The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1910-04-26
FREDERICK II. BANCROFT.

proceed with the arbitration, unie
records. documents. etc, that may be
required"
Yes. your honor" responded At
torney Clyde |. Webster, on behalf of
the committee OF fifty.
We will as far as we are able =
said Mr.. Joslyn.
The court should have the best
evidence obtainable." resumed Judge
| Grant. II Want II understood at tne
outset that we want no one-sided III
Ivestigation That would be absolutely
useless.
| Attorney Webster then made an in
! formal statement OF the committee q.
! ffty's position, declaring his intention
| to put in the Bancroft appraisal as
printed as its prina facie case, back
ing IL up later with the evidence OF
/ living witnesses, called IN rebuttal
The burden is not on us TO estab
| lish the correctness OF these figures at
the start" he said
Up TO the D. v. r.
That is the business OF the Detroit
! United Railway, which has questioned
! this appraisal 1t is up TO the com
/ pany To- show wherein that appraisal
is incorrect and wherein il should be
changed"
What assurance have we that your
! witnesses will testify as to the ac-
curacy of these figures?" asked Judge
! Grant addressing Mr. Webster.
| We will produce them when the
proper time comes was the reply
But we understand Mr.. Bancroft
has, declared that he will not appear
before this court. How do you ex-
plain his attitude?"
Il can't explain his attitude. but
VIII have something to say about that
when | come TO make my formal open
| Ing statement"
The arbitrators made IL plain that
they wanted some reasonable assur-
ance that the committee is prepared
to back up the figures OF the Bancroft
appraisal by Bancroft or someone else
They wanted to be sure in advance
that Bancroft or someone equally com
petent would come forward and tell
how this or that figure was arrived
at. Attorneys Webster and Stanley
say that the men who assisted Mr..
Bancroft have expressed their willing
ness to come TO the aid OF the com
mittee Notwithstanding Mr.. Barcrofts
attitude
Attorney Joslyn strongly protested
against the printed appraisal being
put in and its figures allowed TO stand
as prima facie evidence.
That is no evidence at all" he de-
clared we want this court to hear
! the evidence of living witnesses on
I both sides of this controversy And
;
produce the living witnesses to testi-
! fy here We are ready at any time, we
are ready now, to go ahead and put in
our proofs We will not agree. how.
: ever, TO any printed record being sub
mitted as evidence.
AT this juncture Judge Muffin in
quired Of Mr.. Webster n, in the event
OF an adjournment until after the
common council meets, Tuesday
night, resolution could not be put
through the council giving the com
mission the official stHndtug Mr.. Bar
croft insists on.
An adjournment was then taken un-
til ii o'clock, when Attorney Webster
produced the record of the council
proceedings authorizing the commit
tee Of fiftv to continue its organiZa-
ton and TO take up for consideration
any matters disputed by the d. L X.
He also read resolution. recently
passed, requesting Mr. Hally to repre-
sent the city at the arbitration hear
ings. He expressed the opinion that
no further action was necessary on
the part of the council
The committee of fifty is satisfied
with the appraisal as II now stands.
continued Mr.. Webster. 1T is the
company that is dissatisfied II was
never our purpose that any burden of
! proving the items In the appraisal be
| placed upon us. The burden Is on
the ID u. X. TO prove. II possible, that
our appraisal is not correct You
/ gentlemen are to arbitrate the diff
I ference between the company and the
committee of fifty, and that was the
purpose the committee had I'm mind
when the board of arbitration was
agreed upon"
Suppose we find that neither side
Is right in its figures? Is il not then
our duty to determine what Is the
value OF this property" put In Judge
| Murhn.
THAT is quite right But let them
show what they claim and We will
meet those figures.
Judge Murfin's Opinion.
! Judge Murfin Our finding would
be worthless unless brought about by
such means as would inspire the con.
/ fidence OF the public. and we will not