The Detroit times., 1911-11-29

the extensions are made IN unpaNe"
streets the city Is 20 lay the founda-
tionS These provisions remain un-
changed, and this section provides that
Ina Tie event OF purchase Nthe city may
take those investments over at cost
sec Is is the ordinary section IN
oyerN ordinance providing FOR curves
loops and switches
Sec 10 provides for the interurean
cars entering the city until Dec
1894 IL In the meantime the city should
pun chase The passenger cars on
reaching the city limits will be man
ned by city crews The fares inside
the city viii be collected by these city
officers and the company viii be paid
two and one-half cents per car mile
y Tor the use q Us ear ~, ,,,.u.. ,a
Permitted 90 enter the city, hut there
VIII be- no change OF crews The COM
panys men Will remain on the car and
ana pay 10 the city hfteen cents per
car mile for tho use 81 the e'tys
tracks
see 20 Is continuing agreement
w -tsIe=7rtty =enxertng the question OF
the separation Of grades and empodles
herein the Identical provision taken
/ from the general contract made IN The
yea. 1903 In the event 81 The cry
/ bCNing tile property any work done
/ ~ tho company IL 10 be paid Tor by
the city at the cost ~ the work
Sec ~ provides that all work IN the
streets is To be done under the super
I works
The Taxation Clause.
Sec % is repetition OF the tax
alton clause In the Detroit Railway
ordinance, which provides that this
! grant or the rights given by IL. be-
/ cause held 10 be yalueless between the
I CRY and the company and subject 10
| rev ocaticn- on six months notice, shall
/ not be taxed. but that all physical
4 property OF the company shall be taxed
as is the physical property OF an in
/ divIdual
Sec 20 requires the company in the
! year 1912 10 complete the additions
asreed upon In the spring OF 1871, and
| 10 build a north and south line In the
I western part OF the city and line
/ across the city In the ncighborhood %
} BaGg street. and 10 extend the ker-
Chvval avenue line easterly 10 the 81,
| Jean road. Thereafter. that is. after
! the year 1912 the company is 20 build
/ on demand OF the city an average OF
hvc per cent per annum OF the exist
ing street car system
Sec. "a requires the company I'm the
year 1912 10 pave between its rails on
4 east Jefferson avenue from the west
line Of Hillger avenue TO the east line
OF Gray avenue. and on west Jefferson
avenue from the east line Of Artillery
( avenue 20 the east line OF Home street.
\ IL the city purchase the railway prop
| erty ~ is 10 reimburse the company
for this expenditure at it's actual cost.
! Sec % provides street car facilities
| for the new Michigan Central depot.
| See 2B puts an end to all disputes
| existing between the parties and ends
! all pending litigation
I Sec p gives no property right 10
! ths company In any foundations or
! pavcpents hereafter @a"strncted by
the city
| Sec 2s provides. n the city should
4 acquire this property in any other
| manner than In the manner provided
/ by this ordinance, no value Is 10 be
! placed upon this grant
sec 90 provides that the powers and
duties 10 be exercised by any city
board or officer under the terms OF
I this ordinance are TO be exercised by
any board or officer that may be sub
stituted for those boards or officers
Sec 30 makes any obligation OF this
ordinances remain an obligation on any
successor or assign Of the company.
Sec 81 provides that II for any rea-
sJr any right hereby reserved TO the
city should fail because OF the citys
present disability, this right shall
spring into fun force and effect when
that disability is removed
Sec 80 Either party may record
the ordinance.
clause,
sec "a makes the agreement indivis
ihle so that II any portion OF II Is de-
clared void by court the whole or
dinance falls.
Sec. IS provides for the acceptance
and hling Of the customary bond.
This completes review OF the yari-
members or your honorable body have
asked for an opinion on the right or
the city a. this time 20 make con-
tract in which the city reserves to
itself the right to purchase. Inc cues :,
tion arises because the city mas not
at this time had the popular vote and
approval OF the people TO engage In
such an enterprise. The question can
be answered IN two ways.
First let US assume that the city is
not now empowered TO own and oper
~ Ia a IL
low that IL may not enter into valid
contract which IL may enfarce when
this disability is removed.
Indeed. ali OF the adjudicated cases
point TO the directly opposite legal
conclusion. We have at the present
time the undoubted right TO adopt and
amend our charter in such a way as
TO authorize the city 10 purchase
Cooley. IN his work on Constitutional
Limitations has spoken In this way or
such a situation:
though imperfect. the constitution
does not prohibit the legislature
from giving remedy. on the
same principle legislative acts
validating Invalid contracts have
been sustained. When these acts
go no farther than 10 bind party
by a contract which he has at
tempted 10 enter into, but which
was invalid by reason az some per-
sonal inability on his part TO mako
~, or through neglect Of some legn.
formality. or in consequence Of
some ingredient in the contract for
hidden by law. the question which
they suggest Is one OF policy. and
not OF constitutional power
Cooley Const. Linn, y. $50.
II the contract is one In which the
legislature might originally have au-
thorlZed the right of the Legislature
TO confirm IL must be recognized. IL 10
hardly necessary for me 10 say That
the people OF Detroit are now the leg
islature for this city.
In a case which went to the United
states supreme court, entitled Read W.
Plattsmouth l0T Y. s.. p. y6s. the city
issued certain bonds in excess OF it's
legal authority. The Legislature sub
sequently granted IL authority sufh-
cicnt 10 have authorized such an issue.
The court held that this grant OF power
validated the previous unlawful issue.
\ similar conclusion was reached by
our supreme court In Hathaway VS..
Sackett 80 Mich, 81 wherein New
Baltimore was given a legacy 10 build
a high school AZ time when II had no
authority 10 do so The court after
reviewing the many objections raised
20 the village taking the beauest, held
that the bequest would not fail so
long as IL was within the power OF the
legislature to remove any inability that
might have existed in the village.
These, with the numerous cases cited |
by Mr. Justice Cooley In his text. make
US certain that N r. disability existed
when a contract was made. a contract
car. when the disability is removed.
be enforced
The contract here in question by an