The Detroit times., 1911-10-23
A. II. DU PONT.

under discussion that the conferences
We're adjourned TO let Mr.. Hally try
the Fort-st. rental case. II will be re
called that there was meeting OF the
west side aldermen, on short notice
to d!scuse a north and south cross
town line on Junction-ave. The com
pany, at that time, offered 10 build the
extension IL the city would withdraw
the suit Evidently II was fearful that
the suit might upset the negotiations
for settlement. Or II is just possible
that the company foresaw an unfav
orable decision and was anxious tC
forestall 1t on account OF the effect
such a decision might have on the
city's attitude. In other words, q
victory in this case would give the
city an advantage, an advantage, the
company rightly figured, which the
citys representatives would be quick
to use in the way of forcing better
terms
However, the case was tried and
the Wayne circuit court, In due time
handed down decision humping the
company.
Paving Question Discussed.
Before this interruption, the paving
question had been discussed in a gen
eral way. When the conferences were
resumed, this phase of the matter
came in for more specific considera-
ton.
No less than 10 plans on paving
were submitted. These were thorough
ly canvassed, dissected and analyzed.
Then came Mr. du Pont and three or
four new plans were submitted.
The company contended that the
city's failure TO live up to Its obliga'
tions in the matter of keeping the
paving On the thFee-eent lines in re
pair had been source of great dam
age to the company. II did not pro
pose 10 leave this important detail tc
the city without some assurance thai
IL could force improvements when
they were needed.
In the end, the paving features OF
the old Detroit Railway ordinance
were transferred bodily TO the new
agreement, with certain changes cal.
cuated 10 make 1t more efficacious.
Under this clause, once the city
through the department of public
works, admits that improvements are
necessary there are several ways In
which they can be made, The city
can do the work itself, employ some
contractor TO do IL, or arrange with
the company TO do It. Or, IL the city
fails TO do any OF these things, the
company may go ahead with the work
and send the bill to the city, charging
10 per cent additional for the use of
it's tools and equipment
In reality. this is no concession on
the part of the city. Mr. du ont says
merely an assertion on the ctty's part
that it Will act in good faith with re-
spect TO its paving obligations.
II the Thompson plan meets the
councils approval, the proposed mu
nicipal ownership amendment TO ne
charter, which was to have been sub
mitted to the people at an early date
naturally will be held up for the pres
-ent The amendment was practically
approved in committee several weeks
ago and was turned over TO Mr.. HalIy
TO be re-drafted with certain changes
The fact that Mr. Hally was at work
on this amendment undoubtedly had a
bearing on the negotiations and prob
ably resulted In Fastening them II
had been expected that Mr. Hally
would send the amendment back 10
the council last Tuesday night. but
was not forthcoming At that time
negotiations for a settlement practic
ally closed.
Not Afraid Of City Ownership.
The company, however, insisted
right along that IL was not afraid OF
municipal ownership. That its adop
tion would have resulted in another
big lawsuit Is certain. The company
took the position that. under the p
tion In the old Detroit Railway ordi
nance. which gave the Detroit Rail
way the right-to acquire competing
lines as the franchises expired IL
would prevent the city from taking
over these lines as part OF a munich
pal system.
Repeatedly during the conferences,
Mr. Hutchins declared in substances:
We will fight you in the courts and
keep on collecting your nickcls till
1924, and We have the opinion OF }
less a man than Senator Elihu Root
that we could win.
senator ROOt Is one OF the great
est authorities in the United States
on corporation law. The company
also cited numerous cases, which. II
was contended, were parallel with the
situation In Detroit. and IN which this
question had been decided in favor
OF private corporations
III II came 10 a lawsuit, Hr. Hally,
or whoever happened TO be corpora
ton counsel at the time naturally
would have built up the city's case
on the theory that the Detroit situa-
tion, under all the circumstances, did
not present a parallel case.
but there would be no way, said
Mr.. Hally, Ito prevent the company
from dragging the city into court and
up to the United States supreme
court"
Would Mean Years Of Delay.
All this would mean years OF delay
and the people, In the meantime.
would continue TO contribute their
nickels.
The THOMPSON plan makes ample