The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-02

TO H. c. Allen. judge of the Circuit Court.
1t is respectfully submitted by Charles
IT. Spencer. clerk Board of Park Commits
sioners." and says:
Sir-In accordance with the proceedings
set forth in the inclosed certificate (which is
filed for your information in the premises)
you are respectfully petitioned to appoint
three disinterested freeholders of said coun-
ty to act as assessors in the matter Of the
assessment and condemnation of the proper
" therein described
The certificate attached, to which the pc
tition refers. reads:
State of Indiana, Marion County,.
Charles Fl. Spencer. clerk of the Board of
Park Commissioners of the City of Indian
apolis, in the State and county aforesaid.
do hereby certify that at a regular meeting
OF said board, held at it's office, No. 6l9
Indiana Trust Building, Indianapolis,
Friday, April 49, 1897, the following proceed
ings were had, to wit:
''The board ordered that the following
property be included in the park system"
(Here is set out a description of the
Dean property and Ballwegs Ray-street
property, and then follows description of
the Bluff road land-one hundred acres
more or less, large part Of which the
pats in the assessors office show belong
to the mayor) The description of the
mayors land in the certificates made by
Mr.. Spencer on file in court is as follows:
''All that part of the southeast quarter of
Section IA, Township 10 north, Range
g. Township Is north Range east, de-
scribed as follows: Beginning at a point in
the center of the Bluff road at the south
line of the right of way of the Belt Rail-
road; thence enthusiastically along the
center line of the Bluff road to the south
line of lot No 5 in the subdivision of the
EbeneZer Dumont estate. recorded in land
record No. 20, Page Az Marion county rec
Ords; thence west along said south line of
lot No. to point in the west line or the
west half of the northeast quarter of Sec
ton %, Township Is north Range east;
thence south along said line to the north
lire of Romaine street as located in Will
liam Braden'S Riverside addition, recorded
in Plat Book Z, Page 10; thence west along
said north line of Romaine street to the
east bank OF White river. thence northwest
wardly, following the meanderings of the
east bank of White river to the south right
of way line of the Belt Railroad; thence
eastwardly along said line to the place of
beginning. containing one hundred acres.
The plats in the assessors office show
that the Taggart track lies as described by
Mr.. Bookwalter, south of the Belt road ana
east from the Bluff road to White river;
acres described above are in the Riverside
addition.
After the description of the lands lin
cluded in the park system" April 16 the
certificate signed by Mr.. Spencer says:
The following resolution pertaining to
the. above property was then adopted:
Whereas, the Board of Park Commission
ers. having determined to include the sew
eral tracts and parcels of land above set
out in the park system of the city of In
dianapolis and whereas it appears that
said board has not been and is not now
able to agree with the owners of said land
as to a fair cash value for the same, now
therefore, be it resolved, that the said
board have each and all of the several
tracts and parcels of land above described
condemned for the purposes of public
parks and other uses prescribed by an act
of the General Assembly of the State of In
diana, entitled An act to establish a de-
partment of public parks etc Approved
March IL. 1895. And the Hon. Henry Clay
Allen ind Of ha
is hereby respectfully petitioned to appoint
three disinterested freeholders of the coun-
by SAID act, to assess all damages occa-
stoned by the taking of said lands who
shall also proceed to assess such amount
or amounts so assessed by them upon the
property or the appurtenances thereto be-
longing, by reason of the location of such
parks, parkways and boulevards and the
change of the course of any stream and
by the other proposed improvements and
things authorized by said above Mentioned
act"
The certfication is indorsed: Witness
my hand this 18th day of April, 1897. Chas.
II. Spencer, clerk Board of Park Commits
Order Book 1923. PIP to 9. shows that the
petition was granted by the court and that
had previously been appointed to assess
other lands that were included in the park
system were appointed to assess Mayor
Taggarts land with the five other tracts
described.
BOG STILL INCLUDED.
Under the park law it was the duty of
the assessors to proceed with the assess
ment and report to the park commissioners.
who were to report finally to the court. I'm
til that is done the proceeding is incom-
plete and the title to the property is not
clear or at any rate a purchaser would
have notice by the proceedings in court
that the board intended to seize the land
and would buy it at his own risk Lawyers
say that until the report is made to the
court there is a cloud on the title and that
the records show that 1t is still the inten
ton of the Park Board to include in the
park system the lands above described
including the mayors, Notwithstanding his
disclaimer ---0
That Mayor Taggart was not ignorant of
what was gong on goes without saving He
was at the meeting of the board repeatedly
Wnen reporters were excluded and when
the subject of park lands was under dis
cussion. The statement in the boards reso
iuuon- whereas 1t appears that said board
mas not been and is not now able to agree
with the owners of said land as to a fair
cash value for the same indicates that
there must have been some discussion with
wanted for their land Some of the mari
commissioners realized that it would be
ssca1dalous thing to pay $500 an acre for
ldmu not worth more than $40
Time and again certain parts of the pro-
posed system were dropped and then TAX
en- en- up. one case was with regard to the
dropped out of the system and then lin
Guided again to appease Park Assessor
Joseph r. Flack and induce him to dismiss
ms SUIT against the annexation of Haugh-
vile: IL tlacks beheSt could be obeyed by
the board there is nothing to prevent it
from again taking up the consideration of
Ihomas Iaggarts land at his orders aft
er the election"
The point has been made by the Demo-
cratic papers that the mayor would be sub
Ject to fine and Imprisonment for trying to
sell his land to the city under the pro-
visions of Section of the charter which
prohibits city officials from making con-
tracts with the city. Anyone who knows
anything about the park law knows that
the board does not have to buy land nor
make contracts with the owners. The
board has the power of eminent domain and
can take any land without regard to the
wishes of the owner. If the board had car
ried on the proceeding that was cOntern-
plated and started well under way the
mayors land could have been taken, and
have been very easy thing for him to
say that he did not sell the land, but that
the board took it away from him by force
and the power of the law" Beside that il
is said that the board did not expect to get
to the point where it would come into pos
session of the land for a long time possi-
bly, not until after the election In the
event Taggart was defeated il would be a
very easy thing then for him to sell his
land in reality if need be, and in the event
of his reelection ii was the mayors plan
to have the board exercise the vast power
lodged in it by the park law. This explana-
chance to hide behind the seventh section of
he nhor