The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-10
TROPICS TO CONTRIBUTE
THEY WILL HELP BEAUTIFY THE
ONE LITTLE DOWNTOWN PARK.
Palms for University Sauare-City
May Take Ground Bought
by Park Board.


engineer and superintendent under the de-
cision Of the Board of Public Works, spent
the day yesterday looking over the different
parks to ascertain what work is necessary
yet this fall Mr.. Power contemplates
raising the grade of portions of University
Square where there are low hollows. Sod
will be placed where it is necessary. 1t is
the intention to give to University Square
as much of tropical appearance as posi-
bic next summer. Palms will be placed
about in attractive spots. Shade is neces-
sary for the growth of palms, and the SUI
perintendent believes that the conditions in
this central park will be admirable. Several
thousand trees, bulbs and strawberries are
to be planted this fall. AT the Office of the
board it was said yesterday that nothing
will be done toward the river bottom and
Fall creek parks until City Attorney Kern
has delivered an opinion as to the exact
powers of the Board of Public Works with
reference to creating parks.
Since the city officials have somewhat re-
covered from the indecision into which they
were thrown by the decision of the Supreme
Court annihiiating the Park Board it is be-
lieved that less trouble than was at first ex-
pected will be experienced with the Council.
The platform of the party will be used to
whip the 'greenhorns" into line if they try
to divert the park fund into the purchase
of number of little Fairgrounds in their
own wards. 1t is announced that the policy
of the administration will be to work for
ward to the same general park plan as was
originated by the lamented Board of Park
Commissioners, perhaps on a less extensive
scale. There is one thing that is proving
something of a dampener. 1t is the fact
that when the board desires to open amy
public place" damages and benefits must
be assessed. The mayor has repeatedly said
that he was opposed to the assessment plan,
but it has not yet been made clear how he
can avoid it under the provisions of the city
charter, which provide in so many words
that benefits and damages shall not be con-
fined to the ground that is proposed to be
taken nor to properties along the line of
work, but shall also extend to and in
clude all property taken, benefited or in
Juriously aTIected." 1t is conceded by even
the park enthusiasts that parks will bene-
tit the whole city if they benefit any one,
in proportion, of course, to the distance of
property from the parks. If this is true it
seems that it will be hard to evade the as
sessment provisions. A parallel is drawn
between parks and sewers. There is al
ways complaint from property owners when
they are assessed for remote sewer work
There Will be complaint from those who are
assessed for PARKS, but the law Is plain on
the subject, 1t is SaId and whatever may
be the mayor own ideas about paying Tor
parks from the general tund, the law on the
question directs that the opposite course
snail be pursued in park matters just as it
is IN sewer cases mat Is, providing Sec
ton 90 of the charter, which authorizes the
Board of Public Works to open, change,
lay out or vacate any pubic place
within such city, may be stretched to COW
er the creation of parks. Nowhere in the
charter, it appears, is there direct author
ity conferred on the Board of Works to
create parks, but it is contended that the
provision permitting the board to lay out,
be so construed, inasmuch as a park may
be called a public place." The provision
With regard to assessments covers any
public place." as we'll as streets or alleys.
Under Section 63 the board may "appro-
pirate or condemn any property, real O.
personal" for the use of such city" The
next section extends jurisdiction to within
four miles of the city, and would seem to
give the board the right to appropriate or
condemn the Fall creek and river bottom
tracts laid out by the defunct Park Board.
The city officials are awaiting the opinion
of the city attorney on all these questions
with a good deal of interest. There are
a number who say that the city charter
ought TO be so amended that all sewers,
parks, street and alley openings and other
improvements that will benefit the city may
be paid for by special tax levy or out of
the general fund instead of by assessments,
as 1t now provides.
There is some apprehension lest the city
shall become involved in lawsuits as a re-
suit of certain proceedings taken by the
late Park Board. Before the suit to contest
the validity of the law was brought the
Park Board purchased three tracts of land
known as the Davidson, Kirkland and Dean
properties. In the first two cases deeds for
the property were accepted before the suit
was brought and while the park commits
sioners constituted a de facto board. In
fact, warrants were drawn on the con-
troller, who refused to accept them. There
is question as to whether such owners
would not have right to insist that the
transaction was completed, and that the
property belongs to the city, inasmuch as
1t was purchased by a de facto body with
full legal powers to make such contracts
especially since they were carrying out the
provisions of the ordinance appropriating
the money. Since the deeds were delivered
to the Park Board the owners have made
no attempts to sell to other parties, but
have awaited the decision of the Supreme
Court, expecting that it would unite the
funds. They have, indeed, refused to accept
q return of the deeds
There is a question as to whether the
Council will ratify the action of the Board
of Public Works should that body attempt
to carry out the contracts for purchasing
the Davidson Dean and Kirkland properties