The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-06-10
NOW IN SUPREME COURT
THE PARK LAW TEST CASE RAIL
ROADED THERE YESTERDAY.
Judge Alien Sustained the Law With
out DiscussiOn-PrOperty Owners De-
manding Pay for Their Land.
A case to test the constitutionality of the

Supreme Court Judge Allen. of the Cir
cult Court, holds the law to be valid. An
effort to get a hearing before the Supreme
Court adjourns tomorrow for the summer
vacation will be made.
AS anticipated, Baker & Daniels filed
complaint for the Indianapolis Brewing
Company, asking for an order enjoining E.
F. Claypool, Sterling r. Holt, William E.
English, Oran Perry and Albert Lieber,
park commissioners, and Park Assessors
Joseph f. Flack, Charles L. Coffin and
Daniel Burton from proceeding further in
steps for taking lands for park purposes
and from assessing benefits on other lands
on account of the improvements, ON the
ground that the law is unconstitutional, for
five reasons specified in the complaint. A
demurrer to the complaint filed on behalf
of the defendants by City Attorney Curtis,
was sustained. The plaintiff elected to
stand on its complaint and refused to
amend or make further pleadings. An APP
peal was at once granted and the Indian
apolis Brewing Company filed an appeal
bond signed by Fred Francke, vice pres-
dent of the company, who also signed the
complaint with the attorneys Albert
Fields, president of the plaintiff company,
is also one of the defendant commissioners.
There were no objections raised to Judge
Allen deciding the case, although he drafted
the park law while serving on committee
appointed by the Commercial Club, Board
of Trade and Mayor c. S. Denny, and, al
though he afterward acted as a member
of the Park Board. Judge Allen smiled
while considering the case and said that, as
he wrote the park act, he could not hold
it unconstitutional Speaking seriously, he
e.fI I,o
have no binding effect and would make no
difference when the Supreme Court came to
dispose of the case finally
After the judge rendered his decision
Uncle" Joe Brown, the record clerk, began
work on the record and the entire tran
script was completed and taken to the Su-
preme Court before o'clock. The proceed
ings in this case We're probably the most
rapid on record. A week ago to-day the
Journal first called attention to the fact
that the constitutionality of the law had
been questioned, because the tenure of Of
flee of the park commissioners was made
five years while the State Constitution pro-
vides that the Legislature shall not create
an office for a longer tenure than four
years. On Monday the Park Board heard
a decision from City Attorney Curtis, who
had been asked to investigate the question
by Mayor Taggart and the board and
determination was reached to test the law
The indianapolis Brewing Company offered
to become plaintiff and Tuesday the work
of preparing for the suit was completed.
The attorneys on both sides were prepared
to argue the case, but at the last moment
decided to dispense with this proceeding,
realizing that action must be hasty if the
case We're to get to the Supreme Court be-
fore its adjournment
THE GROUNDS SET OUT.
The law is attacked on grounds published
in the Journal yesterday. In the first speci-
fication it is averred that the park act is
an amendment to the city charter, particu-
larly Section 50, which confers identical
powers on the Board of Public Works to
those delegated to the park commissioners
in the later act. 1t is further averred that
while the park act is an amendment to the
former it is not so set out as required by
Section q, Article 4, of the Constitution Of
the State.
Specification of the complaint AYERS that
the park act is in contravention of Section
l. Article TO- of the State Constitution, which
provides for a uniform and equal rate of
taxation and that the Legislature shall pre-
schibe regulations to secure just valuation
for taxation.
The third specification says that the park
act does not prescribe any regulation by
which a uniform and equitable assessment
of benefits of property beneficially affected
upon the assessors discretionary powers to
fix the limits and boundaries of property
beneficially affected. 1t is averred that but
one-hfth of the property of the city is in
cluded in the boundaries, although this rep
resents one-half of it's valuation. These
facts are aVerred to be in cOntravention of
Section / of the fourteenth amendment to
the Constitution of the United States,
which provides that no State shall make
any law which shall abridge the privileges
or immunities of citizens nor deprive any
person of property without due process of
law; in contravention of Section q, Article
J. of the State Constitution, which says
that no property shall be taken by law
without just compensation, nor without
such compensation first assessed and ten
dered; in contravention of Section %, Arti-
Gle l, which provides that the Legislature
shall not grant to any citizen or class of
citizens privileges or immunties. which,
upon the same terms, shall not equally be-
long to all citizens.
Specification says that Section 2 of the
park act (the section creating a ive-year
tenure and providing for the perpetuation
of the Park Board by appointment of the
mayor is in contravention of Section g
Article 15 of the State Constitution which
says that the Legislature shall not create
any office the tenure of which shall be
longer than four years.
The last specification AYERS that Section
of the park act is so interviewer and con-
nected with the other parts of the act that
by reason of it's invalidity, the whole act is
invalid.
The complaint closes with an averment
that unless an injunction is granted the
park commissioners VIII proceed, with a
large force Of laborers and workmen, to
take possession of the plaintiffs lands
eiecting and excluding the plaintiff there
from, and will turn them into a public park
to the PLAINTIFFS irreparable injury. For it's
protection and the conservation of it's
rights a multiplicity Of suits would be nee
esSary against workmen and commission
erS. 1t also ayers that a cloud now rests
on the title of it's lands by acts heretofore
done by the commissioners and assessors
without warrant or authority of law.
DEMANDS FOR PAYMENT.
Mr. Daniels said yesterday afternoon that
he intended to make as strong fight as
possible But little time has been given in
which to prepare for the hearing. City At
torney Curtis said that he had not had
time to consider just what course the Park
Board should pursue while the case is pend
ing bat ne seemed to think that affairs of
the board will be practically in statu quo
until a decision is reached. Controller John
son was i'll and was not at his Office and
it was not learned whether he will pro-
coed to pay out warrants for the Kirland
Dean and Miller tracts in the present I'm
certainty of the boards status. The board
accepted the deed TO the Miller land subject
to the attorneys approval after the consti-
two tracts were bought some time ago
but the money was not turned over De-
mands are now being made for payment, it