The Detroit times., 1911-02-02
HALLY SAYS COURT DECISION
is BIG VICTORY FOR CITY


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probable that Mr.. Hally will recon.
mend that this course be pursued II
he Is asked for an opinion. A gen
eral revision of the charter would re-
quire at least year, he estimates,
even II start were made at once,
while an amendment passed at the
present session of the legislature
would become effective next fall. In
that case. special election could be
called for the purpose of re-submittinS
to the voters the amendments that
have been wiped out by the decision,
along with such others as might be
proposed.
Before we can have a general re-
vision that question must be submit
ted to the people," said Mr.. Hally.
IF they decide that this would be de-
sirable, the next step would be to hold
a primary for the nomination OF
charter commissioners Then would
come the election Of commission OF
21 members, one from each ward and
three at large Under the law. the
commission can draw pay for 80 days,
but | think 1t would be safe to as
sumo that 1t would require at least
six months to complete the job. In
fact, / think the commission would
be DOING well to get through under
six months. After that, the charter,
as amended, would be submitted TO
the governor for his approval or dis
approval. III 1t met with his approval
II would have to lie on the table for
90 days before its final adoption by
the council.
/''If a general revision Is decided
on, the question probably would be
submitted at the coming spring cleo
ton In April The primary for the
nomination of commissioners probably
would be held about May /, and the
election about June /. So the sum-
mer would be pretty well along bo-
fore the commissioners could get
down to business.
At the instance Of Aid. Gilman.
chairman of the ways and means conf
mittee, the council will hold an In
formal session, or caucus, Friday Or
Saturday, to discuss the situation
and reach an understanding, IL pos
sible. as to which course Is preferable.
Five main contentious were made
by the petitioners In the mandamus
suit Just decided. On all Of these ex-
cept one, the question of general
revision, the city lie sustained, Mr..
Hally points out. The other conten-
tions raised were In substance as fol-
lows:
That the home rule bill was un-
constitutional. The supreme court
holds specifically that ii Is constitu-
tional.
That there could be no double issue
of bonds, one charge against the
taxpayers and the other a charge
against the utility in connection with
which the bonds were to be issued,
as contemplated In the Moore plan.
The supreme court says that there IL
nothing illegal In such procedure.
That the constitution required the
LEGISLATURE to restrict the borrowing
power and that, inasmuch as the Dor
rowing power, under the home rule
ect. was unlimited when the bonds
were to be a charge against the it'll
ity. the act violated the constitution.
Tho supreme court holds to the con
trary, declaring that. where the bonds
arc to be a charge only against the
utility there can be no legislative re-
s.riction as to the amount or these
bonds.
That the constitution required that
the electors should participate In the
framing OF each amendment to ci'y
charter and that this could be done
only through machinery which would
Kermit the electors TO elect represen'
tatiyes to frame these amendments;
I'm other words, that the people could
Iot take the initiative In framing
amendments The supreme court
saws that they can, thus absolutely
guaranteeing to the people the right
Of the Initiative. 80.
The decision was sad blow to the
applicants for the position of secre-
tary OF the civil service commission
as well as to the city employees who
came under the protection OF the
civil service bill and were just begin
ming TO feel secure In the tenure OF
their Jobs. They are now deprived OF
this protection for the time being,
and any department head may "hre
his entire force II he Is so disposed.
The civil service commission had
arranged TO meet, Wednesday after.
noon. TO discuss it's budget for 1911
and make final preparations for the
second examination scheduled for next
Saturday. The members met, but the
gathering was more In the nature oil
a lodge of sorrow" The examina
ton was, OF necessity. called on and
consideration OF the budget was In
definitely postponed.
When the civil service bill is again
enacted into law. II that comes &c
pass, Mayor Thompson can appoint
an entirely different set of commits
sioners IL he is so disposed. The com
missioners who now step down and
out are: Levi l.. Barbour, Charles III
Bryan. Edward G. Van Husan and
Henry J. Guthard.