The Detroit times., 1910-04-25
up 10 the .. u. r.

That Is the business oil the Detroit
United Railway, which has questioned
this appraisal. IL is up to the COM
pany 10 show wherein that appraisal
Is incorrect and wherein IL should be
changed"
What assurance have we that your
witnesses will testify as TO the &C
curacy of these figures?" asked Judge
Grant. addressing Mr.. Webster.
we VIII 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?"
II can't explain his attitude, but |
will 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 10 the aid of the COM
mittee Notwithstanding Mr.. Bancroft 5
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
both sides OF this controversy. And
II Mr. Webster assures us that he will
produce the living witnesses to testi-
" 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
CURED of Mr.. Web. ,er If. in the event
OF an adjournment until after the
common council meets, Tuesday
night, a resolution could not be put
through the council giving the com
mission the Official standing MIR. Bar
croft insists on.
An adjournment was then taken un-
til IL o'clock, when Attorney Webster
produced the record OF the council
proceedings authorizing the commit
tee OF fifty TO continue its organiza-
ton and TO take up for consideration
any matters disputed by the ID. L. K.
He also read resolution, recently
passed, requesting Mr. Hally to repre-
sent the city at the arbitration hear
kn fafn haf
no further action was necessary on
the part Of the council.
The committee OF fifty is satisfied
with the appraisal as IL 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 t. r. TO prove. If possible, that
our appraisal is not correct. You
gentlemen are to arbitrate the diff
ference between the company and the
commit tee-ef Atty AID thatwaS- Lhe
purpose the committee had in mind
when the board OF arbitration was
agreed upon
Suppose We find that neither side
is right in its figures? Is it not then
our duly 20 determine what is the
value OF this property put in Judge
Muran.
That is quite right But let them
show what they claim aud We will
meet those figures.
Judge Murfn's Opinion.
Judge Murfin: Our finding would
be worthless unless brought about by
such means as would inspire the con.
1Geuce OF the public. and We will not
aCl a. a court unless We have the as
surance that some one will be on hand
to back mp the figures on which the
committee OF fifty relies and TO tell
how they were arrived at"
Judge T0yler We have a right to
know how you will meet the com
panys figures and whom you expect
TO produce for this purpose II Mr..
Bancroft refuses TO appear. then get
someone to stand in his place, TO call
In these men by whom YOU expect to
ford TO assume that these men will
be brought in"
Judge Murhn: Bancroft or his
equal is indispensable TO fair pro-
ceedlng. The presence OF such man
is absolutely necessary. You will need
an expert at your elbow all the time.
Mr. Webster. and YOU will want an
expert in whom the public has con.
fidence."
The judges consulted for moment
and Judge Grant then announced an
I adfournmeut until "Wednesday morn.