The Detroit times., 1910-04-21
HALLY REFUSES TO
PARTICIPATE IN
ARBITRATION
Writes Judge Murfn That Whole
Proceeding Is in D. U. RS Inter.
est, Has No Official Standing and
That He Won't Appear.
Quotes From Hutchins' Court Testi-
mony To Show Bancroft Appraisal
Is Away Too High.

Corporation Counsel p. ]. M. Hally.
Thursday morning, sent a letter to
Judge Murfin. declining the invitation
extended him to be present In behalf
OF the city at the sessions OF the ar
bitration board that will fix the value
or the ID. U. RS property, and giving
Iuil reasons for taking this position.
Mr.. Hally starts out with a refer.
ence to the announcement that the
court of arbitration will use the Bar
croft appraisal as basis from which
to direct its findings, and will con-
sider the raising of any valuation In
the report and any items omitted
from 1t on errors appearing in 1t.
An examination of the appraisal as
published. comparison of 1t with
one made 10 years ago, and discus.
sion OF 1t with Mr.. Bancroft, satisfy
me that 1t is decidedly favorable to
the Detroit United Railway, and this
conclusion is borne out by some re-
cent local history" he continues.
In this connection, Mr.. Hally quotes
from testimony given by President
Jere G. Hutchins In suit brought by
the Detroit Citizens Street railway
against the city In 1900, to set aside
an assessment. In that testimony Mr..
Hutchins gave the value Of the tang
ible property of the Citizens COM
pany, including the Grand River and
the suburban lines, as S1,101,115.
Mr.. Hutchins, at that time, gave the
value OF the tangible personal prop.
erty OF the Fort Wayne & Belle Isle
railway as s117,650.
The total OF the items testified to by
Mr.. Hutchins was s2,366,765, represent
ing the total value placed on the street
railway property by the president at
that time. Mr.. Hally summarized the
items as follows:
Detroit Citizens Street
Railway, including the
suburban companies and
the Grand River system s1.101,1i5 90
Fort Wayne 4 Belle Isle
Railway Company go. 1850 90
Detroit Electric Railway. 4ss.0oo 90
Real estate .............. $4,000 %
Total .............. s2.366.765 90
1T would seem that to add so per
cent, to these figures, because Of the
added trackage in the Seventeenth and
sixteenth wards. and for new cars.
would be a generous allowance; we
thus arrive at grand total Of $780,
49," the letter continues.
From the foregoing, which includes
practically all its property. IL seems TO
me that 1t is the duty of the city TO
contend that Mr.. Barcrofts appraisal
Is too high, and It, or Its representa-
ltives, should not be placed In the po-
lsition of defending a report which Is
already more favorable to the COM
panyr than it should be. There are
other considerations.
"A settlement OF a difficulty be-
tween men Is often reduced to the
simple question: Is II cheaper to set
tie or fight? Principle is often sacri-
feed to money considerations; but
neither the sovereign people nor their
representatives have the right to sac
rifice principle as matter of saving
time and trouble. The people OF this
city have proprietary control Of the
streets, and should not be asked to
arbitrate for the use OF their own
simply because a corporation claims
right where it has none" /.
Mr.. Hally continues:
The Detroit United Railway has not
asked for a franchise. II has not said
that IL Will accept the one proposed by
| the citizens committee OF nifty. IL has
made no offer, nor has IL rendered
bid for Its continuous use OF the public
| domain. Why, therefore. arbitrate?
| The present status presents this as
founding position: An unofficial COM
mittee OF nifty. with legal counsel OK
| nance designed to grant l4-year
blankket franchise TO the Detroit Unit
ed Railway, the rate of fare to be fixed
(see story on PIKE Eight