The Yale expositor., 1909-05-21
SAVED STATE
half MILLION
Lincoln Avery Discusses LItl-
cation at St. Clair Flats.
Detroit Flats Residents Want to Grab
Many Acres of Valuable Lands For
a Song.

a Song.
Lincoln Avery. in discussing the ST.
Clair Flats litigation, says:
II have considered this whole mat
ted one for the attorney general to
handle, and / have just read his mes
sage sent to the state senate on Mon
day evening. | hardly know why there
should be a seemingly persistent eff
fort to represent Mr.. Bird and myself
as attempting to confiscate the prop
erty of the Flatters. We have saved
to the state, up to his time, at least
a half million dollars worth of prop
erty at the lowest valuation; and
when / say saved to the state | mean
that had we been unsuccessful in the
litigation the ST. Clair Flats would
have been owned today by spectators
and land grabbers who attempted to
compel the state TO deed II to them
for old script. Had these spectators
been successful the state of Michigan
would not have had the Flats either to
lease or sell to the people at the Flats.
The litigation has assumed various
forms, and the cases have been stub
bornly contested, but | never heard
that the fees paid were considered
large considering the work performed
and the successful outcome of the
cases. Any private client would be
glad to pay much greater fees for
saving so valuable a property. Ny
bills have always been passed on by
the attorney general. approved by the
governor and then passed on by the
board of state auditors, and / have
never had any complaint made that
they were unreasonable, but, on the
contrary, | have been assured they
were very modest and reasonable
when compared with some fees the
state has paid to attorneys"
But, Mr. Avery there seems to be
an idea that you and the attorney gen
eral were attempting in your proroscd
legislation to deal unfairly with III"
residents at the Flats. How about til,
feature of it?"
Mr.. Avery made specific deni:l e
this, saying: This is as false ard
misleading as it well can be. We aid
not propose to take for the state ore
cent from any OF the people at tie
Flats on account Of their improve
ments. Had there been an attempt TO
take away any improvements II would
have justly met with ccnGc nn3tton.
Mr.. Bird wanted the state TO give
these residents everything that the
state legally could give to thcm. The
nature of the states title is such that
in his opinion II is not possible for
the state to give a deed to any one Of
these persons. ! have given a coed
deal of attention to this legal question
and 1t is my opinion that the state of
Michigan cannot sell or barter away
these lands as it does its other public
lands. The state holds this title in
trust for the people of the state, and
as / read the authorities II cannot
grant title for private purposes at
the Flats. / know that some attor-
neys at Lansing last week asserted IL
as their opinion that the state could
grant away it's title, but for the most
part these same attorneys are the
ones who have contended in the cases
we have fought out that the state had
no title whatever TO the Flats, and in
other cases maintained that If the
state did have title It must sell to Mr..
Olds and the other spectators who
are after It, II it had been possible
for Mr.. Bird and Mr.. Fellows and / to
arrive at the conclusion that the state
of Michigan could convey a good title
to the individual occupants or to any
occupants at the Flats we would have
sanctioned such action. But. believ-
ing that this could not be done. we
did the next best thing and provided
that the state lease on a nominal an
nual rental to the occupants, the rent
to take no account of improvements,
and also giving the parties the ex-
elusive right TO renew the leases. We
even went so far as to offer a ninety
nine year lease, and this was rejected
simply because they had the votes to
compel a deed"
Have you anything to say about
taxes at the Flats?"
This country has lost thousands OF
dollars yearly because OF the inability
to enforce payment of taxes from the
great majority of the Detroit residents
at the Flats. and Clay township has
lost at least $1,000 yearly for the same
reason. One of the things We wanted
to do was to put 1t in shape to settle
this question of taxation, and this can
be done If the question of title is set
tied. Is there anything wrong in this?
l think not. But the Detroit influence
In the legislature succeeded in passing
the bill compelling the state to give
deed of these lands, and, not only
this, they are so kind as TO fix the
price the state shall sell II to them at.
Wouldn't you like to go out and buy
your neighbor's property, fixing your
own price and compelling him to con-
vey at your own terms? Great snap,
isn't It? But II the people think 1t is
right, II belongs to them, and 1 do not
gee why / should worry about II, yet
do hate TO work hard and succeed In