Detroit United Railway v. Oakland Circuit Judge

Under the provisions of Act No. 382, Public Acts of 1919 (hereafter called the Smith act), as construed by this court in Attorney General v. Railway, 210 Mich. 227, the plaintiff road is permitted to charge a rate of fare of two cents per mile. Such rate is, however, subject to the following proviso, found in section 2 of the act:

“Provided, That this, act shall not apply to the rates of street or interurban railroads charged in the transportation of passengers within the limits of cities, or within a distance of five miles of the boundaries thereof.”

In such territory, the rates are as fixed…