The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-03-01


sucn damage and cor spcb imnAh
whereas. Tho cits OF detroit. atter
nesofistlons pending Tor several Years
did IN 1901 enter into the frst OF a SCI ie'
% agreements with The railroads enter
lng thiE city, providing Tor the separa
lion OF grades, which agIeemcnts nave
been renewed on several occasions w
20 the time % present writing ara
Whsrcas The fundamental censidera
ton Ia each AMI every one or thes'
agreements mas been that the rdiiroat
',compaHy or compSnies Was obusates
hereunder 10 pay the sntirc cost OF con
struction. Including retaining walls, cN
csvating and paving, and the city's END
of the expense was the assumption b,
ID OF the payment 70 the abutting prop
erty owners the damages which the stAi'
ute provided, which agreements hak'
been satisfactory 20 both the 7iilroaG'
and the City OF Detroit. and
Whereas The street railway conpau.
was made a party TO the contract anr
was required 10 pay that portion OF tnt
burden or construction pertaining 20 us
own property cracks, overhead equip
tnent and drainageD which. up 10 this
time so far Us the city's representatives
know. has been willingly borne by ths
street railway company. and under whlch
plan Detroit has made substantial prog
ress In tho matter OF separating Hs
grades; that there has been no serious
contention that anyone who claimed 70
suffer as a consequence was not ade-
uuately reimbursed; that In many In
stances In place OF the separation being
q detriment IL has actually materially
enhanced the value OF surrounding prop
Whereas. The grade separation law as
IL stood in 1893 required the city tn Ole
fits petition In the Recorders Court be-
fore the actual work OF separation was
started, which became physical Inn
possibility, and which. upon appeal &C
the Legislature in 1903. was amended N
such manner as To forbid damages he
ing ascertained until after the work was
finished. and
Whereas. 1t is apparent that BY rea-
SON OF the fact that the present Act has
been sustained by the Supreme Court or
six different occasions. that many OF
those who are familiar with the court
decision realize that they are unable 10
collect damages against the City Of De-
troit in cases now pending or which may
hereafter be instituted. have taken II
upon themselves to have the law Sc
amended as To permit the recovery q.
damages TO any property, Including that
OF street railway companies, which will
materially increase the cost to the City
OF Detroit OF separating It's grades. N
that IL Will burden the tax payers with
additional damages aggregating many
hundreds OF thousands OF dollars IN adj
dltion 10 the damages which they VIII be
liable for under the existing Act, and
Whereas, The passage OF this Act as
contemplated, will near the expenditure
palities In the state, who contemplate
or have now under consideration the
separation OF grades in their respective
cities, therefore. be il
Resolved. That IL Is the sense of the
Common Council OF the City of Detroit
that the House OF Representatives. be-
fore whom said Bill Is now pending. be
requested in behalf OF the people or the
City or Detroit and State of Michigan,
10 reject said Bin IN it's entirety, and
with the separation OF grades under the
existing acts. which have been held valid
By the Supreme Court. and be ~ further.
RaSolved. That the City Clerk be, and
he IL hereby directed TO transmit copy
hereof To each OF the representatives
from Wayne County and also a copy 20
Adopted as follows:
Yeas--Ald. Allan. Brozo, Burton,
Hindic, Keusch, Koenig. Knapp. Little
Held. Lodge. Lynch, McCarty. Merritt,
JBrien, Ostrowski. Owen, schultz.
,krzycki, Theisen. Thompson, Tossy,
Vernon. Walsh. Watson and the Presi-
ient--2s.
Nays-None.
FROM THE SAME.
TO the Honorable the Common Council:
Gentlemen herewith return, with
but my approval. that portion of the
OF your Honorable Body
authorizing the Detroit Legal News TO
publish In it's daily issue for three
days, the recently-enact-
ID ordinance known as the Building
code. Common Council Journal, Fol.
,01)
=. The new Building Code is attract
ng general attention. and copies are
Ind will be in demand by interested
PARTIES. The Board OF Building Com
has forseen this demand,
a n. -. -n..l
u the code. II Is TO this bureau. and
20 the City Clerk, that those interest
"a will naturally turn for information.
The Detroit Legal News. at the be-
nest OF your Honorable Body, publishes
rom time to time certain portions Of
he Official proceedings under terms OF
, contract: but i am informed by an
lttache OF the Legal Department that
UGH insertion IL not compulsory. Publi-
;ations like the Legal News are essen
tally looked upon by the legal profes-
lion as source OF Information on
'ourt items, Supreme Court decisions,
md similar data. Information on
matters are obtained from
A very conservative estimate places
he expense Of the proposed publica-
ion OF the Code In the Legal News
{ about ssso.oe. II would, in all
UGH n very large sum, but / fan TO
&c any real reasons for it's expendi-
ure. and, therefore. feel IL incumbent
pon me 10 veto Its appropriation.
wM 3, THOMPSON,
February 2Sth. 1911.
On motion the vote by which the
esolutiOn was adopted was reconsid-
red without objection.
The resolution was then referred to
he Committee on Ways and Means
FROM THE SAME.
70 the Honorable. the Common Council:
Gentlemen herewith submit, pursuant
% Section j. Chapter s, Of the Charter
he estimates submitted by the various
of the CITY for the fiscal
rear beginning July !, 1911.
The amount OF these estimates totals
'i+.05S. 1O4.04, by far the largest sum
.ver asked. and more than two million
dollars In excess OF the record-breaking
OF last year.
Those figures require no comment. The
ask before your Honorable Body IS self
evident. IL Ii up TO you whether The
high tax rate OF last year Is 10 be re-
oeated or exceeded. and If the reasonable
make such a rate necessary. Whatever
disposition 10 TO be made with this bud
ret, there is one point on which all must
agree, namely, that the bonding limit
must be at once increased unless the
growth of the City is to DE strangIed.
All permanent improvements OF any mag
nitude should. for some time TO come.
be paid for by bonds. Your Honorable
Body has gone on record 20 this effect
several times IN recent years. and not TO
put this resolution into effect would be-
nnder present conditions, an imposition
Oh the taxpayers. The bonded debt of the
rity IL relatively small II should he al
once increased TO provide necessaries OF
4 permanent nature. IL should be care
fully guarded. however. from ephemeral
schemes or wanton extravagnnce.
The procedure OF other cities, similar