Discussing The Dual Attorney

DISCUSSING THE DUAL ATTORNEY
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Council at a Loss as to Its Action
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TO PRESERVE CITY RIGHTS
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The Ann Arbor’s Tracks on Hill Street and the High Tension Wires the Subjects of Discussion
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A special meeting of the council Monday night talked of what the city could do about the Ann Arbor railroad putting tracks across Hill street without permission of the city, when the city attorney was the railroad attorney. They also considered what they could do with the high tension wires, but as the city attorney was absent not much was done. Nine aldermen were present.

The first thing taken up was the removal of the high tension wires on First street. Ald. Kearns moved to reconsider the action of the council giving the D., Y., A. A. & J. the right to place high tension wires in the city.

President Haarer ruled this motion out of order.

Ald. Grose wanted to know what objection there was to the wires.

Ald. Koch: “They are killing off the trees. There is danger of their dropping and killing somebody.”

Ald. Johnson said that at a recent trial in this city he heard an electrician for the road say that with the appliances they use if one of the glasses broke and the wire touched the pole there would be as much voltage in the wooden pole as there was in the wire.

After a moment's desultory talk, City Clerk Harkins went to the telephone and called up City Attorney Sawyer, say, "The common council is in session and want to know if you will come down as they need a little advice." “Yes.” “Yes.” Then, turning to the council, ''Mr. Sawyer say he has got some work to prepare and be told the mayor before he called the meeting that he couldn't be here.”

President Haarer: "It is impossible to take any action if you don't know what to do."

Ald. Douglas: "If you put these wires off of First street, you have got to put them on some other street. The road got permission to put a transforming station in the city. These wires are one of the most dangerous things we have in the city."

Ald. Grose: “It seems to me that we ought to confer with the people who have put these wires in in good faith. There ought to be a committee appointed to confer with them."

Ald. Johnson: "The committee we have had to confer with railroads haven't been treated very courteously."

Ald. Hamilton moved that three Junior aldermen be appointed to confer with the D., Y., A. A. & J. in reference to changing the high tension wire. This carrying, Ald. Douglas, Schlenker and Johnson were appointed the committee.

ANN ARBOR RAILROAD.

The next matter taken up was the laying of a sidetrack across Hill and Moseley streets by the Ann Arbor road.

Ald. Grose: "How do they want to cross it?”

President Haarer: "The chair understands they are building sidetracks."

Ald. Clancy: "We haven't got any city attorney here to advise us."

Ald. Schlenker asked about Moseley street and someone else inquired what the road wanted.

President Haarer: "The chair don't understand that the railroad wants any more action than has been taken. They have already laid their sidetracks."

NOT SATISFIED WITH SAWYER.

Ald. Koch: "The sidetrack has already been laid across Hill and Moseley streets. They have crossed Hill street without asking permission of the council. The question is, have they the right to do this? Moseley street has been platted all the way through. The Ann Arbor road has laid one sidetrack near Fifth avenue. I think it is partly on the sidewalk. I, for my part, will do all in my power to protect the city’s interest. The city attorney is attorney for the railroad. I, for my part, feel that we ought to obtain legal advice from some other attorney. I was on the campus yesterday and met a number of men, all good citizens. When the city attorney was mentioned, everyone laughed. No one had any confidence that we can get any justice when a man is attorney for both sides. I, for one, am willing to get an attorney and get his opinion."

Ald. Koch moved that some good attorney be employed to give his opinion as to what the city can do in the matter of the Ann Arbor R. R. Crossing Hill and Moseley streets.

Ald. Clancy thought that Mr. Sawyer ought to be heard on this question.

Ald. Koch: "I don't want my opponent's lawyer to give me an opinion."

WHAT OF THE OTHER CLAIMS?

Ald. Hamilton claimed that Moseley street had reverted to the owners as it had not been worked. It would be well to get our city attorneys advice. Our city attorney assured us that if anything should arise when the city's interests conflicted with the interests of other clients, he would waive all interests of the other clients in favor of the city.

Ald. Sehlenker did not like the idea of the Ann Arbor road laying tracks across the streets without the consent of the council. This had been done. We might protest. This would simply throw the whole matter over into the hands of the successor of Mr. Sawyer.

Ald. Koch said the street commissioner, under the instruction of the board of public works, had gone to the city attorney and asked him to help him. Whatever might be said about Moseley street there was no doubt about Hill street. The street commissioner had asked the city attorney what he was going to do about it and the city attorney had said he could not do anything. He was willing to stand here at the last moment of his term of office and endeavor to protect the city.

Ald. Clancy said the best way was to offer a resolution asking the city attorney to report what can be done. Ald. Hamilton moved this as a substitute, but this not being supported, Ald. Koch's motion was put and lost on a viva voce vote.

Ald. Hamilton quickly jumped to his feet and moved to adjourn.

Ald. Koch (indignantly): "Are you not going to take any action at all?"

Ald. Clancy moved that the city attorney be instructed to protect the interests of the city and report what rights the city has at the next meeting. This motion carried and the council adjourned.