
    TOWNSHIP OF AVON v. DETROIT UNITED RAILWAY.
    -Constitutional Law — Carriers—Street Railways — Rates—Statutes — Impairment of Contracts — Injunction.
    On appeal from an order granting defendant’s motion to perpetually stay proceedings against defendant street railway company under a bill to enjoin it from collecting from its passengers the rate of fare specified in Act No. 382, Pub. Acts 1919, tbe court holds the case is controlled by Attorney General v. Railway, 210 Mich. 227, and treats the motion as one to dismiss.
    Appeal from Oakland; Rockwell (Kleber P.), J.
    Submitted April 29, 1921.
    (Docket No. 37.)
    Decided June 6, 1921.
    Bill by the township of Avon and others against the Detroit United Railway to enjoin the collection, of passenger rates under the provisions of Act No. 382, Pub. Acts 1919. From an order perpetually staying proceedings, plaintiffs appeal.
    Affirmed.
    
      Glenn C. Gillespie, for plaintiffs.
    
      Stevenson, Carpenter, Butzel & Backus (Elliott G. Stevenson and Thomas G. Long, of counsel), for defendant.
   Clark, J.

The bill was.filed to enjoin defendant from collecting from its passengers the rate of fare specified in Act No. 382 of the Public Acts of 1919, and to compel the charging at franchise rates. The motion of defendant that all proceedings be stayed perpetually was granted. Plaintiffs have appealed. The facts are stated sufficiently in the case of Attorney General v. Railway, 210 Mich. 227, and the holding there is decisive of the legal questions here involved.

We do not consider the question of res adjudicata, but we have concluded to treat defendant’s motion as a motion to dismiss. Decree will be entered dismissing the bill of complaint with costs to the defendant.

Steere, C. J., and Wiest, Fellows, Stone, Bird, and Sharpe, JJ., concurred. Moore, J., did not sit.  