The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-06-08
A TEST OF THE PARK LAW
FRIENDLY SUIT TO BE BROUGHT TO
DECIDE BOARDS LEGAL STATUS.
Intima tiOns that the Proceedings VIII
Not BE of a Bona Eide Character
South Siders in Arms.

A friendly suit to test the constitution
atty of the park law is to be filed, proba-
bly, to-day. There was a secret meeting
of the Board of Park Commissioners yes
terday morning at which Mayor Taggart
and City Attorney Curtis were present.
After the meeting written statement was
given out by Secretary Spencer at the in
structions of the board, as follows:
'Inasmuch as the board is anxious to
find out exactly what its legal rights are
they are preparing to fight the case with
the aid of City Attorney Curtis, and it is
points will be filed Monday afternoon or
Tuesday. 1t is hoped that the Supreme
Court can pass upon the question during
vacation, so that the board Will be enabled
TO proceed with It's business.
Efforts were made yesterday afternoon
to discover who the plaintiff would be,
but the officials were reticent. 1t is pre-
sumed that a suit will be brought to en-
join the board from completing the pur-
chase of the Davidson property on East
Ohio street, for which the board is about
to pay $23,50O A deed to the property
signed by Katherine l.. Miller was accepted
by the board last Friday, subject to the
approval of the city attorney. He said he
found the deed all right, but was not asked
to consider other things in connection with
it. City Attorney Curtis said that such
proceeding could be brought 1t would also
be possible to bring suit with reference
to the Dean property, negotiations for the
purchase of which have been delayed until
the property is vacated. Further than that,
the city attorney said that any person
whose land is about to be taken, according
to the advertisement of the assessors, could
become plaintiff to suit to prevent the
board from proceeding further. This, he
said was mere speculation and that as
the suit had not been filed he could not
say who will bring it, he said that after
it was filed he thought all constitutional
questions could be covered in the pleadings
so as to get every question into the record
before the Supreme Court He feels con-
fident that the entire park act will not be
overthrow by the Supreme Court, and that
although some minor features may be held
unconstitutional, at the end Of the litigation
the Park Board will still be in existence.
He holds that if the court does not uphold
the section giving the board hve-year-
tenure of office the result would simply be
to cut off year of the term so that
they would hold office but four years. The
Constitution prohibits the Legislature from
creating an office with longer tenure than
four years.
Meantime no important steps will be
taken by the board, it is said, so far as
Some of the work has reached Il certain
stage and this will be carried forward so
that no great delay will result from the
Attorneys around town expressed some
amusement at the idea OF suit OF this
kind being brought, and declared that there
nations that some parties who are really
interested in having the law oVerthroWn
would ask to be allowed to interplead in
order to prevent a moot court trial. 1t is
claimed that by far the most vicious fea-
ture of the law is found in the method of
assessing benefits prescribed. The law
leaves a very large amount of discretionary
power in the hands of the assessors and
they are not bound to follow any specific
plan in assessing benefits A member OF the
administration very close to Mayor Tag
CART said yesterday that the whole system
of assessing benefits was rotten" and
fought to be knocked out. There is a
growing feeling that the law ought to pro-
vide for a general aSSeSsment TO be PAID by
all the taxpayers of the city in proportion
to the value of their property rather than
by assessments at so much front foot.
An attorney who represents a score OF
small property owners who own land in
the northwest section of the city says that
an assessment of 81 a foot on lands along
Pogue's run will amount to about half the
valuation of the land. He regards 1t as
being preposterous that land along WASH
ington street with valuable improvements
should be assessed less than unimproved
land.
Ali the park meetings held by citizens
are not for the purpose of encouraging
and praying the board to buy more land.
Last week there was a meeting of two
hundred South Side property owners-most
sessments of benefits on account of the
Dean Park on Madison avenue. 1t was
held at Fred c. Hofnerrs grocery store,
sos Madison avenue. The consensus was
section of the city and some OF the small
owners were bitter in declaring that they
did not want to be assessed for the i'm
proVement of the Dean property. Another
meeting is to be held. Assessments of
benefits have been made on account of the
Dean land but they will not be published
until after the property is paid for. That,
of course will not be done until the suit
is determined.