The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-07
UNDER WORKS BOARD
THE INDIANAPOLIS PARK SYSTEM
WILL BE CONTINUED.
City Attorney Preparing an Opinion
to show the Status of
the Matter.

City Attorney Kern will tomorrow sub
nit an opinion to the Board of Public Works
as to the effect of the decision in the park
case and as to the powers the charter con-
Iers on the Board of Public Works Sec
ton SO of the charter gives the Board of
Public Works power to condemn hire or
purchase any real estate or personal prop
erty needed by such city for any public pur-
pose' except when a different provision for
purchase is made by this act, provided that
"hen sum of more than $1,000 is required
70 De paid for the condemnation, hire
purchase of any real estate or personal
property the same shall not take place I'M
less the condemnation, hire or purchase is
specifically authorized by ordinance" The
section also lodges the custody of all city
property in the Board of Public Works and
authorizes it ito care for the same, except
where the custody of such property is by
this act placed under different control" Sec
ton So gives the Board of Works power to
TX benefits and damages whenever it shall
desire to appropriate or condemn, for the
use OF such city, any property, real or per-
sonal,' or wherever it shall desire to open,
change, lay out or vacate any street, alley
or public place within such city, The next
section extends the boards jurisdiction to
that the list of persons affected by con-
demnation proceedings "shall not be con-
fined to the owners of property along the
line of proposed work, but shall extend to
and include all property taken. benefited
or injur1ously affected"
Section 65 says that upon the completion
OF the list of property owners the board
shall proceed to award the damages sus-
tanned and to assess the benefits accruing
TO each piece of property on said list" AS
In the case of the Park Board, while the
Board of Public Works has jurisdiction in
these proceedings, appeals may be taken to
the Circuit Court. The different sections
quoted give the board power to condemn
any real estate for amy public
purpose and to appropriate for the use of
such city any property, real or personal"
1t is believed by the city authorities that
this gives the Board of Public Works al
most as much power as the Board of Park
Commissioners exercised subject, however,
to one restriction, the restriction which pro-
VideS that more than $4,000 shall not be spent
without authority OF a special ordinance
Here is where the trouble will arise. 1t is
already pointed out that it will be more
difficult to get such a large body as the
Council to agree. as to what lands ought
to be purchased than to reach an agreement
in the smaller body. Each councilman Will
want parks located in his particular sec
ton of the city, regardless of general plan
very slow and beset with many difficulties
THE MAYORS REPLY.
The city authorities are not dsmayed.
Controller johnson telegraphed the mayor
the decision of the court. Yesterday he
received the following answer:
IF the law is invalid the control of parks
will revert to the Board OF Puphc WORKS;
and the new park system will be continued
just the same"
After receiving the message Mr.. johnson
called the attention of President Downing
and Mr.. Montgomery, of the Board OF Pub
lib Works. to the necessity for taking I'M
mediate steps to care for the Ola parks,
which, under Section SO of the charter, are
under custody 0f the board. City Attor-
ney Kern was at once asked for an opinion
as to the powers and duties of the board.
Yesterday he said that he had given the
subject consideration and would have his
opinion ready to deliver to the board To-
morrow. BY that time the mayor VIII
have returned. and the park question Will
at once be taken up. President Downing
expressed the opinion yesterday that the
hands of the board are virtually tied by the
provision which requires the consent ana
approval of the Council in order to make
expenditures.
There has already been talk of diverting
the 900 appropriated for park purposes
to some other channel. Talk of buying the
water plant and talk of new city building
has been revived. Nothing of the kind can
be done without the approval or the con-
troller, as appropriations cannot be made
by the Council without his recommendation.
1.-THE money must not be diverted. sald
Mr.. Johnson. 1T has been set aside Tor
parks and to use it in any other direction,
in my opinion, would be outrageous cam
not consent to such suggestions. In the
first place, it is out of the question Tor the
city to buy the water plant or assume the
liability of the purchase. The only way
that could possibly be accomplished would
be through trustees taking the plant by
placing a mortgage on it, or something OF
that kind without the city becoming LA
ble This money must be used or parks.
OF course we will have to proceed slowly.
| doubt whether $780, GOO would pay for such
a park scheme as has already been planned,
but we can proceed with a general plan IN
view, working forward to it gradually. 1t
would be extremely unfortunate for the city
to have to wait until meeting of the Leg
islature to pass another park law AT least
two years would have to pass before any
thing could be done by another board.
hope that something. may be done so that
the work will go on.
If the work were delayed it is pointed out
that the entire amount of money would lay
idle, while the city would be paying about
Sl4 coo a year interest.
One thing in connection with the parks all
ready owned by the city that requires I'M
mediate attention is some provision for pay
ing the men who are employed in looking
after them. Yesterday w. c. Spencer, for
merly clerk of the Park Board, submitted
list of all employees to the controller to-
gether with statement as to the condition
of the park finances. 1t is understood that
there is enough money on hand TO maintain
the parks for the remainder of the year
Some misstatements with regard to the bal
ance in the special park fund have been
published Originally it contained some
S373, 600, including the premiums that were
obtained from the bonds. OF the fifty
thousand-dolar labor fund that was created
by the Council $1,000 was transferred to the
repair fund to pay for repairing the dam
in Garfield Park. Beside that some 81, 300
was paid for publication of the list of lands
that had been condemned by the park as
SCISSORS. This, with the expense of issuing
the bonds, brought the total expenditures
up TO about $4,000. Instead of being 1858 900
the balance is about 1864 600.