The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-03-10
MILLER BILL IS
Due FOR KILLING
Corporation Counsel Hally Presents
Strong Argument Before Legisla-
ture Against Measure.

the DctfOiI city 'Uhcioib hhc" eS~~~
Il, was pretty well riddled by Cor
poration Counsel Hally before the
house committee on judiciary last
night. Where Mr.. Hally left on, City
Attorney Marvin J. Schaberg, of Kai-
amazoo, began, and IL Is safe betting
that the bill will be killed in the
house.
Detroit, IL was explained, is the
only city directly Interested In the
bill at present, because It Is the only
city that has made a 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, when
In many cases the railroads, under
whose contract with the city the
change in grade is made, have had
concessions in the way OF right-cf-
way.
Senator Miller explained that the
bill was 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 q 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 I'M
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 4 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 q 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 10 no need
OF that provision in the bill As for
the damage by changing railroad
grades, IL is unjust that the city
should be obliged to pay damages In
this case, where a railroad voluntarily
enters into a contract to make GER
tain alterations. IL 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
street has ample and just compensa-
ton, in that he 10 paid the difference
between the value OF his property be-
fore and after the Improvement. To
compute this, the jury looks at its
value as business site. AS for dam
age to 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.. Hally
told OF several instances where
had alleged that they were
damaged because OF the street being
torn up, but there were 30 many other
causes contributing that no computa-
ton could be made.
''In a congested city, property own
ers necessarily have to suffer for the
obstruction of rights-of-way. 1t was
the case, for instance, when the Hotel
Pontchartrain was built, and trade
was diverted from all the business
places on Woodward-aye. below Ii. II
Is the case every time there Is paving
done There is no way to compute
the damage, and il Is necessary that
they shall suffer for the common
good"
Mr.. Hally explained the passage OF
certain amendments to the grade
separation law, which he had put
through the legislature of 1909. One
OF these was TO legalize the fixing OF
damages for grade separation after,
instead OF before the work was done,
procedure made necessary to ex-
pedite the work. The second was to
allow the separation of grades on
several streets at once, and the third
to allow bonds to be issued for dam
ages
He declared that the contract In
the case OF the American Mailing Co.,
which secured damages for railroad
grade alteration, was against his bet
ter judgment while he was assistant
corporation counsel, and that IL had
been a source Of trouble since
City Attorney Schaberg OF Kalama-
zoo, asked what sort OF a condition
Il would be for the city of Kalamazoo
to be obliged to pay damages for the
separation of the grade Of the Michi-,
gan United Railway, when II had
given the right-of-way in the first
place.
Attorney Arthur O'Connor told of
the damage to certain property whose