e. done by the local authorities that
ho1h OF the telephone companies mere
now located are transacting 'oSa
bnsiness In Detroit, and unoe r. the
Eommon Council TO frame an oru,
- nee for the reasonable regulation
nad control OF this business. put tne
6roposed ordinance must NOT IN any
#ay interfere with the Interstate or
&{nr distance business conducted oy
6keSe corporations and the reputation
<SS1rf ba such as will not unduiy
kamper the enterprises or In anyw.se
d6nGscate their. property. put q rsa-
Xrsbie rate and reasonable regula-
5ion may be imposed In view OF the
solnfon given by the Corporation
founsel your Committee recommend
That he be directed to draft an ,s otH
nXnce for the reasonable reguiatiyan
'Sn6 control OF the local telephone Bust
1900 Following the lines and sugses-
S1oma laid down In his opinion. and mat
s s. authorised TO employ sucn e.
SSrt services as may be necessary, saI.
@~nerf seryices not to exceed the sum
- 81 900. and we therefore oner tne
IN Respectfully submitted.
I GEO. H. ellis.
A. j. WALSH.
K wM. KOEN1G.
*t JOHN GR1NDLEY.
's WM GUTMAN,
ALBERT 4. ALLAN,
y - A. A. DEIMEL.
OTTO c. GOEsCHEL
- JOHN c. GARvEY.
accepted. and on leave the following
o&Solution was offered
Il ~ aid. Ellis:
n Resolved That the Corporation Coun ,
,1So{ be and he Ia hereby authoriseo ano
|>{1npowered to employ such expert ser
4 %{3SS ~ may be required by MN III
n 14nffing the ordinance referred 20 ~
800 above communication. provioine Ior
{xs reasonable regulation and contro,
W t.Ierhone companies operating In
;$Ha CITY Of Detroit. and for the pur-
1870 or fixing a reasonable rate 70 %
3S9rred BIZ the telephone companies ics
s znrnIshing service, the expense ..
e rrSlch expert service Is not TO exccso
\ <n1 1asrs or 81 900. which said sum IRE
{S1nfrcaier % directed TO pay on voucn-
( - duly approved, out Of the contih-
& 3. ~. kosnis. was called to the chair.
% ~ opted ~ follows:L
E TSss--Ald. Allan. Burton. Deimei'
r1l1 Field, FreiwGld. Garvey, Gin
3xn Goeschel. Grindley. Gutman'
Svrfer. Heating, Konkel korte'
Spfs. osfrowski. Owen. Rosenthai.
%77Sf. Schultz. skrzycki. Theisen'
16Sson, ToGex. Trevor. vernor.
{5SS Wsts0n, link. zoeller and the
S17 1snt Pro fsm---32.
C0Ssolutlons and Ordinances.
THIRD WARD