The Detroit times., 1911-03-09
MILLER BILL Is
DUE FOR KILLING
Corporation Counsel Hally Presents
Strong Argument Before Legisla.
ture Against Measure.

LANSING, Mich, March 9.-Sena-
tor Guy Miller's grade separation bill,
which got through the senate before
the Detroit city officials knew about
1t, was pretty well riddled by Cor
poration Counsel Hally before the
house committee on judiciary last
night. Where Mr.. Hally left OF, City
Attorney Marvin j. Schaberg, Of Kali
amazoo, began, and IL is safe betting
that the bill will be killed In the
house.
Detroit, 1t was explained, 10 the
only city directly interested in the
bill at present, because 1t is the only
city that has made q contract with
the railway companies for the division
Of grades: but other cities. notably
Kalamazoo. are contemplating making
such contracts, in which the railroad
companies insist that the city shall
pay abuttal damages. and they are not
anxious TO be obliged to pay damages
for the change Of grades Of the rail
roads and private spur tracks, wheI
In many cases the railroads, under
whose contract with the city the
change in grade is made, have had
concessions in the way of risht-of
way.
Senator Miller explained that the
bill vas only to cover ground where
the recorders court of Detroit had
ruled one way and the supreme court
had ruled the other.
The amendments to the present
law which are contained In the bill
give property owners three advant
ages-they specify that property own
ers on side streets whose grades are
changed shall have damages; that
temporary damages may be given for
loss of business during the progress
of the Improvement, and that the city
shall pay for damages by the change
Of grade Of railroad.
Senator Miller, In defending his bill
and the manner in which II was pass
ed through the senate, denied that
the city will lose millions of dollars
by the provisions of the bill, as has
been stated In some of the rather un-
complimentary remarks about his
course. In defense of the provision
for paying for damages by changing
railroad grades, he cited the case of
David Brown Of the Brown q Brown
Coal Co., who was present, and who
alleged that he had been obliged to
abandon a coal yard because of the
change of grades on John R.-st. He
cited the case of the American Malt
ing Co.. which secured a consent judg.
ment for such damage.
In opening his argument, Corpora.
ton Counsel Hally went through the
entire history of grade separations In
Detroit, through which the present
understanding was reached.
The side streets are included at
present" he said There is no need
of that provision in the bill As for
the damage by changing railroad
grades, II Is unjust that the city
should be obliged to pay damages in
this case, where railroad voluntarily
enters into a contract to make GER
tain alterations. II places the rail-
road abutter on a better footing than
Is the property owner in an unre-
stricted residence section, when a
neighboring owner chooses to put up
A. factory or some other building
which deteriorates the neighborhood.
Such damages are paid nowhere In
the civilized world. There il no use
for Michigan to be in a class by IT.
self
For damage to property from
grade separation, the abutter on a
street has ample and just compensa-
ton, in that he is paid the difference
between the value OF his property be-
fore and after the improvement. To
compute this, the jury looks at it's
value as business site As for dam
age 10 business, they are paid in no
similar case. One good reason is that
they are speculative damages, and the
rule of law Is that jury cannot go
into a speculation
In supporting this point, Mr.. HaIly
told of several instances where
tradesmen'had alleged that they were
damaged because of the street being
torn up, but there were so many other
causes contributing that no compute.
ton could be made.
"In congested city, property own