The Detroit times., 1915-10-16
|C|TRCUIT COURT
REFUSES TO EN-
JOIN ELECTION

[..ff1
11so this 10 partly legislative and
0ge1v ministerial and, altogether Is
e. ~ thing to monkey with except
xm eases Of imperative necessity.
SSnlcA does not exist in this case.
~ opinion. which was written
~ JuAse Murphy. concurged in by
61 he other judges and read by
0otoing Judge Hosmer from the
nooc1 In his court room, .s as fol-
loWD:
rpursuant to appropriate prelimi-
10y action. II u proposed TO submit
stho electorate of the City Of De-
49, upon November 2. 1915. two
oogTo1ated questions. each INSOFAR
~ connected with the other. The
4U1 y the submission for ratifca-
~ 6 IN agreement for the pur-
nnDo of the street railway system
~ city. The second is the adop-
- q On amendment to the city's
Hnstor. This amendment is de-
1900 - make effective the agree
- MT mentioned.
$fGun1c1palities have q dual func-
-, III one Legislative IN charac-
~ ~ other ministerial or admin
cpo35Eo merely II IL clear that
1loga upon the proposed charter
noo1meat comes within the iegis-
oo1vo province Of the municipality.
- n approval of or in rejection
RI - proposed amendment is dis
Soely legislation. Such legislative
oou0 ~ the voters Of the city is
roooly authorized by the present
te1fue1oa Of this state and the
W0oemsntary enabling acts OF the
nkure. making effectual this
c1fukionG grant OF legislative
GD&. h exercising their right OF
n6hlss. either to pass or defeat
& ocoposed amendment. the cleo
~ the city are therefore duly
11eslsed legislative body. acting
{ t1ln the scope of their delegated
1thority.
t>0n the contrary, however. the
ppfoval or rejection by the voters
LA the proposed agreement TO pur-
Ass IL merely ministerial act.
hlnh decision. either adopting this
4 9feement as their own or refusing
nanctiou IL. Is an administrative
~ Incidental to the conduct OF the
6ky'S business.
& The compliments ask an injunc-
m restraining the electors from
ming upon the subject. either in
>ejr legislative or their ministerial
Daeity. Under our system OF di.
~ governmental powers, by
A301 the judicial and legislative
Dos<msuts are made coordinate
Ia Independent each OF the other,
~ question when. IL at all. the ju-
onry mays intervene to prevent
o1omp1ated legislative action by a
Nv constituted legislative body is
m0Dt delicate one. Courts are al.
W rightly RELUCTANT thus to In
Svons.
IN the present situation. 1t ap-
ngo that IN election upon other
oeions must, In any event. be
~ uDOn Nov. 2. next. No sub
nnttAt saving In the expenditure
Qblic moneys would therefore be
kooned 4 the requested injunction
otantsd. The expenses inciden-
- the holding OF an election
n any event. be incurred, save
y minor ones. The allowance or
~ of the Injunction sought.
t0S8 the power of the court In
omoegency To restrain contem-
~ legislative action be admit
u0ot rest In the sound discre-
~ The court, to be exercised
49, clear and unmistakable
- and for most cogent rea-
ADoly1ng that principle to the
Deooonted. We have come to
GDooloo that. In the situation
~ = DcODer exercise Of any
1n11u1n1 dlsuretion here requir-
~ - ueottea for IN injunction
1soled.
IN reaching this conclusion. We
"a no occasion for passing upon
validity or invalidity OF tho pur-
noaerecment. In saying this.
49,, We express no opinion %
- merits Of the controversy
49, By complainants' bill. and
oEoooly reserve for future con-
49, ~ matters save that
ool14d.~
t1ht nsass that We can
- - 49, .