The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-05-04
ANNOUNCES PLAN
FOR BUDGET SUIT
Board Of Commerce Will Resort To
Old Procedure, Asking Court To
b Decide Six Questions.

Attorney Fred A. Baker. who has
been retained by the Detroit Board
Of Commerce for the purpose OF tax
ing action to sustain the 1911 tax
budget as passed by the common
council and board OF estimates. ex-
poets to 90 to Lansing, Thursday ar
ternoon, to obtain the attorney-gen-
erals permission to file an "informa-
ton In equity" against Mayor Tnomp-
son, Corporation Counsel Hally and
\ Controller Heineman. This Is an old
proceeding, but one that Is seldom
resorted 10 nowadays.
II the attorney-generals consent is
g Forthcoming, President Milton A.
McRae, of the Board Of Commerce.
will appear as the relator, not as a
representative OF the board, but as
an Interested taxpayer. though the
suit will be brought In the name or
the encouragement as plaintiff ex
rel. The information will include a
Transcript OF the proceedings Of the
common council and the board of esti-
mates with respect to the budget, q
copy OF Corporation Counsel Hal
ObAuhOh Oh thC NaA nhu
Mayor Thompson's message on the
subject. The information will ask
for q judicial determination OF six
questions and viii pray for an injunc-
ton enjoining the issuance Of any
bonds until the questions In issue are
determined. The questions TO be de-
cided are:
Does the per cent tax limit
t+It a. ~ ha k4n,a r.,ln In onnlv
In Detroit?
Should bonds issued in lieu of
taxation be considered In fixing
the per cent limit?
Are taxes or bonds for school
purposes subject to charter linn
ftations. the school board being
separate corporation?
Ii the special act passed by the
last legislature, incSeasing the
city's bonding limit from 2 to 3
per cent, valid?
II the legislative act authoriz-
ing the. issuance Of 100000 ad-
ditional water board bonds,
valid7
Are the sewer bonds author.
ixed by the common council and
board of estimates valid?
use OF his name, II is expected that
( the bill will be filed in the Wayne
circuit court within a week, and an
early decision Is looked for. Attorney
General Kuhn will be In Detroit Fri
day afternoon to talk the matter over
with Attorney Baker, and Mayor
Thompson and Corporation Counsel
Hally viii be invited To the confer !
ence. A
Mayor Thompson and Corporation
Counsel Hally are working on a little |
plan OF their own, and II Is believed |
they will spring little surprise be-
fore the Board Of Commerce suit Is |
begun.
Milton A. McRae gave out this state |
ment, Thursday: y---r--------rT"-ti
Mayor Thompson's statement
Wednesday, made apparently before
be understood what the Board OF
I Commerce Is trying to- do may mis-
lead some people regarding the action
Of the board, relative to the budget.
8 Wednesday morning called on Con-
troller Heineman and asked him RI
the budget as passed by the board OF
estimates and council would be paid
out An the future without further con.
sideration by the courts. He said that
legal action would be necessary, but
that he would cooperate with the
Board Of Commerce In any way with
In his power to secure II.
Fred A. Baker, who for several
years was corporation counsel OF De-
troit, had given an opinion while the
board of estimates was In session that
the two per cent law did not apply
to Detroit. Therefore, we secured Mr.
\ Bakers services, and after a confer
ence with the controller informed the
mayor Of what we Intended to do. The
only notice OF the Board Of Com
merce I'm acting In this matter Is to
provide schools, sewers, police and
s are protection and other necessary
$ improvements for the city of Detroit.
The fact that Mr.. Baker is one OF
the twenty-odd attorneys retained,
understand, by the ID. u. r. in Detroit,
has nothing to do with the case, ex-
cept that II Mr.. Baker is right in his
opinion the d. u. r. will have to
pay more taxes, instead Of less. How
ever, every taxpayer, large or small,
Will profit In my opinion, by the bud.
. get Cor the ensuing year remaining as