The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-10-30
COUNCIL APPROVES
CUSTER DECREE
Backs Up Lawson in His Action
in the FOrt-st. Rental
Case

The latest defense of the d. U. r.
in the Fort-st rental case that Cor
poration Counsel Lawson is exceed
ing his authority in asking the SUI
preme court to sign an custer decree
was taken from the company by the
council, Tuesday night, when reso-
luton was adopted approving Law
sons action. The resolution will be
submitted to the supreme court by
Mr.. Lawson. 1t puts the council
squarely on record as asking for a
decree which. makes IL mandatory
for the ID. u r. to cease operating
cars on the FOREST, line within 10
days and remove it's property within
80 days unless II obtains the consent
of the council to continue operation
The effect of the decree. II signed.
Will be to force the company TO nego-
tiate with the city for terms, II II
wishes to continue the operation OF
the Fort-st. line.
The resolution was drafted by Mr.
lawson and submitted by Aid. Lodge.
Aid. Field made the motion necessary
TO prevent reconsideration and the
motion carried. Mr. Lawson took pre-
cautions to keep the resolution secret
before the council meeting lest an
effort be made by interested parties
70 defeat IT, The resolution was read,
explained and adopted within 10 min
utes. 1t follows;
Whereas, The corporation coun-
sci OF this city has prepared a
proposed decree to be entered In
the supreme court in the case OF
the city OF Detroit, complainant,
against the Detroit United Rail
way, defendant; and
Whereas, This council isf ully
advised as to the form and sub
stance of said proposed decree;
and
Whereas. Said proposed de-
cree In the judgment OF this coun-
ell Is the decree that should be
entered in said cause, the su-
preme court OF Michigan con
senting thereto: and
Whereas, The authority of the
corporation counsel has been
questioned to urge upon the court
the entry OF said proposed de-
cree; and
Whereas, This council has
never questioned his authority to
institute said suit or TO ask for
any relief 10 which in his judg-
ment the city is entitled under
the law; and
Whereas, This council is fully
advised of the object and purpose
OF said suit and being entirely In
accord with the purpose and OBJ
ject OF said suit and being salts
fed with the conduct OF the same
by the corporation counsel and
being otherwise and in all re-
specially advised in the prem
Uses:
Therefore. be II resolved,
That said decree as prepared and
submitted by the corporation
counsel is in the form desired by
this body, and that the corpora
ton counsel be and he Is hereby
directed to cause 10 be entered
the decree as proposed by him
as and for the decree In said
cause, the supreme court Of Mich
igan consenting thereto and be IL
further resolved that The corpora
ton counsel be and he is hereby
vested with full power and au-
tnOrlIy IN sdlu SUIT Dy tnls cOun-
ell. and he is hereby requested 10
insist upon all the rights OF the
city as in his judgment he deems
best. and he is authorized and
instructed TO take whatever steps
may be deemed necessary by him
TO safeguard the interests OF the
city in such litigation In any
court in the land In which said
suit is or has been or may be