The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-09-29
D. J.. R. is RELIEVED
FROM PAVING
IN DELRAY
Judge Donovan Promptly Denies APP
plication for Mandamus To Compel
D. U. R. To Replace Crushed
Stone With Brick.
Court Orders, However, That Com
pany Patch Present Pavement
Within 80 Days.

II took Judge Donovan but a few
minutes Friday morning to deny the
petition OF the common council for a
mandamus to compel the ID. u. r. to
pave between the tracks In old Delray,
and thus abate what all of the citizens
In that section Of the city regard as
almost an intolerable nuisance.
At the time the street railway was
extended into Delray, which Is now
part Of the Eighteenth ward OF the
city the company did not pave be-
tween the tracks. In 1905 the village
began suit to compel the company to
pave, and petitioned for q mandamus.
An agreement was reached between
the village council and the company,
whereby the latter agreed to pave be-
tween the tracks with crushed stone.
and this was done. The agreement
entered into, however. provided that
at any time should this pavement
prove unsatisfactory the suit could be
revived, and II was under this agree
ment that present action was brought.
The city was. represented by Assist
ant Corporation Counsel Weadock,
and the company by ex-Judge Speed
and Fred A.. Baker. Mr.. Weadock ar
gued that the time had arrived when
the crushed stone pavement was very
unsatisfactory, and he held that under
had a perfect right to revive the old
suit and demand that the mandamus
asked for In 1905 be granted, and the
ID. u. r. compelled to pave the street
properly. A brick pavement was ask
ed, as the balance Of the street Is
paved with that material.
Judge Speed recited the history OF
the case, and claimed that as the d.
u. R. had put down the crushed stone
at cost OF $4,000 the company had
fulfilled its part OF the agreement.
The council at this time, he contended,
had no right to ask for change In
the pavement, which would cost about
$50. 900.
at appears to me you are right,
Judge Speed" Judge Donovan COM
mented. This was an agreement en-
tered into, and believe the company
II constructed the crushed stone pave
ment. The city has no right to come
into court now and ask for change
In the agreement"
I'VE are not asking for change"
Attorney Weadock commended. I'VE
are perfectly willing to live up to the
agreement, which provides in the
plainest terms that at any time the
crushed stone proves unsatisfactory
the city can demand a change. In the
old horse-cars days the tracks were
paved with cobblestone, and prop
erly so, think, but would you
consider cobblestone the proper pave
ment for Woodward-ave. now?"
We'll, you can talk as long as you
like, Mr.. Weadock, but have my
mind made up now what am going to
de-" responded the court. Give the
company time to make good. Say
thirty days to scrape OF the surface of
the worn stone and replace II with
crushed granite. as Judge Speed sug-
gests They can do 1t in thirty days"
They cannot do II in thirty years."
declared Mr.. Weadock. pounding the
desk.
Never mind your scolding," Judge
Donovan replied. "I'll deny the petit
ton for a mandamus. and give the
company thirty days to put the street
In shape"
The city will appeal the case to the
supreme court at once.