The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1910-05-10
YOU DIRECT Me To
BETRAY CITY; |
MUST DECLINE
p. y. VI. HALLY
corporation Counsel Sends Sensa-
tional Letter To Aldermen, Refusing
Flatly To Represent City Before
D. U. R. Arbitration Board.
Says Whole Proceeding Is Irregular,
Purposeless, Illegal, One-Sided and
Fruitful Source of Delay.

Corporation Counsel Hally will SUBJ
NIT communication to the common
council, Tuesday night, in reply to the
resolution adopted in the last meeting,
ordering 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 his duty as 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. He
indicated plainly. Tuesday morning.
that his communication to the coun-
ell was his last word on this phase
or the controversy. Whether the Re-
publican aldermen will attempt 70
punish Mr.. Hally remains to be seen.
Ii is regarded as doubtful whether
any alderman will have the nerve to
start anything"
Mr. Hallys letter follows:
To the Honorable. the Common S,oun-
cil, Detroit, Mich.
Gentlemen--The recent resolution
passed by you compels this response:
some few days ago my position wis
outlined in an open letter. 1t is UNI
necessary 10 repeat the reasons therein
expressed. Events since seem rather
ton.
You have now attempted to make
Inc court OF arbitration an official BODY
Rave you succeeded in this? The con-
stitution has taken from the legisla-
ture and from local authorities the
over these bodies heretofore eur
clSea over PUBLIC utilities and placed II
IN the people Yet you try TO bind the
city without the sanction OF the cleo
torate.
The common council is a body OF lin
TIED Jurisdiction. Its expressed powers
piled powers grow out of these. in
neither can there be found any author
ity for the creation Of such a court
when the question was presented TO
the supreme court in Attorney-Gene=ai
answer
l have no doubt that the common
council may choose it's own method
or collecting information TO guide
Its Legislative discretion. 1t may
! IL ~ chooses, conduct Its investi-
CATION through committee of OUT
slders or through the mayor, pro-
viding the Investigation is made in
It's behalf in accordance with it,
directions and subject to it's con-
trol, and the results reported to 1t
for Its action
This is the language OF Mr.. Justice
blair, and is concurred in by Justices
Grant, Montgomery. Ostrancer and Nc
Away.
How. then is 1t possible for you 10
delegate discretion which rests in
you alone? How can you shift to others
the responsibility which was placed In
you by the votes OF the people? Not
only have you attempted TO do this.
but In advance OF the boards decision
you have confirmed its finding.
The whole proceeding is irregu-
lar, purposeless. and Illegal. so one
sided, and such a fruitful source OF
delay that IL no other reason existed
i would hesitate 10 be a party to II.
While the council is the local legis-
lative body, and is clothed with rea-
sonably ample powers, ii is not the sole
master OF every municipal situation.
The charter places a responsibility
upon many others. and among these -
the corporation counsel. He is charged
with conducting the legal business OF
the city He can no more shift the re-
sponsibilty which the law places upon
him than can you gentlemen of the
common council. and as ! have already
said. In my Judgment. IL Is unwise, IL
not dangerous, for the city TO engage
in this procedure.
am charged with safeguarding and
protecting the city. You invite and Gi-
rect me TO assist In its betrayal. / re-
greet the necessity OF declining to fol-
low your direction. Ordinarily your
request is command. but here my
oath OF office compels this action.
Respectfully submitted.
r. j. NJ. HALLY,
Corporation Counsel.