The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1910-05-11
DU DIRECT NE TO
bETRAY CITY; |
I, MUST DECLINE
- ,. NJ HALLY.
Prporation Counsel Sends Sensa.
onal Letter To Aldermen, Refusing
Flatly To Represent City Before
D. U. R. Arbitration Board.
Says Whole Proceeding Is Irregular.
Purposeless, Illegal, 0ne-sided and
Fruitful Source of Delay.

Corporation Counsel Hally SUBMIT
ed communication to the common
council, Tuesday night, in reply to The
resolution adopted In the last meeting.
oruerlng him TO represent the city In
the ID. u. X. arbitration hearings, and
again refusing to accept the commits
sion. In language that cannot be mis-
taken, Mr.. Hally tells the council
that he would consider II a violation
OF MS duty rs legal adviser for the
city TO take any part in the proceed.
ings.
This ends the matter as far as Mr.
Hally personally is concerned. lie
indicated plainly, Tuesday morning.
That his communication to the coun-
ell was his last word on this phase
81 the controversy. Whether the Re.
publican aldermen will attempt 20
punish Mr.. Hally remains to be seen
II is regarded as doubtful whether
any alderman will have the nerve to
start anything"
Mr.. Hally's letter follows:
May TO- 1870.
~ fhe honorable. the Common Coun-
Gentlemen-The recent resolution
Some" Dy YOU compels this Response.
o11Itn rev days ago my position was
outlined In an open letter. IL is an
necessary 10 repeat the reasons therein
expressed. Events since seem rattle!
tion. ~ my ''S'
=, You have now attempted TO make
ne court or arbitration an official BODY.
Rave you succeeded In this? The con-
stltution has taken from the IegtsIa-
tuIe and from local authorities, the
lower these bodies heretofore snsr-
M M Ia Ia
IN the people. Yet YOU try to bind the
cry cry without the sanction or the elec-
The common council is a body or linn.
neu jurisdiction. Its expressed powers
gre set forth In the charter It's I'M
pnf yI powers grow out OF these. IN
nelther can there he found any author
NY Tor the creation or such court.
Al, Nneh the question was presented to
the supreme court In A,turney-Gene:a,
answer
have no doubt that the common
Councll may choose it, own method
OF collecting informa. ION to guide
us legislative discretion. IL may.
IL chooses. conduct ITS inyesti-
cation through a committee OF out
siders or through the mayor, pro-
Niding the investigation il made Ia
Us behalf In accordance with Its
directions and subject TO its con-
troll, and the results reported TO IL
Tor its action.
This is the language OF Mt. Justice
Away.
How. then. In II possible for you 10
delegate a discretion which rests in
Scu alone? How can YOU shift TO Others
thf responsibility which was placed an
you by the votes OF the people? Not
only have you attemptedN io do :his,
but In advance OF the boards decision
you have confirmed it's finding
The whole proceeding - so irregu-
lar. purposeless. and illegal. so one
sided. and such a fruitful source OF
delay that IL no other reason existed
j would hesitate To be party tn II.
While the council IL the local legIs-
-lative body. and is clothed with rca-
sonably ample powers, II Is not the sole
master or every municipal situation.
The charter places responsibility
upon many others and among these IS
the corporation counsel lie Is charged
with conducting the legal businesS>Qt
the city. lie can no more shift the re-
sponsibillty which the law places upon
him than can you gentlemen OF the
common council; and as I have already
said, In my Judgment, IL Is unwlsI. IA
not dangerous. for the city to engage
In this procedure.
/ am charged with safeguarding ami
protecting the city. You invite and CT
rect me To assist In It's betrayal. | re-
gret the necessity OF declining TO fol-
low your direction. Ordinarily youI
request IL a command but here M
oath OF office compcls this action.
Respectfully submitted
T. J. NJ. HALLY,
Corporation Counsel.