The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-04-10
QUESTION OF AUTHORITY
PARK BOARD AT LOGGERHEADS
WITH CONTROLLER JOHNSON.
City Attorney Says Council Must Make
Specific AppropriatiOns-Boar
Attorneys Differ.

that has existed on the subject OF the in
reference by the Council in the affairs of
the commission reached crisis. City At
torney Curtis has held that the commission
could not make expenditures of money un-
less it was first appropriated by the Coun-
ell for the specific purposes To which ii was
to be applied. Recently, however. the COM
mission has employed Messrs. Smith *
korbly to conduct its legal business. al
though the city attorney is supposed to look
after all legal business of the city officers.
Yesterday Mr.. Korbly said that he did not
think that the law restricted the commits
sion in this fashion. There was some talk
of arranging "a conference between the
boards attorneys and Captain Curtis. and
this was finally decided on, although
Messrs. Lieber and English favored appro-
priating $500 that is necessary 10 repair
the damages TO the dam at Garfield Park
out of available funds expecting the con-
troller to resist it, which would lead to a
friendly suit for the settlement of the point
by the courts. Colonel Perry said that II
the commission was to be tied hand and
foot and had TO appeal 10 the Council every
time 1t was necessary to spend any money,
ii would be seriously crippled. 1t con-
coded that this question ought TO be de-
termined once for all. Ii Messrs. Smith &
Korbly cannot see the law as the city at
torney does, and if he remains equally set
in his views, there will be "A suit to decide
whether the board must apply TO the Coun-
ell every time an appropriation is needed
for such an emergency as the rebuilding of
the dam.
Messrs. Smith & Korbly were requested
to prepare written opinion TO be submitted
TO the commission next y sdnesday after
..s.-
pursued in acting on the report of the ap-
praisers. Speaking off-handed the at
torneys said that il would not be necessary
court to hear circumstances against APP
pralsements made, but that the time could
be limited for hearing remonstrances to a
certain date. 1t is likely that all remon-
strators will be required to submit their
Ideas TO the board In written communica-
lions SO that time may be saved. 1t was
the impression of the attorneys that the
commission could act In this respect about
IKE the BOARD OF review, which Is re-
CURED by law to hear all tax remonstrances
within eighteen days. Witnesses will not
be heard in support OF the contention of the
law which permits remonstrances TO be
heard does not mean that they shall be
heard by the commissioners as by court.
WILL BEGIN ON SMALL TRACTS.
Mayor Taggart was present at the meet
ing with Controller Johnson. They referred
to the fact that the bonds had been sold
and that money for purchasing park lands
would soon be available. The mayor inquired
If it were the purpose of the commission
TO proceed at once with the Improvement of
small tracts that might be bought by agree
ment at the appraised price. instead of
waiting until the FAN creek system was
acquired in its entirety.
IT will take you long time. ! should
think, said the mayor, Ito get that Fall
q
Our idea said Mr.. Holt. lis to go ahead
with the work on the small tracts as soon
as We get them. L hardly think we can
do any work on the Fall creek system for
some time"
The first tangible step toward purchasing
park lands has been taken in the shape
or an offer 10 the administrators of the Kir-
land estate, which holds a piece of ground
covered with forest trees across White
river and not far from Haughville. 1t was
appraised at $500. Mr.. Kothe, of Kothe,
Wells d Bauer, who Is the administrators;
the appraised price. The commission be-
lieves that he will accept 1t after comforting
with the heirs, in view of the fact that
the board has the power to condemn it.
over people whose land is being considered,
and there seems TO be a tendency TO take
the appraised price rather than to resist
condemnation proceedings and pay court
costs.
j. NJ Todd submitted a proposition to
sell the board eighty acres on Brookside
avenue for $4,000. This will be considered
later. with another offering. the Davidson
property, East Market street for $780,
600. or $4,000 for half. The board does not
want half of the ground and will take the
entire piece or none at all. A proposition
10 sell strip thirty by 10 feet on West
Washington street. east of the canal, was
submitted by ID. NJ. Ransdell and William
Morrison. No price was fixed, but the board
seems to regard the piece as most too small
for serious consideration.
Colonel Perry said that the board has
not yet decided definitely on anything other
than TO take the kirkland tract If the
price offered is accepted. and that the Fall
creek chain of parks shall not extend down
White river lower than Indiana avenue at
present. This latter determination was
reached because the appropriation was cut
down $4,000, and the commission will have
less than enough money TO buy all the land
contemplated Besides this it is said that
the land along White river can be obtained
later. as IL is not likely 10 be improved for
years To come. Haughville citizens have
been circulating petitions asking that the
board reconsider this determination. 1t is
said TO be out of the question. As soon as
the board is Informed what course to pur-
sue with reference to the appraisements it
WI be made public and a determination
rRUhed as to what ground is to be bought
The board formally accepted the resigna-
ton of w. II. Holloway CColonel Bill) as
clerk of the board and appointed Herbert
Spencer his successor. Mr.. Spencer was au-
thorized TO purchase ledgers and other
books necessary to bring the records OF
the Office down to date. There has been
no definite system of bookkeeping in the
ONCE heretofore.
1t was reported to the board that NJ j.
Osgood had been cutting the tall timber
from the land he owned near Fall creek
that has been appraised and which is part
of the system which the board will pur-
chase. The attorneys were instructed to
confer with Park Engineer Power as TO
what steps can be taken TO prevent this.
The trees added materially 10 the appraised
price.
LAWNS IN CENTER OF STREETS.
Contracts were awarded for building the
stone arch over Bean creek. in Garfield
Park. to Hege & Sebern, and for water
mains 10 Foley Bros. The bids submitted
by three contractors for building the stone
pedestals for the military monuments and
cannon stands in Military Park were all re-
jected as being too high. Mr.. Power was
authorized to expend $40 for building a
porch and making other needed improve
ments to the custodians house in Garfield
Park.
The board discussed the question of i'm
proving the lawns in some of streets among
them Oriole street and Fletcher and Chris
tian avenues, which have been turned over
to the board by property owners. 1t was
decided that nothing could be done with
Oriole street until the roadway was made
passable. Nothing will be done 10 Chris
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