Mahlon Pitney

“ But were we in error about the construction of these ordinances, we still think that the acquisition of the city lines by plaintiff in error, and its subsequent acquisition of the suburban lines, did not bind it to put the reduced fare provisions in effect upon the suburban lines if and when the city limits should thereafter be extended to include any parts of the latter. If the city lines had been extended into the annexed territory by either of the city railway companies under any authority conferred by or assumed under the ordinances of 1889, a very different question would be presented. ”

“ In substance the decision of this court is that the supreme court of Michigan, in deciding that there is an implied condition in the contract between the city of Detroit and the railway company that the rates of fare therein provided for shall apply within the city limits when extended, and in requiring the railway company to accept the same fares throughout the new city limits as were accepted throughout the former limits, gives an effect to the extension act which impairs the railway company's contract with the city. ”

“ In 1897 the township of Greenfield granted to the incorporators of the Grand River Electric Railway (a different corporation from that last mentioned) a franchise for tracks along the Grand River road from the westerly line of the township to the then present city limits of Detroit, with a right to charge not exceeding 5 cents as the fare for any distance in Greenfield, or six tickets for 25 cents, with school tickets at ten for 30 cents. Under this franchise a railroad was built along the Grand River road from the then city limits near the Boulevard throughout the township of Greenfield. ”