The Detroit times., 1912-05-22
TRIPS WATER BOARD
Of ITS AUT0CRAT|C
POWER, SAYS POUND
Mayor Should Have Right To
/, Pass On Expenditures,
~ Asserts Commissioner
TAKES HARD RAP AT
CONTROLLER HEINEMAN
Says His Criticism Comes With
Poor Grace. B. Whelan
Submits Report

huIOcTduc powers, Sdlu COmmlbsloH
er Pound to The Times. Tuesday. 81
believe the board has too much au
thority and that the mayor should be
given the right to veto any of its ac'
tions providing for the expenditure OF
money. The public knows more to.
day about the methods OF the water
board than II did four or FIVE years
ago and that alone Is an important
step forward. Four or FIVE years ago
the board paid State Senator Scott a
fee to suppress all legislation that in
tended to fcurtail It's power.
1T comes with mighty poor grace
for Controller Heineman to criticize
the present board. know that
Mayor Breitmeyer wanted Heineman
to take the ONCE of water commits.
sioner instead OF controller, because
Heineman, as he says himself was al
waps interested In water board af
fairs. But Heineman refused, be.
cause there was no salary attached
to the once. He Is Independently
wealthy, and IL he is really sincere
about wanting the board under the
Jurisdiction OF the council, that was
the time to have jumped In and
shown his patriotism. He would have
iound in myself either a leader or a
willing follower In that movement"
No Need To Sweat Blood.
There Is no need for us to sweat
blood to find means of raising funds
for the board OF water commission
ers when the board itself does not
seem to be in distress about it, said
John B. Whelan, to The Times, Tues
day morning. Mr. Whelan was ap-
pointed a committee of one by the
Board OF Commerce to investigate
conditions with respect to the board
and the needs OF the water system as
revealed by Prof. Gardner s. Williams.
He made his report to the boards d.
rectors, Tuesday afternoon. and his
statement quoted above is the gist of
his report.
Mr.. Whelan expressed the hope that
II the board has sufficient funds for
the present, charter amendment may
be secured in ample time SO that the
board may obtain. funds to carry out
oil the Ions niHtfe by
Prof. Williams. - 3,
II think the most simple way OF
amending the city's charter would
have been for the city to first adopt
the charter under which 1t is now
working said Mr.. Whelan. Then Il
could proceed to amend that charter
piecemeal. IL this plan would fail, |
think the next best step would be for
the state to adopt the constitutional
amendment giving the cities the right
amend existing charters piecemeal.
IL the city attempts to formulate an
entirely new charter for submission
to the people, there Is serious danger
that the whole proposition will be de-
feated because of the conflict Of in
-terests involved"
Mr.. Whelan had another conference
with Corporation Counsel Lawson,
Tuesday morning, but Mr.. Lawson de-
clined to give him an opinion as to
the legality Of tn especial act OF tho
legislature purporting to give the
water Board authority to issue up
wards Of $4,000, 900. OF bonds.
. This seems to be rather visionary"
said Mr.. Lawson, TO The Times. I'VE
don't know what the water board
proposes to do. There doesn't seem
10 be any immediate need Of raising
more funds. II they give me con-
crete case l will tell them what I
think of its legality"
mr. LAWSON agreed TO give me an
opinion, Monday. but now lie refuses"
said Mr.. Whelan. "Of course, | under
stand the Situation and drew up my
report the best could under the cir
cumstances."
Mr.. Lawson gave Mr.. Whelan the
briefs and documents In the case IN
stituted by Milton A. McRae. ex-presi-
dent OF the Board of Commerce. to
enjoin the issue OF bonds by the board
OF water commissioners The situa-
tion appealed to Lawson as rather
lronical
Mr.. Whelan's Report,
Mr.. whelan's report TO the Board
of Commerce directors follows:
"Your committee appointed to con-
fer with the corporation counsel rela-
tive TO the report OF Prof. Williams
on the needs OF the water board begs
leave to report that the committee
has had several conferences with the
Hon. Richard Lawson, corporation
counsel, in an endeavorsto obtain
within opinion as to how the water
hoard may be assisted by, the Board
OF Commerce in raising money need
ed to meet the expenditures required
by the report OF Prof. Williams, but
has not succeeded In obtaining the
same. Mr.. Lawson turned over to the
committee the, records and briefs In.
the supreme court in the case OF Mil
ton A. McRae. vs.. the board OF water
commissioners and Others, from
which Il appears that the legislature
OF the state OF Michigan passed an
enabling act in 1911 authorizing the
water board to Issue $2,000,000 adGs-
iional bonds to obtain money for
needed extensions and improvements
TO its system. When thesboard sought
10 have the controller issue S250,000
worth OF said bonds, Mr.. McRae fled
q bill In chancery, which, among
other things, asked the court to de-
clare that the water works bonds,
recommended by the board Of water
commissioners and authorized by tke
common council and the board OF esti-
mates, would be-legally issued. This,
however. the circuit court declined to
do and held that the act authorizing
he bond issue was unconstitutional.
This case was appealed TO the s'i--
pseme court and was decided on other
questions than the one here at issue
and was rbmanded for further pro-
ceedings which up TO the present time