Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-12-24
AGAINST REHEAR|NG
SUPREME COURT DECLINES TO RE
OPEN NORTH TERRACE CASE.
Cify's Right TO Acquire Land for Park
and boulevard Is Once
More Aiirmed-ISnockers
May Appeal.

The state supreme court has declined 10
grant Il rehcaT.uE in the North Terrace
park case and the city IS now at liberty
10 secure possession OF the ground Cor park
purposes. When the supreme court de-
cided some months ego that the city had
the power to condemn North Terrace for
park purposes the park knockers made an
other move 10 delay The work by A!lng
with the court a molten for q fehedT!nS oil
the case on the grounds that in its former
ruling the court had failed 10 rule on points
material 10 the case.
The decision was rendered by the court
en- banc. ana a dissenting opinion WAS fled
by Judges Sherwood and Burgess. TINS
is really the third time the court has ruled
on the right OF the city TO take land Tor
park purposes. The question was lirst &c
c!ded in the Holmes square case and again
In the Marsh case, where land was taken
for boulevard purposes. Il mas been one
of the hardest legal battles ever fought. nut
the decision OF the supreme court Yesterday
- a complete victory Tor the city ana
legally settles the question OF us power 10
acquire land for park or boulevard pur-
poses.
delaying the work may attempt 10 appeal
TO the United States supreme court but
this is expected to he Imply n dun. as
no constitutional question was raised IN
the suit and therefore 80 grounds exist
for going to Il higher court. The PARK
board considers the matter has been SET
tied for good and all in favor OF the cry
and viii proceed TO complet the work Of
obtaining possession OF the grounds.
The total cost of North Terrace amounts
10 S603. GO. assessed against property owners
in the North park district Under the law
governing the collection of these park taxes
the property owners have sixty Gays IN
which to pay their assessments before IN
terest can be charged. At the end of that
time they can pay in installments with
interest. Nothing will be done until Feb
-,--.- M - 49, azwnparf y-sf1 10 El-nl
10 pass an ordinance authorizing the park
board to issue park certificates for the
amount of taxes remaining unpaid. When
these certificates are issued they VIII at
once be placed on the market. where they
are expected to meet with as ready a sale
as former Kansas City park certificates;
The money thus obtained will be turned
over to the city treasurer. and by him
paid to property owners whose property
has been taken. All this IS expected to be
accomplished before spring. so that work
on the new park can begin just as soon
as the weather will permit
Park Board Ready to Go Ahead.
" are all ready to go ahead with the
work Just as soon as the weather will
permit" said Park Engineer Kessler. THE
plans for turning North Terrace into a
pleasure ground have been completed for
some months. and all we Were waiting for
was to get legal possession of the ground.
We will have that just as soon as the
park certificates are issued and sold and
the money turned over to the property
owners whose land was taken. North Ter
race is so situated that We can make It
one of the most beautiful tracts of pleas
ure grounds in the United States. with
shady walks, pleasant play grounds, and
glimpses of unrivaled scenery"
All the members of the park board are
very much pleased with the victory for
parks that has been gained and are anX-
ious now to hurry IN the work of con-
etructing the new park so that the public
may reap the benefits of the courts de-
cision.
Judge T. NJ. Black. who with o. II. Dean.
represented the opposition, refused to dis
cuss the decision.
The Scarritt estate receives $40 100 for land
taken for North Terrace park: Fanny l..
Day. $1,000: V. r. Andrus. 81, $50: w. ].
Anderson. 5000; William Vineyard, $500;
Western Investment Company, 800.
West 1 Park Case.
It is expected that the decision Of the
supreme court overrulins the motion for
a new hearing of the North Terrace
park case will determine the decision Of
Judge L. p. Gates, of the circuit court
on the West Side park maintenance taS
question which he now has un0er advise.
men:.
Judge Gates stated to an attorney a few
days ago that he would not render an opiE.
ion on the question until after the holi.
days and gave as one of his reasons Iol
holding of that he wanted to see whai
action the supreme court would take OIL
the North Terrace matter.