The Detroit times., 1910-06-22
HALLY EXPLAINS
THE MOORE PLAN
Makes Analysis Of Municipal Owner
ship Measure-says Council
Cannot Amend Il.

Corporation Counsel Hally has pre-
pared his answer TO The questions sub
mitted by the common courcil rela-
tive to the Moore municipal owner
ship plan. Mr.. Hallys letter. which
viii be sent to the council this even'
ing follows:
To the honorahs. the Common coun-
Gsntiemen-In reply to the resoiu.
which was introduced by AID HARPER
/ In reply to the question: Il. tn.
municipal ownership amendment now
In tho hands OF this council 30 drawn
e Do n %so. the Of the
chase or building Of a street railway
system. and II 30, to what amountr
ms ssson Of the Of SsnS:
to the amount of one per cent OF the
assessed value OF the property Of the
city. Those bonds will be a charge
seaueni sections OF the bin are to be
used for the purchasing or the build
ing Of street railway sys,sm n, man
the purchase price or the cost price
Of building; upon the assessed vaiua-
| ton at the time: upon the success the
street railway bonds; and lastly, upon
the good Judgment and sound discre-
tion OF the men whom the city OF De-
way commissioner IL this bin be-
2. In reply to the second question;
may be issued under the proposed
amendment. increase annually with an
increase In the assessed valuation OF
the property In the city?
The bill contemplates but single
issue OF bonds. which will be charge
able against the city treasury, and the
by the answer to the mrs, question;
3. In reply to the third question:
rs there anything in the amendment
Sy walsh we can n ten 1as I be collected
them,"
section Is; of the proposed az amend n !.
shall be sufficient TO pay: (a) Operat-
ing expenses. Including paving and wa
tering between the tracks; 90 taxes
street car system. the same as though
privately owned: Co fixed charges;
td) a sinking fund OF one per cent per
issued. That is ali the bin contains
with respect TO the rate OF fare.
4. What express guaranty Is there
that the rate Of fare will not exceed
eight tickets for rs cents7'
find no language in the bill whicn
expressly fixes a definite rate OF fare.
s. Is there anything in the so-calied
Moore amendment to the charter by
which the city can condemn before a
jury. the Detroit United Railway
tracks. and u there Is such clause Is
Section 5. OF the proposed amend
ment provides that IL there Is no
sgreement made rs between cse nr 1ne and
the commissioners, IL would be pos
sible for the street railway commits
sion to the sondemna,ion
ceedings may be instituted for the pur-
| pose OF acquiring either physical or In
tangible pr09er1y ocs ass mat.er entirely 81
discretionary with the board.
| The home rule bill contains no grant
of power which would authorize the
| city OF Detroit TO give 10 itself the
power OF eminent domain except cover,
ing one or two small matters. and
among these street car tracks a mo
Recent legislation is wholly wanting
In the way OF sustainlns TINS p m,nent
legal authority has expressed the opin-
ion that under general charter p9wers
the city is clothed with ample 'urisdic-
have not had the time to examine
| into the question or the existence OF
| this power so as 10 give an OPINION
dennitely In the affirmative OF the neg
am informed that II is the intention
Of the proponents OF this measure 10
| al k the legislature at It's coming ses-
sion TO remove all doubt by passing a
comprehensive condemnation act
| HAS the common council the
| mower TO alter or amend the proposed
municipal ownership amendment TO the
charter before II is submitted to the
vote of the electors
The common council would have
mower 10 submit an independent bill
| 10 the vote OF the electors, but IL mas
10 newer over the bill in question 1t
may not alter II In the slightest par
ticular. It's duty with respect TO II Is
80 suhrnit IL TO a vote OF the electors
a. order that they may decide whether
or not IL Is TO become law.
Respectfully submitted.
p ]. NJ HALLY.
Corporation Counsel.