The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1914-01-24
CoNr7 Hasn't Passea
On VI. O. Amendment

Reading OF the full text OF the SUI
preme courts decision sustaining The
validity of the Verdier act, has dis.
closed that the court has not passed
on the legality OF the municipal own
ership amendment adopted by the
people last spring. or on that OF the
civil service amendment TO the char.
ter
In fact, these questions were never
before the supreme court. as Justice
Brooke points out in his opinion.
Whether the amendments number
three and four (the municipal owner.
ship and the civil service amend
ments contrayene any constitutional
provisions, is not determined. That
question was distinctly reserved by
the Wayne circuit court. and | am OF
opinion that IL should rest In abey.
ance until In proper proceeding Il Is
determined"
Mayor Marks condemnation OF the
new charter on the ground that 1t
must be tested by the courts. az greD
expense" Is thus weakened; for II
win cost no more TO test the NUM-
cipal ownership section OF the new
biOdAOi NhoA NHp
municipal ownership amendment
adopted by the people last spring
than 10 test that amendment. the
legality OF which the supreme court
has not asserted.
Another point which the mayor
seems 10 have overlooked. is the fact
that the new charter gives control or
the telephone situation 10 the city OF
Detroit, taking II away from the state
railroad COMMISSIONS feature OF
home rule 10 which the mayor Is
pledged implicitly. II not explicitly
/ The attitude OF the state railroad
commission In the telephone matter
has shown the people that they have
little to expect from that body in the
matter OF relief.
five judges who sat when the legality
OF the Verdier bill was attacked In
the county courts. said. Saturday:
The only question before US was
as to the validity OF the Verdier act
/ The question OF the validity OF the
+ legislation had by the city under that
act was not raised The municipal
ownership and civil service amend.
ments were. OF course. mentioned as
having been passed under that act,
/ but their legality, aside from the
legality OF the Verdier act, was not
discussed
| Speaking as a citizen, | do not see
why the necessity for passing the new
charter, giving Us an improved city
! government. has been removed by
( the supreme courts decision. That
question Is not even involved in the
matter.
/ Judge Murphy said: AS an in
( dividual citizen, lam strongly In
favor OF the charter. believe It Will
/ be found that the public mind is
more educated in this matter than
the politicians appreciate"
1 The supreme courts decision was
signed by all the justices except JUS
( tice Kuhn. who as encouragement
rendered an opinion that the legisla-
ture may give bill immediate effect
/ to preserve peace, health or safety.
1 Justice McAlvay. In dissenting
opinion, held the Verdier act invalid
/ because there is nothing In It's title
10 make II a police act necessarily OF
! immediate effect
The other justices concur on most
OF the important points. Justice
I Brooke holds that the section OF the
Verdier act. giving city power to
borrow to the extent OF two per cent
OF It's assessed valuation for acquir-
ing public utility. thereby going be-