The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-03-17
ACQUIRING PARK LANDS
THE CITY ATTORNEY ADVISES CON-
DEMNATORY PROCEEDINGS.
Democrats of Council Finance Com
mittee Recommend Transfer of
Fund to Boar I'd of Works.

There were but six members of the Coun-
Gil finance committee present at the meet
ing last night, when the ordinance trans
ferring the park fund to the Board of Pub
lie Works was considered. They were
Messrs. Costello, Smith. Bernauer, Moffet
and Merrick, Democrats, and Allen, Repub-
hcan. Those absent were Clark, Madden
and McGrew, Democrats. The latter is i'll
with typhoid fever. A report was drawn
UP and signed by the five Democrats recon-
mending the passage of the ordinance. Mr..
Allen refused to sign it, saying that he
wanted to know just what tracts the board
proposes to purchase before helping appro-
pirate the money. Mr.. Allen said that he
could not see what objection the board had
to submitting a list of the various tracts
that are to be bought, with the prices set
opposite.
Once we turn this money over to the
board" said he, I'VE will have virtually no
further control as most of the land is in
tracts worth less than $1,000 and can be
bought without the approval of the Coun-
Gil. There is another objection to the ordi-
nance in my mind. I fear that it is not
legal The charter very plainly provides
that all money appropriated remaining UNI
expended at the end of the year must re-
vert to the general fund If that is true
the money cannot be legally used by the
board after this pretended transfer 1t
ought to be reappropriated. Then there
would be no question. If the present plan
is followed, would not be surprised if some
property owner would come in and start a.
lawsuit that would tie the whole park pro-
ceedings up again for another year. I am
not in favor of in any way diverting this
money to any purpose than that for which
1t was originally appropriated, but believe
that every step taken should be legal to
avoid litigation that may arr g. Before
voting this money to the Board of Works I
feel that it is but justice to the Council to
nave clear information as to just what is
gong to be done with it. The statement
that the White river and Fall creek lands
and the Pogues run system, perhaps. are to
pc purchased is not sufficient. How do We
Know put that they intend to drop out land
that is essential to the right kind of a marx
system? Let them bring a map here. show
ing just what land they propose to pur-
chase and what price is to be paid, and 1
WI Wii Pc pc satlsned. That is all am contend
Reporters were not allowed in the meet
Lng II continued for about two hours.
Part of the time Commodore Higgins was
present. He was not a member of the com
mlttee. His talk after the meeting ad-
Journed indicates that he still stands out for
something for the South Side.
The favorable report made last night does
not prove that the ordinance will pass
Ihose who are upholding the administration
insist that majority vote is all that is
necessary for its passage, but the other fac
ton says that the so-called transfer is
nothing more than q new appropriation,
and requires a tWo-thirds vote City At
torney Kern said yesterday that majority
vote is all that is necessary. AS a matter
OF TACT, he says, there is perhaps no neces-
S1ty for reappropriation, and it is made
more for the protection of the bondholders.
He says that under the charter all duties
not otherwise lodged in various depart
ments are to be performed by the Board of
Works. As the money was appropriated for
the purchase of parks to the Park Board
and that department has since been wiped
out, under almost any Interpretation of the
charter the duty would devolve on the
Board of Works. He says, ALSO that there
Is a Misrepresentation as to the powers Of
the board to purchase land worth less than
$1,000 He said that the park lands are not
to be bought. He recommended against
that course, and advised that they be ac-
quired by condemnation proceedings where
they are to be dealt with as a whole, not as
individual tracts. 1t would be very foolish,
he says, for the board to undertake to ac-
quire tracts worth less than 81 900 and then
apply to the Council for permission to buy
the remaining grounds, as, if the Council
refused, there would simply be broken and
incomplete system. He says that unless the
Council consents to the condemnation of
the land as whole the boards entire plans
must fall.