The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-06-03
IS THE PARK LAW VALID?
CLAIMED 1T CONFLICTS WITH THE
STATE CONSTITUTION.
Gross FavOritism shown Sterling r..
Holt by Park Appraisers in Exempt
ing His Property from Assessment.

Board of Park Commissioners which APP
pears to be rather serious The ConStitu-
ton of Indiana prescribeS that no public
officials, other than the judiciary, shall
hold office for longer terms than four
years. The park law provides for the APP
pOintment of the commissioners, one each
year. for the term of five years begin
ming with the first day of January in the
year of his appointment" 1t is probable
that this question will be raised in inJunc-
ton suits to prevent the Park Board from
taking lands it is condemning. A we'll
known attorney said yesterday that he had
given the law some consideration, but had
not gone into it fully. From what he had
observed, he expressed confidence that the
law would not stand if it was ever taken
before the Supreme Court There is one
feature, however, which may save it, That
is the fact that the commissioners are to
serve without pay. Possibly this might be
held to remove the office of park commits
soner from within the meaning of public
offices limited by the Constitution to four
years Even this, however, might not be
sufficient to save the law, an attorney cit
ing the fact that notaries public serve
without pay and their term of office is
limited to four years.
What the consequence would be of de-
cision holding the section of the law max
ing the term of office five years unconsti-
tutional would be is a matter of surmSe,
but the attorney who discussed the ques-
ton said that he had no doubt its ultimate
effect would be to inValidate everything
that the Park Board had done, set aside
all the appraisements that have been mace
and nulify all steps that have been taken
to take lands for parks What would be-
come of the park fund? What would be-
come of the lands that have already been
bought if the law were declared unconsu-
tutional and other questions of equal gray
ity are being asked.
From present indications these questions
are likely to get into the courts presently
Many persons are very much dissatisfied
with the work that has so far been done
by Park Assessors FIack, Coffin and Bur
ton, who were appointed by the court to
fix the valuation of lands that are to be
taken and benefits to other city property
accruing as a result of the establishment
of parks. The park board has anticipated
that there would be dissatisfaction from
the owners of land that is to be included in
the Fall creek system, who hold it at a
price in some cases double that fixed by
the assessors There is talk of a combina
ton of the diSatfected to resist the taking
of their lands at the price fixed by the as
SCISSORS. But few know just where they
stand. The notices the assessors nave pup
liShed notifying the holders OF landS TO pc
taken that they will meet June 70 TO hear
all interested parties concerning the as
sessments made only gives the names OF
the owners and the descriptions OF the lots,
generally by numbers. Each property own
er has to call at the office of the board to
learn what the assessors consider his land
worth. Yesterday number VINO We're IN
terviewed had not yet been to the office
of the board and were disinclined to say
what they would do until they knew how
much the board proposes TO pay Tor ther
lands.
Dissatisfaction is not confined to those
whose lands are to be taken. 1t is equally
strong in the minds of those who cannot
understand the motives that have actuated
the assessors in fixing the boundaries
within which property is assessed as bene-
fitted by the proposed park improvements.
Property of political friends of at
least one of the assessors has
been excluded from paying any
thing toward the improvement of the
parks The assessors have run their lines
down alleys, across lots and hither and yon
in way that cannot be explained Taxing
the southern boundary, for instance, II IS
made to go as far south as Georgia street,
to take in the property of kingan q Co.
Their plant lies close to the river bottom
east the line jumps to Maryland street,
which it follows for a block or two, then
jumps still further north to Pearl street:
At Capitol avenue 1t returns to Maryland
street, running as far as Illinois street,
where it jumps back to Pearl street, leav-
ing out the quarter block of Park Commits
sioner Holt opposite the Grand Hotel. At
Pennsylvania street it falls back to Mary
land street so as to take IN the MaJeSt&
building and the new Indiana National
Why" asked an irritated property owner
yesterday, did they not run their line on
Maryland street clear through? Why dodge
in and out of alleys in such fashion? The
Constitution says that taxation shall be
just and equal. Is there any justice or
equality in the method that has been fol-
lowed? No court in the State would so
hold"
Assessor Flack owns large tracts of land
in Haughville that will be benefited by the
parks if any property in that part of the
town will His land is said to be closer to
the river bottom parks than the Indiana
National Bank or the Majestic. 1t has been
very carefully excluded from the benefited
territory. Mr.. Flack was the most pre-
sstent west-sder when it came to de-
mandng that the river bottoms should be
purchased and a deal was made with him
whereby his suit to enjoin the annexation
Of Haughville was dismissed Park Commits
sioner Holt offering the inducements.
COTTON MILL OBJECTS.
Brewer &, Love Brothers, proprietors of
the Indiana warp mills, whose extensive
plant lies on the banks of the river, are
among those who intend to resist the eff
forts to take lands for boulevard. In 1881
they purchased the plant, then a small in
dustry confined to one building. AS John
r. Love expressed it yesterday, they
bought land in that locality where it would
be removed from the residence portion of
the city and where they could carry out
their plans unmoiested. AT that time there
were but 400 spindles in operation. Now
they have 800 besides an immense bleach-
cry in which all the cioth USED d Tor Iour T
bags in Minneapolis is bleached, filled and
prepared for use Each month from 2 20
6O0 TO . $50 coo yards are prepared. When
the firm bought the plant 1t was with tne
intention of working out plans that would
include the oDeration of 1,OU0 looms. To-
dav nearly half that number are IN oper-
alton Some four years ago an addltion
was built TO the original building extend
ING hack toward the river. Between IL and
Washington street a pig warehouse was
nicking room All the cotton comes from
The South in bales. 1t is picked ana sorted
over nv hand. AS the plant has EXTENDED
hack from the street toward the river IL
has become more ana more lnGTQ?nDen .de,.t
for the firm to maintain the picking room
i'm its present quarters, beside Whlch the
insura nee companies require that IL snail
he i'm a separate building. When the ad-
dition was built the company planned TO
build a new picking room SeVenty-hVe by
go bnpdred feet at the rear of the cord
inc room extending south past the end or
the yvareroom This would throw one cor
ner of the new picking room quite TO, IL
not over the river. The park commission
warehouse and the river for the boulevard.
RroWer q Love object Mr.. Love was I'M
xyiIliner tn saw what course his firm intends
TO pursue, but indicated that the land will