Omaha daily bee., 1892-04-10
ON CONDEMNINC PARK LANDS
DR. Miller and Attorney Connell Talk About
the Park Boards Powers.
SOME NEW POINTS IN THE MATTER
d. Miller Says Condemnation is Too Slow
MIR. Conneli Says 1t VIII Save Much
Money and Help Out Many
WOrkmen.

Much comment aud criticism have beer
lnoulged over City Attorney Conpell,s lara
opEion In reference to the city having powe,
10 condemn lands for park purposes. Some
| nave the idea that the bonds voted at III,
iast election are only to be appropriated tr
tne purchase OF grounds for parks and no,
lor their Improvement. On the contrary.
the proposition voted upon states clearly
1hat 'he money to be gotten by the sale of
! lne pohds Is TO be applied to both the pur-
| chase ana improvements OF the parks after
| the grounds have boen selected by the mark
| commission
some OF the city officials, together with DIR.
George L. Miller of the park board claim that
oy cohdemning lands the city will be DELAYED
an indennlte length of time in getting parks.
Ine delay, II is set forth by those In oppos
'ion 70 condemnation proceedings, will be
occaslohed by endless litigation IN the shane
oi Appeals from appraisement, Injunction
sults ana Will only end by the proceedings
costing the city moro money than il it had
purchased the property outright.
Dr. Miler, upon being asked his opinion
why The delay would be made, said;
DIR. MiiIer's Opinion.
~ have refrained thus far from exnressin,
any opinion aoout the now phase of parl,
obstruction. 1t did not surprise me ar nil
from what knew OF a deli berate puroosa N
dofeat the project for ACQUIRING
parks this wear or at all 7,
Is plain to any one that If the APPRAISERS an
pointed by The mayor, under the advIca pf
the CITY attorney, should place the value nf
these lands below what has been asked for
sueii, e, tne citizens Interested In having the
parks secured at once and owners OF this
properly would DO everything ia their mower
10 resist the proceedings. l hear II said there
would be room for Injunctions and conten1
,ioh III this case at every step, but | DO not
know this because | am not a LAWYER Rnt
IN my opinion the expense OF litigation which
Woulu DO certain 10 occur to the CITY wouId
more tnan equal any advantage that could
De attained from exercising the rights of
oii,nont aothaln' besides l hold firmly TO the
opinion that the right of eminent domain is
q dangerous power, and that there is no jus-
tihcation Tor It's exercise for the purchase of
broad acres for parks. There is no such ne.
oessity ior II, as exists in the case for rail
ways, streets, alleys and those essential
things necessary for the public welfare, %
CITY Attorney Council was also seen nv a
reporter for The BEE, and upon being inter
viewed regarding the delay which is claimed !
' moa,a .i resuit from condemnation proceedings |
and the purpose OF advising such proceed |
ings, stated that the claim that he WAS on |
posed to parks or desired TO cause auy delay
IN securing them was utterly without founna.
tlon: ne stated That he had large properly |
Interests IN both localities where il is nro
posed TO secure land for park purposes
From personal standpoint as we'll as by
reason OF his general interest in public in.
proyements, he strongly favored the estab-
lishment of system of parks and homia
wards at the earliest day possible. He also
said that he believed this should bo done ss
REQ ouired by the plain provisions of the oitv
charter aud no was absolutely certain that
lhe opinion he had given Mayor Bemis Was
correct and that the courts woula herea
vindicate his position.
with regard To delay Mr. Connell say,
mat Injunction proceedings are moro liaely
% ioiio" disregard OF tue provisions of the