The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-06-19
TIE-UP OF PARK FUNDS
A VEXING PROBLEM IF LAW is DE-
CLARED UNCONSTITUTIONAL.
Expected that Supreme Court VIII
Pass on the Act Next Week-Hear-
ing on Appraisements.

For the first time in good many months
the Board of Park Commissioners passed
over the regular meeting day yesterday
without getting together Commissioner
Perry was the only member of the board
that put in an appearance. He sauntered in
just to see how the clerks are getting along
pending determination of whether the
park board is a legal body by the Supreme
Court. 1t is said about the office of the
board that the Supreme Court will come
here next week to pass on the constitutions
ality Of the park law. How the information
was obtained does not appear.
Next Wednesday is the day set by Park
Assessors Flack, Burton and Coffin for the
hearing of property owners who have been
assessed with reference to the value of
lands that are to be taken and the assess
ment of benefits to other lands. City Attor
ney Curtis said last evening that he had
not had time to consider just what course
the assessors ought to pursue. He said that
it was within their power to adjourn the
hearing if they should so desire. 1t is prob
able that he will advise that the hearing
be adjourned until the law has been passed
on by the Supreme Court
Mayor Taggart will be relieved of a very
unpleasant question if the law is declared
unconstitutional and the entire acts of the
commissioners and assessors set aside. He
sees in the complaints that have been made
against the irregular and discriminatory as
Sessments that have been made huge
stumbling block in the way Of his re-elec-
ton this fall, in case the asses SmentS are
followed out along the line already fol-
lowed. The mayor believes that only prop
erty close to the parks should be assessed
for making Improvements and would prefer
plan by which funds could be raised by
a general levy 1t is very doubtful if his
ideas could be legally followed if the law
were to be held valid and that the greater
portion of the work done by the assessors
would have to be confirmed by the park
board. If the law is overthrow it is said
that he will breathe much easier. OF course
he and his advisers might be held respon-
sble for the illegal issue of park bonds
to the amount of $350,000 if such a contingent
cy were to arise, as people are beginning
to believe it would have been wise for the
administration to have looked into the law
more carefully before creating such debt.
There are speculations as to what will be-
come of the park fund if the law Is over
thrown. Already the administration is sug-
costing that it would lie within the province
of the Council to transfer the money to the
Board of Public Works, for instance But
Controller Johnson has already raised
question as to whether any money can be
transferred from the park funds legally. He
raised this question when 1t was suggested
that $50 900 be transferred from the labor
fund to purchase Pogues run parks. 1t is
said that if the law is held to be unconsti-
tutional the entire bond issue Will become
invalid as ii was made under the authority
of the park act, but no one has SO far sug
gested that the city shall repudiate the debt
on that ground. The idea is advanced that
If the law is oVerthrOWn and with 1t the
park board, which was authorized to spend
the $350,000 appropriated by the council, that
no other board could be given legal author
ity TO spend the money and that 1t would
have to lie unused until a special act is
passed by the next Legislature. A business
man said yesterday that this would not be
such a great calamity, although the city
would have to pay two years interest on
it. In his view there is no necessity for sink
courses and bicycle paths to supersede the
dumpheaps in the river bottoms anyhow,
and he said that he knew of hundreds of
business men who would rather see the
money paid back to the firm from whom it
was borrowed. 1t is said that those are ques-
tons that must be met in the future, proA
vding the Supreme Court holds the law to
be unconstitutional