The Detroit times., 1911-05-25
BUDGET CASE IS
KICKED OUT OF COURT
Continued from page ~.

diction. Nevertheless, II Is an
essential question for determine
ton.
II may be said without fear of
successful contradiction that the
settled, MISUNDERSTOOD law Of
this country Is that courts will not
pass upon questions merely
academic. The opinion of court
Is merely its reasoning In reach
ing conclusion In a controverted
question. where adverse interests
are claimed and are represented,
but no case can be found where
the court has permitted the
question to be put as to what
would the decision be were the
controversy presented to the
court on given state Of facts.
In proper proceeding. the par
ticular action or non-action may
be inquired into by the court and
determination reached. Until
that time however. this court has
no authority to consider the case,
much less to give an opinion upon
the law of the case. The court
has no power to advise the
municipality or any of It's officers
or departments as to whether the
opinion OF the corporation coun-
sci was right or wrong, nor has II
the power, much less the disposi-
ton, to render q voluntary opln-
ion on academic questions, no
matter how interesting or how
important those questions may
appear to be.
II necessarily follows from
these observations that the court
Is firmly Of the opinion that 1t
has no Jurisdiction to render an
opinion upon the twelve ques-
tions asked. and. under the cir.
cumstances, obviously, they are
not considered.
"The circuit courts decision tina
t has no power to try the McRae sui
o test the legality of the city budget
caves the case very much up In tn
ir," said Chief Assistant Corpors
ion Counsel Richard I. Lawson
II suppose that Attorney Fred A
Baker will carry the case to the 81
rene court, but probably before a de-
ision can be reached there, 1t will
'e time for the collection OF taxes. A
he same time. there are bond issue
nd transfers Of funds which nigh
e invalidated. The condition is SER
us.
"Of course, no decision having beel
fven, the budget will stand as II Ia
I will now be In the power of an,
axpayer to pay his taxes under pre-
est and sue the city. II Is not likel,
hat any one will do this except as
est case or from a desire TO maxi
rouble, as the only thing he coul'
ecover would be the difference be
ween the legal tax rate and the pres
mt, which would not be more, prob
Ibly, than 81 a thousand.
1T is In the power OF any citizei
o bring a suit by injunction to ties
he validity of any bond issue or o
my transfer Of funds to be paid bacl
o the tax levy, and II would not b
surprising IL this, were done. d,
lot think such a movement will orig
nate In this ONCE"
This decision creates very grav,
ituation," said Controller ffeinenap
We are expecting parties in at an!
ime to arrange for the purchase o
he Ferry feld>dhd other matters In
1911 authorized bond is
ue will be coming up every day.
proposed to Mr.. Hally as soon as tn,
question arose, that an issue be mad
" the issue OF some bonds, and h
greed that II was a good thing, bu
ust at this time, Mr.. Baker cam,
llong with his proposal of an infor
nation in equity an unusual proct
lure In such case II looks al
/ would require taxpayers suit I,
4 raiRhfen out the situation