The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-01-30
CITY BEGINS SUIT TO
EXTEND ONE-FARE STREET
CAR ZONE TO NtW LIMITS
Application For Mandamus Is
Based on Supreme Courts
Ruling in Fairview Case
MAYOR TAKES NEW TACK
Asks Corporation Counsel To
Push All Pending Litigation
Against ID. U. r.

Assistant Corporation Counsel
Bernard Weadock filed in the Wayne
circuit court, Tuesday morning a petit
ton for a mandamus to compel the
Detroit United Railway to accept a
single fve-cent fare on Jefferson-ave.
to the eastern city limits, and single
hYe-cent fare and workingmen's tick.
cts on Grand River-ave., 20 the west.
ern city limits. Judge Hosmer set the
hearing for Saturday morning.
Mr., Weadock bases his application
on the supreme courts decision In the
Fairview case, in which 1t was held
that, under the ordinance OF 1889, pro-
yiding for workingmen's tickets dur
Ing certain hours, on the lines OF the
old Detroit City Railway, these tickets
were good for a continuous ride on
any OF the lines covered by the ordi-
nance within the city limits as they
should be fixed from time to time. Mr..
Weadock contends that the same doe
trine applies, by inference, to the five
cent fares and on this point the case
hinges
Up to date the company has refused
TO take any such inference from the
decision OF the court, and has per-
sisted in collecting double fares from
passengers going beyond the old city
limits except when workingmen's tick
cts were offered during the proper
hours on the Jefferson line through
Fairview. Should Judge Hosmer
grant the writ prayed for, the COM
pany undoubtedly would appeal the
20 NhA gttf NJ fAlI Inc
its usual custom.
The people having rejected set
Element of the street car question,
there is nothing to do but revert TO
the old method of fighting the COM
pany in the courts and that is what
Will be done" says Mayor Thompson.
Accordingly, the mayor has sent a
letter 10 Corporation Counsel Lawson,
asking him to prosecute with all pos
sibe dispatch the lawsuits now pend
ing, as welk ast sajts sbbntemplated.
The circuit court has already given
is decision in the FOREST. rental case,
holding THAT the city had a right 10
impose rental charge of 5000 per
lay, but 1t is up TO the council to
say when the decree shall be entered.
)ne OF the suits pending is for the
collection of unpaid personal taxes,
he delinquency dating from the time
he city began to impose rent for the
use of streets on which the franchises
jave expired.
The mayor suggests that steps be
aiken Immediately 10 force universal
transfers., that is, TO compel the com
Dany to give transfers on tickets from
he threecent lines to the five.cent
ines. The mayor gets the latter sug-
yestion from the supreme courts de-
2ision in the suit brought to compel
he company 70 accept workingmen's
tickets in Fairview. This case is now
BENDING in the United States supreme
court. The most important of the
bending suits is that involving the
validity OF the Hally ordinance. which
has been hanging fire in the federal
courts for several years.
Aid. Lodge has called a meeting OF
his committee on city and charter
legislation for Thursday morning, TO
discuss Aid. McCarty's resolution cali
ing for special charter election in
April. Corporation Counsel Lawson,
Monday, gave Anthony Pratt, secre-
'ary Of the Municipal league, an opin-
ION that the question of a charter re-
vision cannot be legally submitted
until the regular municipal election
next fall.