Kansas City daily journal., 1897-01-03
NO NEW TRIAL IN THE NORTH TER
RACE PARK CASE.
ARGUED BEFORE JUDGE SLOWER
HARDLY PROBABLE THAT THERE
WILL BE AN APPEAL.
Twenty Days Given in Which to Car
ry the Case to the Supreme
Court-Grounds ON Which u
New Trial Was Asked
Court News.

Unless within the next twenty days there
is an appeal to the supreme court in the
North Terrace park condemnation case. the
verdict of the jury in the Jackson county
circuit court will stand as rendered and
the city will be able to go ahead with the
details of paying for and improving the
property
If the case is carried up, it would be
nearly two years before final adjuiica-
ton of the case could be secured. AS there
are only two interested parties who are
protesting with any special vigor. it is not
thought probable that an appeal will be
taken.
Judge Slower yesterday overruled the mo-
tion of Peter Day, p. S. Brown, Sr., and
others for new trial. The consideration
of the case took up nearly the entire morn
ing session of the court, as there were 4
large number of attorneys and interested
property owners present. The principal
argument on the motion for new trial
was made by W. II. Brown, representing
his father, p. S. Brown, Sr. In arguing
for new trial of the case, Mr.. Brown
gave numerous technical reasons, contend
ing that the jury did not view the prop
erty; that the verdict was made up by the
city authorities and merely signed by the
jury; that the jury did not distribute bene-
fits and damages in proportion to the bene-
fits which would accrue or damages which
would be sustained by the property own
ers
a large number of affidavits were intro
duced by Mr.. Brown among them one
which attacked the constitutionality of the
verdict III that it exceeded the legal in
debtedness of the city. This affidavit was
sworn to by ]. C. Ford. who showed that
the following sums had been contracted
or We're about to be contracted under the
park law: Holmes square, SS4, ,45S.4S; South
paseo, S69,1OO.7S: North terrace, $6O3 119.Oi:
Independence plaza, S113,922; North paseo,
s1,1S5, 9OS.32; total, S2,O76 5O2.57. To be con-
demned (estimateD. Penn Valley park,
$SS7, 800; parade ground, $4,000; Grove park,
S129,00O; grand total $3,2i6OO2.57.
Mr.. Ford contends that the present debt,
sS,76O,OOO, exceeds the legal Indebtedness of
the city.
number of other attorneys advanced
similar arguments in support of motions
for n new trial.
Clarence S. Palmer assistant city
counselor, answered these arguments eff
fectively. He showed that the supreme
court had declared the park tax to be a
special tax, which did not affect the city's
debt-paying power.
During the hearing an effort was made
to introduce the petition of the protesting
property owners offered to the park board,
the official vote by which the park law was
adopted by the people of Kansas City and
also the counter petitions signed by nearly
5000 citizens of Kansas City and asking
that the park boards plans be carried out
Judge Slower held that all this was
irrelevant and then rendered his decision
overruling all motions for a new trial in
the case, holding that the jury had right
fully passed upon all matters coming be-
fore it and that the few law points brought
out by the attorneys for the property own
ers had been decided by the supreme court
adversely to the contentious of the prop
erty owners.
The North Terrace park is a tract of
about 200 acres of land in the northeast
ern part of the city and is ideally situated
for a public park. One portion of the
tract has been laid out by the Scarritt
estate and is already a beautiful little
breathing space. The North Terrace is
one of the fayorite schemes of the park
board and is natural accompaniment of
the Independence boulevard scheme. No
enterprise of the board of proportionate
magnitude can be carried to completion
with as little expense as the North Terrace
park. The total cost, little over $500 0OO
is distributed throughout the entire North
park district and is divided into twenty
annual payments of only $4,000.