The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-10
THE BOG IS STILL IN
TAGGART SWAMP LAND COULD BE
BOUGHT WERE HE RE-ELECTED.
Circuit Court Proceedings 4 April 20
Revived the Scheme That Had
Been stopped by Board.
INQUIRY MADE YESTERDAY
RESPONSIBILITY SHIFTED TO OTHER
CITY OFFICIALS.
Commissioners ExOnerate Spencer of
gIish and Perry Were Deceived.


charges of classifying the records, hypothet-
ically made by Commissioner Perry. The
commissioner had been informed by a Jour
nal reporter that the records of the board
showed that Mayor Taggart's Bluff road
land was included in the park system at
meeting held April 16. 1897.
IF the records show that it was taken
in on that date said he, there is an alb
solute Justification of the records by some
one, and the guilty man should be dealt
with most summarily"
The publication of this charge and the
corroborative evidence that had been ac-
cumuIated from the records of the Park
Board and the Circuit Court yesterday
morning resulted In special meeting of
the board being held. 1t was attended by
Chairman Claypool and Messrs. English and
Perry 1t was there demonstrated, to the
satisfaction of Messrs. English and Perry,
who attended the meeting of April Is, that
the records did show that initiative action
to include the mayors land was taken on
that date After hearing statements from
Deputy City Attorney Bell and Mr.. Spencer,
the board decided that the action appearing
OF record had been taken to correct an
error of Colonel Holloway. former clerk of
the board, who had not specifically de-
scribed the lands in his application for the
appointment of assessors. In other words,
the board decided that the record was mac
curate and did not show on its face what
the board now says it had intended 1t to
show. All attempt was made to correct
the record. Commissioner Perry said that
he had made a mistake He said that he
was satisfied of Mr. Spencer's innocence.
on his motion the following was incor-
porated in the boards minute book:
Sod mill Tho
statements of Mr.. Joseph e. Bell. assistant
city attorney. and Mr.. Charles ii. Spencer,
secretary of the, board. and Mr. Spencer Is
hereby acquitted of any wrongdoIng IN the
matter Ayes-Messrs. English, Perry and
Chairman Claypool; nays-none.
So far as Mr. Spencer is concerned the
record appears to be closed, but as to the
Taggart land the record is still open. Mr.
English and Mr.. Perry admit that as mat
ter of fact the records of the board showed
until yesterday the board took initiative
action Apri; 16 to include it in the park sys-
tenn. This is what has been contended in
articles in the Journal. That is still shown
by the Circuit Court record. An effort was
made yesterday to cure the park record,
but the action that was taken was not suffi-
cient, a well-known attorney says. 1t will
doubtless prove to be absolutely void. In
the meeting yesterday Mr.. English asked
If the record in the Circuit Court ought not
to have shown that the resolution adopted
April 16 asking for appraisers for the Tag
CART land and the other four tracts named
In 1.-THE Bobbs land, the Davidson and
Dean tracts and the Ballweg tracts-was
passed by the board to correct an error of
the former clerk, J. Z. Bell. deputy city at
torney, replied in the negative. He said if
that fact had appeared in the court record,
it would have vitiated it. Then Mr.. English
roH Of he
could not show that the action taken April
I6 had been taken to correct the records.
Mr. Bell replied that this would be proper.
Then a motion was adopted showing that
the entry covering the mayors land and
the other tracts mentioned in the minutes
of April 16 had been made to correct Col.
Holloway's error. The three commissioners
left the office feeling that they had straight
ened out the records at last by making
them show what the commissioners say
trst n MAY Bmt thew were asan deceived
The park record as 1t now stands is incon-
sistent with the court record, which pur-
ports to be copy of the park record.
CANNOT BE CORRECTED.
Court records cannot be corrected by any
such entry as that filed in the Circuit Court
April 20. 1t shows on it's face that it is
an entirely new procedure. Court records
are frequently corrected. 1t is done in an
entirely different way. 1t is done by
an entry showing reasons for the correc-
ton, dated back to the time of the original
proceeding and filed by leave of the court.
City Attorney Curtis knew this. His depu-
ty was acting with his advice and knowl-
edge. Both of them are quoted in the News
yesterday afternoon as making statements
that the proceeding in the Circuit Court
was an entirely new proceeding, and was
so intended. Neither one of them dared
go on record as saying that the proceed
ings in the Circuit Court were intended
n q
of Sept. IL, 1896. 1t would have been haz-
ardous to their professional reputation as
acumen to argue that Colonel Holloway's
error, made Sept. !, 1896, could be correct
ton for appraisers of that date, by leave
of court They both candidly admitted yes
terday that the proceeding in the Circuit
Court was new proceeding.
Mr.. Bell was quoted in the News as say
ing: II consulted frequently with MIR. Cur
it's ana we decided that the whole ground
same as if nothing had ever been done .
In acting Just the same as II nothing had
valued by the assessors at $300 an acre. was
taken up again. although it was presumed
to have dropped out Feb. 8. Neither MIR.
English nor Mr.. Perry knew, April IT, that
they were acting lust the same as If moth
ing had ever been done when they di-
rected Mr.. Spencer to make an entry for
correcting Colonel Holoways error, as
they say they did since their memory was
refreshed yesterday by Mr.. Bell and the
secretary of the board. Mr.. English, in his
interview printed in the Journal yesterday
morning, said: AT the time (April 16) l re-
garded the proposition to take in the Tag
CART land as long since abandoned.
MIR. ENGLISH WAS DECEIVED.
This proves beyond question that neither
the city attorney nor his deputy had ever
informed Mr.. English that the whole thing
would have to commence over again lust
the same as if nothing had ever been
done" MIR Perry yesterday was convinced
by Mr.. Bell and Mr.. Spencer that the ac-
ton of April Is was simply taken to cor
rect Colonel Holloways error, not to be-
gin over again Just the same as If moth
ing had ever been done"
The truth is~-admitting, for the sake of
argument, that the entry of April Is was
Was-that both Mr. Perry and Mr. English
were grossly deceived. They We're made to
believe by speclouS argument that Colonel
HoliowayS error had to be reCtified and
they placed implicit confidence in what was
said to them, that a new record would have
10 be filed in the Circourt Court Neither
OF them would have consented TO begin the
whole thing over again lust the same as
II nothing had ever been done" If they had
known that that proposition embraced the
mayors land, as the record in the board
and in the court both prove it did The
commissioners were not lawyers and did
not know what legal steps were necessary
TO correct the records. They We're guided
blythe attorneys In what they did
The action taken yesterday in attempting
to correct the minutes Of April Is so as TO
show that the action there recorded was
taken 10 correct Colonel Holloway's error