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The City Wins

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Detroit, Feb. 1.- Jutlge Taft's decisión in the -mit of the city of Detroit against the (Jitizens' Street Railway coinpany was hauded down from the bench of the United States court by Jndge Swan Wednesday foreuoon. This is a suit in equity brought by the city of Detroit for an ïnjunction to coinpel the Detroit Citlzen6' Railway cornpany to cease the running of its care aud to remove its raiiway tracks froin the streets of the city. In the introduction of his opinión, Judge Taft gives a concise resume of the steps that have been taken in the case, and then goes on to recite and discuss the matter of estoppel, which was the question argued before him in bis city two weeks ago. In his opinión the gist of the whole controversy lay in the qnestion of the effect of the invalidity of the extensión until 1909 upon the ordinanoe of 1879. He believes that while the extensión was void ag a binding stipulation upon the city, the nance as a contract was only voidable: in other worrts, the extensión may have been the consideration for inany of the obligationsassnined by the company. bu t the ordinance as a contract was workable un til May, 9, 1893. Of all the money spent by the new company, all bnt a very small amonnt was spent after the city had declared by ordiuance its intention to insist on the invalidity of the Trant beyond 1898. After reviewing the case in all ita phases the judge conclndes as follows: Let a decree be entered enjoining the Citizen's Street Railway conipany from occupying the streets of Detroit with lts railway tracks, except on the linea of the Congress and Baker and Caas avenue Unes, and from running their cara thereon after four months from the entering thereof, and enjoining the city from taking any action under the ordinance of March 29, 1892, to interfere with the operation of the Congress and Baker and Cass avenue lines bv the company. The costs will be taxed to the defendants. I have given the four months' time becausp if the tracks are to be removed this wül not be an unreasonable time. It will also afford an opportunity for an adjustment of this trouble. He closed by xpressing the opinión that the municipal authorities would act honorably and not take advantage of the position in which the compauy is thus placed. He also advised a compromise.


Ann Arbor Argus
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