The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1897-04-29

he became more familiar with certain
points covering the original donation
of the park by the late Mr.. Waller,
and some opinion rendered by the
Town Solicitor.
President Kocher, mindful of the
important subject with which they
we're going to deal had seen the
solicitor, and obtained from him an
opinion, which is as follows:
TO THE PRESIDENT AND MEMBERS OF
THE TOWN COUNCIL:
GENTLEMEN THE President of
your body has submitted to me the
question of your right to lease the field
owned by the Town of Bloomsbury,
and known as "Athletic Park" u
The only objection which can posi-
bly, be urged against the legality of a
lease of this land, is that it is public
property, conveyed to the Town for
"public purposes" and can not be
given over, by your body, to the use
and control of an individual, or an
association of individuals, to the ex-
clusion of the general public.
1t is no doubt true that in certain
instances our Courts will restrain the
municipal authorities from demising
to individuals property belonging to
!; the municipality, and used by the
t general public. But we do not see
= how this principle can apply to the
t present case.
e "Athletic Park" was at the pres
: ent time used for some public purpose,
n or was laid out and used by the people
t generally as public park, we could
e readily understand how the authority
IS of the Town Council to divert it from
its public use, and give it over to a
r, private association, might be ques-
r, toned.
S, But such are not the facts in the
. present case. "Athletic Park" is at
a, present nothing more than an open
g. field or common. 1t is not used tor
- any public purpose whatever, and
- from the absence Of any particular
n, use, is rapidly becoming dilapldated
d, Therefore the objection cannot prop
d. erly be made that by lease OF these
It. It. YOU are diverting the public use o
1t, public property to private uses ane
y, purposes. The question. stripped o
H. its immaterial features, may be statet
g. thus:
n, The Town of Bloomsburg, in 1873
,s' bought for valuable consideration
70, tract of land, "for public purposes.
,g, It was the intention at the time @
it, the purchase, that the property b
Ie' ,s some day made into public par
er, but up to this time the municipal au
gs, thorities have never deemed it WIS
'ss' to carry out the original intention
m' an and the land has remained as a
ms, ordinary field, with the exception {
rd, the few years when rented to bas
me- ball association. The Town Counc
ok. ok. is not obliged to at once convert tn
ne, property into park and, conslderln
Wis, the amount of your present indebte
ny' 10y ness, we doubt if you could legally
bur- bur- so. Therefore, for the present, ar
ger, until such time as the Town ma
der deem it proper, financially and othe
lge' wise, to change the open field into
ton, public park, we see no reason
,ler, prevent you from leasing the prope
lew lew' ty, if you think fit.
Ie,' 'Iev We fully realize that your boz
der would not have the power to conV
nan, away this property in such mann
'oIe' as TO forever prevent its use for pub
9lue ae' purposes. The conditions OF
Virt, deed to the Town from d. J. Wal
nsyl' would prevent this.
norr' But what we do mean to say
sIler' I that until such time as the 10
Obi. Council may think 1t wise to mt
t to property for public use, your bod!
0 be not compelled to permit it to rem
such IDLE. but. in our opinion may lease
E the on such terms as will best serve
nted public interest. We however az
entirely with the view that no PER-
some nent use of this property can be
utes. except for public purposes. .
but Ifit be urged that the deed II
ting, Mr.. Waller restricts the propert
tated public uses, no matter how temper
one this question may be asked: "
,sibly public purpose is the property ser
rnish by remaining idle because the IL
park, Council does not think it wise t
had present convert it into park, and
trees, has no power to lease it temper
egate for any other purpose:
ut of aThe opinion, said MIR. 20
all to "is very clear on some points,
f the there were others, that would req
some thought, before he could vol
SO in the subject.
+ ball Mr.. Corey made a motion tina
the Council adjourn till tonight, IN
ed for that the other petition might be
made sented ard all interested pa