The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-08-17
MORE ARTFUL DODGING
WORKS BOARD GETS ANOTHER
"OPINION" TO HELP 1T OUT.
Afraid of CapitOI-Avenue Block I'M
OLE the Property Owners.

When Mayor Taggarts different official
boards make gross errors or do something
else to exasperate property holders and
taxpayers the mayor has a way of crouch
ing behind the bulwark Of a convenient
legal opinion instead of facing the battle.
When the protests against the wrongful
park assessments got too strong the park
law was shelved by a suit in the Supreme
Court, which the park board caused to be
brought against itself. When the clamor
against the "BelIe-street sewer grew too
loud and an injunction suit was brought to
stop it, the city attorney very OPPORTUNITY
found that there was an error in the action
the board had taken. When Duncan Dewar
disclosed the illegal action of the Board of
Public Safety in letting the police tele
graph contract without complying with pro-
visions of the charter, things were tied up
a few days, pending a legal opinion"
which the city attorney was asked to give.
City Attorney Curtis left town. His deputy
was prevailed on to give an opinion hold
ing the board had substantially" complied
with the law.
Now another case has arisen. The Board
of Public Works. in it's 'idolatry'' of long
leaf, yellow pine block pavements, dis
regarded the wishes of the property owners
W
creek and Thirty-fourth street and insisted
on putting down block pavement instead of
macadam. The board insists that ma
jority Of the property owners favored this
but it is claimed that majority was Sc
cured by representations that the board
would not make any improvement at all
if blocks were not chosen. An injunction
suit was brought and loud complaints were
made to the mayor. The injunction suit
was not sustained by the court, but a sup
Elementary suit has been filed asking that
the board be enjoined because it acted ille-
gally by inserting a clause in the specifi-
cations providing Superfiuous earth should
be hauled to another street. Competent at
torneyS say that there is nothing in the
contention, but it afforded the mayor and
board means of retiring gracefully from
the contest 0ithout admitting that they
had sinned against the property owners.
City Attorney Curtis was asked for an Opin-
ion TO what the board should do not
Wthstanding that the lowest bidder stood
ready to go ahead with the work and take
the chances of getting his money Mr. Cur
tis's opinion was submitted to the board
yesterday He holds that the board should
rescind every action, that II has taken for
the Improvement and abandon further pro-
ceedings. He saws that the charter re-
quires specifications to be definite. He held
that the interpolated clause was in CONTRA
vention of this clause of the charter. Mr..
Curtis's opinion concluded:
Il find a conflict of authority on this
after most careful review of those bear
ing upon the case, | am of the opinion
that your resolution and specifications are
indefinite and uncertain, and contemplate
the taking and removal of dirt-possiby
without right-and placing it at points I'M
known. and the cost of which could not be
accurately determined by anyone from the
papers on file: and, therefore. advise you
that the only safe plan for you to pursue
is to reScind your action and conform TO
the suggestions made therein"
The board did not dispose of the subject.
but will probably enter an order resembling
every step il has taken, as il is rule Of
the administration TO be guided by the city
attorney.
c. A. Kenyon, the lowest bidder said that
he recognized that the board must be
guided by the attorney, but at the same
time he wished to state that opinions OBJ
tanned from attorneys Elliott and Winter
did not agree with Mr.. Curtis's He sug-
gestcd that the board wait until the Circuit
Court decides tho question in the supple
mentary injunction suit The court will be
in session next month. The board fears
that If the work is delayed that long it
cannot be finished before winter
DR.. J. w Stone recognizes that the eff
feet of the opinion of the city attorney will
be to stop ali improvements of Capitol ave-
nue. this year. Mr.. Kenyon told Or. Stone
that he would have time TO do the work
after Sept 10 The board has not decided
what n do.