The Detroit times., 1911-05-12
FR0WNs ON
delay IN D. U.R.
RENTAL CASE
Intement That Road May Require
* Months To Put in Testimony
met By Order That It Be Fin
ished in Two Days.
Mass of Figures introduced in At
tempt To Show City's Demand
Is "Ruinous."

N delay was the principal oDJect
OIL the Detroit United railway In in
sisting upon the right to put In testi'
mony In the suit brought by the city
to enforce the payment OF $500 per
DAY rental for the portions OF the
Fort-st. line on which the franchises
have expired, its plans have been
niDped in the bud. Judge Mandell SAT
r1Rht up and took notice when Attor-
ney Charles ID. Joslyn stated, Thurs
. day morning, that IL might take SIX
months to put in all the proofs.
why, your associate, Mr.. Baker,
et6ted to the court Monday, that the
to6timony could all be put In within
two days." said the Judge.
rBy that he meant merely our prima
lacie case and so stated, your honor,
' returned Joslyn.
And in the meantime, Mr.. Baker
nat porting over popderous legal vol
urne, apparently obliyious TO the dis
cussion that was going on.
Judge Mandell absolutely refused TO
countenance any such long-drawn-out
proceedure as Mr.. Joslyn contemplate
"a and decided TO limit the taking Oh
. 1<4tluouy 70 lWO ua5e, 90
planned.
Although the judge had expressly
stated that he did not care to near
any preliminary statement from coun-
sa, but would simply listen to the
teStimony, Attorney Joslyn said there
~ re certain matters that needed 10
BE- touched on before the proof could
b submitted, and then proceeded with
3 <long-winded statement that occu-
Died fully an hour. He reviewed the
cohtroversy between the city and the
Dx II. R. from the time the common
cohncil began adopting resolutions TO
safeguard the city's right to dictate
IL terms on which the ID. u. X. shall
oxibrate on streets where the fran
+ c1)ses have expired. He warned the
co|1rt that unless the bondholders,
w(ose interests are affected by this
1i(|gafion, are made party to the suit
u1Id have their day in court, any de-
cree rendered By the court would be
open to serious question. Judge Man
dell did not seem to be in the least
Derturbed by this warning.
Mr.. Joslyn then flashed on the court
i bale or two of typewriter pamph-
lets which, he explained. were sched-
+ uIes or tables prepared by F. II. Mac
Dherson & Co., public accountants, al
3 ter 10 months of strenuous labor,
showing revenues of the FOREST and
every other line operated by the COM
many and going in TO the entire trans
portation problem of the city of De-
troit In the minutest detail. The &C
countants, under the direction of the
company, had even gone so far as TO
estimate what the Fort lines share
OF the earnings of a Woodward car,
running on Fort from Woodward to
. Third, would be in case an emergency
should arise some time or another to
make such switching of traffic neces-
uary.
There were eight sets of these
ochedules. and Mr.. Joslyn proposed to
read each individual item into the
f. records, but the court drew the line
ot that. However, Mr.. Bonthron, OF
the Macpherson firm, was permitted to
5 tell how the schedules were prepared
& and TO- read certain portions of the
schedules which had been prepared
a. the form Of testimony.
An analysis OF the figures presented
shows that the Fort line compares
<avorably, In earning power, with the
other lines Of the system. The total
1ovenues Of the city lines within the
one-fare zone for 1910 was $6,2S7,-
s 601 50. The revenues OF the Fort line
alone were $605, S60.63, and for that
norton OF the Fort line on which the
rnnchises are claimed to have ex-
tired. $406,248.27. The revenues or
other lines were as follows:
Zefson. $792,37676; Depot, 49,
Michigan. $942,140.17; South
&31, 27S.S2; Trumbull. $780,
Brush. $170,765.67; Baker,
672: Sherman, $500, 4S6.74;
D8lls, $1S,255.26; Fourteenth,
1.30: Warren West, 56,694.91;
town, $322.S50.27; Harper, $780,
Victor, $4,123,43; Woodward,
I, t14.20: Third. $23s,09S.S3.
Ne total car mileage within the
<4ro zone, for 1910, was 1855, 2l9
.II18. and on the Fort line alone, q
<1| j IS miles. In this respect the Fort
Ind Was exceeded only by the Wood
Hn1d. Jefferson, Michigan, Sherman
&nd Fourteenth lines.
There was nothing in these SEIZED
uIe3 to show the expenses OF opera.
tot. but Mr.. Joslyn said this would
IS .nhown in four additional sets OF
schedules to be produced later.
The avowed purpose OF all this evil
dence is' to show that the rental or
5000 per day demanded by the city for
the Fort line Is exhorbitant, ruinous
and conhscatory. The company claims
( <h1f It's earnings on this line. over
. and above operating expenses, do not
exceed $4,000 per year, while the
rental amounts to $4,000 per year.
Thonas Beath, assistant to Robert
Oakman. land commissioner OF the ID.
Ij.IR, was the first witness called to
. the stand. He testified as TO the taxes
paid by the company on the Fort line
+ 1a1f year On the same rate OF taxa
ton as prevailed last year. he figured
that the Fort line would cost the com.
pa<|y. IN taxes and rental this year,