The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-09
OPINION ON AN OPINION
CITY ATTORNEY LAYS DOWN PRO-
CEDURE IN PARK ENHANCEMENT.
Works Board In ContrOI-Engineer
Power and Clerk Spencer still
Kept on Salary.

Mayor TagBart held a long secret confer
ence with the Board of Public Works, Con-
troller Johnson, Park Engineer Power and
c. Fl. Spencer, clerk of the former Park
Board yesterday afternoon, with reference
to caring for the parks of the city, AS
result of the conference Mr.. Power was
directed to continue in his present posi-
ton of superintendent and engineer of
parks. He was directed to dispense with
the service Of all office employees and others
who are not absolutely needed during the
winter months. Mr.. Power was cautioned
to keep within the appropriations. Mr..
Spencer submitted a financial statement,
showing that there is a balance of $5,146.24
in the fund for the maintenance of the diff
ferent parks. This is believed to be ample
for all purposes for the remainder OF the
year. Under the boards order Mr.. Power
will retire w. l. Lacey, W. j. Langridge
and Fred Meyer who were in the engineers
field corps, and Harry Reinshagen, the
draughtsman- The custodians will remain
for the present Laborers will be retired.
1t is understood that these dismissals will
be only temporary, and that the men Will
be re-employed when the board gets to
work purchasing additional parks.
The action of the board was in accord
ance with an opinion of City Attorney
Kern, who wrote the board as follows:
I'm response to your request for opin-
ion as to the effect of the present decision
of the Supreme Court Of the State, declar-
ing invalid the statute known as the IN
dianapolis park law, on appropriations
made for the Improvement and maintenance
of parks already owned by the city, ana
as to your powers relative to such parks
1 have the honor to submit the following:
"By reason of the decision mentioned, the
law on the subject of parks-their mainte-
nance, control, custody, etc., is precisely as
of March l. 1897 which has been declared
unconstitutional.
Section 50 of the charter provides that
your board shall have charge of all prop
erty, real and personal, belonging to such
city, and to care for the same, except
when the custody of such property Is by
this act placed under different control. TO
design, order, contract for, ana execute the
Improvement or repair of any property,
real or personal belonging 70 or used by
such city, ETC., to discharge all
other duties of an executive character not
falling within the sphere of some other
executive department or imposed upon this
department by ordnance
Under these provisions there is no doubt
as to your authority to take full charge of
the parks and park ground now owned by
the city, and to manage, care Tor and Inn
prove the same.
''The Common Council by the ordinance
OF Sept. IA, 1885, appropriated money for the
maintenance and Improvement OF these sew
eral parks mentioning each by name and
in some instances desi gnating the specific
purpose to which the money thus appro-
priated for each park should be applied.
The unexpected balances in these funds so
appropriated are available for your use for
the purposes named in the ordinance, and
may be expended and paid out under your
direction and on your order without any
further legislation on the subject"
Later on Mr. Kern will submit lengthy
opinion as to what course the board may
pursue toward purchasing parks, covering
all the details of it's powers in this respect.
SPENCER WILL CONTINUE.
For the present G. H. Spencer will con-
tinue to do the clerical work. 1t was as
serted at the meeting yesterday afternoon
that the board had not gone into the ques-
ton of establishing a park bureau nor into
the question OF whether the tracts of land
that had been purchased by the Board of
Park Commissioners should be taken by the
Board of Public Works. These were the
Dean, Davidson and Kirkland tracts. Deeds
were delivered to the Park Board by the
owners, but the purchases were not COM
pleted, Controller Johnson refusing to issue
warrants after the injunction suit was filed.
With these warrants taken into account,
the financial statement Of the park fund
shows that there is $2lS, So: y available for
purchasing land and g7.SS in the labor
fund, exclusive of the cost of printing, is
suing the bonds and $1,000 transferred for
repairs to the dam in Garfield Park.
There is to be a conference between the
Board of Public Works, the mayor, city
attorney and members of the majority in
the Council to decide what shall be done
toward purchasing parks It will then be
determined whether the scheme that was
laid out by the Park Board shall be fol-
lowed or not. Fear is expressed that the
councilmen will insist on dividing the
money up for the purchase of small parks
in different sections of the city instead of
following out the idea of a string of parks
along the river front and Fall creek. The
Board Of Public Works realizes that moth
ing can be done without the cooperation
of the Council and an effort will be made
to have an understanding with that body
as soon as possible.