The Detroit times., 1911-05-09
D. D. A. WINSFIRs
ROUND IN SUIT
OVER RENT
Circuit Court Decides That Company
May Put in Testimony Supporting
Claim That City's Demand Is
Unreasonable.
Hally Wanted To Admit Roads Con.
tentions and Confne Case To
Legal Points Involved.


skirmish in the city's suit to enforce
the payment of the $500 per day rem
tai imposed on the ID. u. r., by the
city, for running cars on the portions
OF the Fort-st. line, where franchises
have expired, In addition to the $500
already paid on other lines. where
the company's rights have also ex'
pired.
The question before the circuit
court Monday, was whether to admit
testimony In support OF the com
pany's claim that the rental demand
ed IL exorbitant and, In fact, con
fiscatory. For the purposes or the
case, Corporation Counsel Hally had
admitted that the rental would ex'
coed the net earnings Of the line, as
set forth In the company's answer
The same issues are involved In this
case as In the Injunction case against
the enforcement Of the Hally ordi-
nance, which has been pending In
4 the United States courts for TWO
years or more, and Mr.. Hally thought
10 confine the case In the circuit
court simply to a question OF the
& city's right to collect the $500 per day
rent, leaving the other issues to be
determined by the United states
court.
Under the ruling of Judges Man,
dell, Murphy and Hosmer, who sat
together, Monday morning, the en-
tire controversy between the city
and company will be threshed out In
the circuit court and undoubtedly the
case will find It's way ultimately to
the United States supreme court The
circuit judges held that both sides
should be permitted to offer such
proof as desired and as speedily as
possible. Although Attorney F. A
Baker had announced~Ms willingness
Z to 10 ahead at once, II need be, he
SHE'D when the court suggested, Wed
nesday morning, as the time for
starting to take testimony.
Attorneys Charles ID. Joslyn- and
]. G. Donnelly, who appeared with
Baker for the d, u. R., both pleaded
other engagements, but the court
finally fixed Thursday morning. Cor
poration Counsel Hally said he would
be ready. According to Mr.. Baker.
the company can put In It's prima
facie case In two days.
Judge Mandell alone will hear the
testimony. He will call In Judges
Murphy and Hosmer again when II
comes to the arguments.
Hally's contention was, In sub
stance, that testimony as to the ID.
III. RS earnings on the Fort-st. line
was wholly immaterial. He argued
that the city had the right to fix any
+ rental II saw At for the use OF streets
on which the franchises had expired,
and that unless the company saw
& At to accept those terms, Its only al
ternatiye was to get OF the streets.
These were purely legal questions, he
pointed out, and to take testimony
B would be a waste Of time In view OF
his admissions.
Fred A. Baker. talking on the other
side, said:
II have been an inmate Of a law
\ once for 46 years and this Is the FIRST
time I have ever heard IL contended
that q court In chancery could not
take testimony. Why, as a mere mat
ter OF chancery practice II should be
done. The supreme court would not
consider this case II II were submit
(. tea WtluOut 0NiucuOO. 80 49, Il I'D.
eHally comes In here and thinks he
can admit Us out OF court That's
what II amounts TO. He can admit
our facts and we are choked on from
putting In any evidence. Here we
say 5000 o day Ii an extortionate rem
& tai. Hally admits II. We'd be glad
Y to accept his admission, but We can
/. not do so legally. because he has no
authority TO make II.
Now, your honors. this is not
rely suit over 5000 day. This
= suit TO settle controversy. the
1roversy, II you will, between the
Of Detroit and the Detroit United
|Nat, and when II IL settled by the
thIgan supreme court, and, after
< probably, by the United States
11r1m8 court. II win be settled fol-
I'D and forever. So you will see
low important II is that We take
<&ofimony in this case"
win regard to the $200 per day
rental q an alternative for the com.
nony's forfeiting It's rights In the
4 ~froefs. Mr.. Baker said that one was
- bad ns the other.
"The only difference is" he said,
that one way you take Us out and
hang us and riddle US with bullets
and the other you put Us to death
gradually. But II amounts to the
oa1me thing In the end, either way the
city goes about II.
"The FORFEIT line has always been
known a. the poorest line In the city
4 II Is today the poorest piece Of prop
erty the ID. u. r. owns, and We IN
stat on the right TO submit proof on
that proposition"