The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-05-06
BUDGET TEST SUIT
HAS BEEN STARTED
Attorney General Lends His Name
To Action Begun By Board Of
Commerce.

Acknowledgement Franz c. Kuhn
was in Detroit, Friday afternoon. and
held conference In Attorney Fred A.
! Bakers office with Mr.. Baker, Mil
ton A. McRae, president OF the Board
OF Commerce; Mayor Thompson, Cor
poration Counsel Hally and Control
Ter Heineman. at the close OF which
he consented to the use OF his name
| in the proposed suit TO test thu
validity OF the budget In the light of
Corporation Counsel Hally's conten.
| ton that IL is in excess OF the legal
Limitation.
| The suit Is brought by an "infor-
nation in equity" signed by the at
torney-general, on the relation OF
Milton A. McRae, who designates
himself as "a resident, citizen and
taxpayer, and president OF the Board
OF Commerce, a corporate organiza'
ton OF $500 business and profes-
sional men for the purpose Of pro-
noting the prosperity, growth and ad-
vancement OF the city" The de-
PENDANTS named are Mayor Thomp-
son, Corporation Counsel Hally, Con-
troller Heineman, Police Commission
er Croul, the board Of education, the
library commission, the board OF
water commissioners, the common
council and the city OF Detroit.
| An injunction is asked for, restrain
ing the mayor, the corporation coun-
! sci or any other official, from giving
out or proclaiming that the present
tax levy and bond issues are Illegal
In any way, and makes an alternative
prayer that In case any proposed tax
or bond issue is found to be exces-
sive and beyond the limitations fixed
by charter or law, or otherwise IL
| legal, the common council be direct
ed to reduce and reform the said
estimates and bond propositions and
make them comply with all legal
provisions.
The main body of the prayer Is for
determination as TO the legality or
the action taken by the common coun-
Gil and board OF estimates. II de-
clares that the action OF the board OF
estimates was prudent and within
tile law, taking the ground maintain
ed in the Moore municipal ownership
suit, that the provisions OF the home
rule law do not apply to the city un-
til II has revised it's charter. Tho
| two per cent limit was not In the old
laws for the government of cities, nor
| in the charter. After setting forth
the inconvenience to which the city
would be subjected IL the budget be
declared illegal, 1t asks that the court
decree:
THAT under its existing charter
the annual tax levy OF the city OF
Detroit is not limited by the home
rule act OF 1908 to per cent Of the
assessed value Of the taxable proper
ty in the city.
/ That bonds issued In lieu of taxa
ton are not to be included in deter
levy.
That taxes for school, library and
police purposes and bonds issued for
school and library buildings are not
to be included in determining wheth-
er the limitations imposed by the city
charter are being exceeded.
! THAT the estimates OF the annual
tax levy for 1911 Of the common coun-
Gil and board OF estimates are not
excessive, and the same and every
part and portion thereof are perfectly
! legal and valid.
! That the sewer bonds authorized
and approved by the common coun-
ell and the board OF estimates would
be legally issued and create bind
/ ing obligation OF the city Of Detroit.
That the Ferry field bonds, Art
Museum bonds and hospital bonds.
authorized and approved by the com
mon council and the board Of esti-
mates, would be legally issued and
create binding obligations on the city
of Detroit.
! That the public school bonds, and
the public library bonds, recommend
ed by the board OF education, and the
I library commission, and authorized
and approved by the common council
and the board of estimates, would be
legally issued and constitute binding
obligations OF the school district oil
the city Of Detroit.
That the water works bonds rec
commended by the board Of water
commissioners and authorized by the
common council and the board or es-
Inmates would be legally issued and
lawfully pledge the credit of the city
and water rates for their payment.
That such further orders and d.
rections may be had as the nature OF
the case, and equity and justice, may
require.
That In cuse any proposed tax or
bond Issue Is found to be excessive
and beyond the limitations fixed by
charter or law, or otherwise Illegal
that the common council Of the city
may be directed to reduce and reform
the said estimates and bond proposi
tons and make them comply with al
legal restrictions
THAT said William B. Thompson
and Patrick ]. NJ. Hally, and all Other
officers and agents of the city OF De
troit, may be temporarily and perpet
ually enjoined and restrained from
giving out or proclaiming that the
said proposed tax levy and bond Is
, sues are illegal in any respect what
ever
THAT such further and other relic
may be granted by this court as MAJ
be agreeable to equity and good con
science"
The information was filed in thu
/. circuit court Saturday morning, will
notice that the prayer for an injunC
ton would be argued Monday, OF al
soon thereafter as counsel could b.
heard.
Alaska Hearings Begin Monday.