The Detroit times., 1914-03-26
HIGHLAND PARK
SEWER SQUABBLE
AIRED In COURT.
Village Renews Attempt To
Force Detroit To Provide
Needed Outlet
MANDELL QUESTIONS
TRIBUNALS POWER

Judge Doesn't Believe That
Property of City Can BE
COnfscated
The question OF whether q court OF
equity can compel city 70 open it,
sewers 10 the use OF another munich
pality was argued before Judge Man.
dell, Thursday morning. by Edwin y.
Bartlett, village solicitor. and Alfred
cucking, representing the village OF
Highland Park, which Ia praying for
sewer relief. and Assistant Corpora
tion Counsel Barlow. representing the
city OF Detroit. The argument was
continued Thursday afternoon, and
decision II not yet In sight.
Highland Parks sewage outlet. at
present, II an 18-inch opening into
the Woodward-ave. sewer. The vii
lage Is In precarious state. All ef'
forts to negotiate better sewer con
nections with Detroit have failed.
The state Board of Health was ap
pealed to. and after q hearing In Ann
Arbor, 1t issued an order directing
Detroit to grant relief to Highland
Park. But on the showing OF the
city's attorneys that Detroit IL scarce
ly in a position to grant such relief,
the state board agreed not to enforce
its order, while the village and the
city tried to arrange an agreement
that would be mutually satisfactory.
No such agreement has been reach
ed, and the circuit court has been ap-
pealed to. Several years ago. the
court granted decree which pr0vid..
ed for connection between Highland
Park and the city's Woodward-ave.
sewBr. The present action II to re.
open that decree.
Solicitor. Bartlett explained TO the
court that the village wants temper
airy relief, In large opening into the
WOOdward-ave. sewer. and permanent
relief In q manner to be settled by
the court
Our prayer Is for a general con.
sideration OF the question:" said Mr..
Bartlett I'VE do not ask permission
to overload the Detroit sewers. We
come In spirit OF cooperation. to
ask the court to define the RESPONSE
bilities OF both sides. We have never
asked for, anything that we are not
willing to pay for. We do not want
anything at the expense Of Detroit.
We contend that the Woodward.ave.
sewer, in time of storm, 10 grtevous
menace to the health of. both Detroit
and Highland Park.
Highland Park il the only munich
pality which has been refused the use
OF Detroits sewers. Indeed. citizens
OF Highland Park have been granted
permission to connect their sewers
with the Detroit system, by private
arrangement.
III the court finds that any imam
we don't care II the figures are our
propose to carry It."
Mr.. Bartlett insisted that the use
OF the Morrell-st. sewer. as 1t was
originally planned. would solve the
problem. This sewer, which empties
into the river at the foot OF Morrell.
ST., takes zig-zag course north and
east to Lawton-ave. Mr. Bartlett said
that as originally designed, this sewer
was intended to relieve the Wood
ward.ave. sewer and assist Highland
Park. The city engineers figures.
however, show that the MorreiI.st.
sewer, designed to carry S76 cubic
feet of sewage per second, already
carries 632 cubic feet, and could not
undertake the burden OF the High
land Park sewage.
At this point Judge Mandel inter.
rupted.
Il don't see what the Morrell-st
sewer has to do with this case,' he
said. Suppose there were no sucn
thing as the Morrell-st. sewer-what
remedy would you ask? Would you
condemn property in Detroit, to per.
init Highland Park to build o sewer!
lOr would you mandamus Detroit to
build a sewer to take care OF High
land Park. Can this court conhscate
property OF the city OF Detroit to ap-
ply It to other purposesT
mo-" replied MIR. Bartlett.
Understand, this litigation has my
entire sympathy, and ] Will DO all In
my power to bring about an amicable
agreement" the court continued. But
Il have serious doubts OF the legal pow
err OF this court to do something that
amounts TO confscation."
THAT Is what I have commended
said Mr.. Barlow. Some settlement
might have been arranged, but the
Highland PARK representatives came
before the council committee with
clenched fists and made demands in
a warlike manner. Instead Of smooth
ing our back, they roughened u.s..
1.-THE court In matter Of equity,
should consider existing conditions"
Mr.. Bartlett argued The Morrell.st.
sewer Is an existing condition. We
could use the county bitches; we
could use Connor's creek, emptying
our sewage into the river above the
Detroit water works-but we have
foreclosed the rights to which We
might have resorted."
"You need spend no more time on
showing the necessity OF relief" said
Judge Mandell. "The question is, has
this court power to act?"
Mr.. Bartlett argued that sewers are
not private property, where the police
power Is concerned, and concluded.
Mr.. Barlow contende0 nat High
land Park has already secured tho
Irermission OF Greenfield t0W0onip TO
lbuild sewers to connect with the Nor
lrelI-st. sewer. and said that similar
IpermIssion to build sewers in Detroit
could be secured.
L. i'll