The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-01-31
PAY UP OR GET OFF FORT ST,
COUNCILS DICTUM TO
DETROIT UNITED RAILWAY
Asks Circuit Court To Enter De-
cree in Rental Case; 5000
a Day Involved.
APPEAL is NOW PROBABLE
Neither Side Satisfied With De-
cision, Which Is Partial
+ Victory For City


Tuesday night. that Mayor Thompson
and some OF his advisors, before the
defeat of the franchise, thought II did
not dare do; 1t asked the circuit court
TO. enter decree in the Fort-st. rem
tai case, in which the city claims
rental of 5000 day.
In this case the issue between the
city and the company is squarely
drawn. BY asking for the entry OF
the decree, the city says TO the ID.
u. r.: Pay up or get out OF the
street" The chances are that the
ID. Y. r. will not do either, just yet,
but II will probably take an appeal
TO the supreme court unless Corpora
ton Counsel Lawson beats the com
pany To II.
Ii was on the advice OF the corpora
ton counsel that the council took this
actios, lawson, in turn, being prompt
ed by. the mayor who, since his fran
chlse was buried, has decided to re-
sumo his former tactics OF fighting
the ID. u. r. in the courts.
In his communication TO the coun-
Gil. Mr. Lawson pointed out that until
the decree is entered, the courts de
cision has no binding force whatever.
He said further:
This department dissents from
that portion OF the opinion which
holds that the city is not entitled TO
the back license fees or rentals from
the time OF the expiration Of the fran
chises up 10 the time OF decree, and
this department proposes 10 appeal In
case the court, upon entering the de-
cree, refuses TO include therein the
oil
the date of expiration OF franchises.
This Is the only way TO enforce the
collection OF such back license fees
or rentals"
Aid. Lodge introduced the resou-
ton prepared by Mr.. Lawson in con-
formity with his communication, and
Il was unanimously adopted. IL reads
as follows:
Resolved, That ii is the desire
of the city OF Detroit that de-
cree be entered In the case OF the
city of Detroit against the Detroit
United railway. being cause No.
37,446, pending in the circuit
court for the county of Wayne, in
chancery and the corporation
counsel Is instructed to proceed
and cause such decree 10 be en-
tered, giving to the city the relief
provided for in the opinion OF the
Judges rendered In said cause, and
he is instructed TO obtain IL pos
sible In such decree a provision
for the payment OF all back IL
cense fees or rentals which have
accrued from the time OF the ex-
piration OF the franchises to the
time of decree provided for in
the resolution OF the common
In al
as we'll as future license fees or
rentals, II possible, and to reserve
the right to appeal upon the part
of the city OF Detroit II such de-
cree fail TO include all the rights
of the city as interpreted by the
corporation counsel.
Mr.. Lawson will move for the entry
Of the decree next Saturday morning.
Mayor Thompson submitted to the
council bill for $1,000 for the SER
vices of A. b. du Pont, the Cleveland
railway expert called in by mis- honor
to assist in the negotiations for
new franchise. The bill reads: For
expert services rendered the city of
Detroit at the request OF Mayor
Thompson and Corporation Counsel
Hally in negotiating terms of the
proposed settlement with the ID. L.
r. and aiding Corporation Counsel
Hally in drawing up the so-called
Thompson-Ha ordinance" IL was
referred to the CONN. ittee on claims
and accounts, OF which Aid. Gutman
Ia chairman Considerable surprise
vas expressed by the aldermen over
the amount of the bill. The mayor
called in du Pont without consulting
the council, taking a chance on the
bill being allowed. That IL will be
q subject of lively discussion In COM
mittee seems certain and some of the
aldermen are inclined to the view
that the bill should be returned to
The mayor.
Aid. Koenig presented his resolu-
tion calling for two-minute service
on the Fourteenth line during the
day and one-half minute service dur
ing the rush hours. Aid. Ostrowski
put In a resolution calling for one
minute service on the Chene line in
rush hours and two-minute
schedule during the day The latter
was referred TO the judiciary COM
mittee. Koenig's resolution instruct
ed the corporation counsel TO pre-
pare an ordinance along the lines
suggested and IL was adopted.
Aid. Lynch started what promised
to be a lively fight by introducing n
long resolution calling on Aid Nc
Carly to either prove assertions made
I'm his anti-franchise speeches during
the recent campaign, rejecting on
the council, or publicly apologize to
that body. Aid. Gilman argued that
the resolution was out OF order and
Aid. Field, who was temporarily in