The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-04-16
THEY WILL NOT GIVE UP
OWNERS OF LAND ALONG FALL
CREEK ENTER INCONSISTENCIES.
Opposing the Taking of the Tracts
for Parks-BOard OverruIcs Them
Reasons Given.

steps which may result in stopping the
efforts of the city administration to con-
denim and seize lands i'm the White-river
and Fall-creek park systems were taken by
a number OF attorneys yesterday, who filed
Inconsistencies against the taking of various
lands by the Board of Public Works. John
r. Wilson, representing James b. Haywood
trustee, holder of large tracts near Central
avenue, assigns fifteen reasons for remon-
strating; Merrill Moores, representing Cice-
70 Brown, owner of forty-four lots in
Cleveland's Central Park addition, cites
twenty reasons; Mcbride & Denny. on be-
half of Arthur Jordan, Elizabeth M. Tyner
and the Arthur Jordan Company, give five
reasons for remonstrance, as do Elliott &
Elliott, representing the Elliotts, Langs-
dales and Garvers. Cropsey & Marshall for
the Terre Haute Brewing Company, Craw-
ford Fairbanks and William Iron, owners
of Fairbank, on Capitol avenue and Fall
creek, also demonstrate.
All the remonstrances filed yesterday
were overruled and final action on the reso-
lutions was taken. The board directed the
preparation of an assessment roll showing
benefits and damages assessed This will be
published three weeks in the case of non
residents and personal notices will be sent
to residents, stating a day when remon-
strances ON assessments will be heard 1t is
then that the real contest will begin, the
attorneys stating that the steps taken yes
terday were simply precautionary. Some
have not decided whether they will drop the
case if the price offered by the. board is
fair. 1t is understood that there are some
cases that will be carried to the Supreme
Court in any event There is talk of COM
hination of interests in a test suit. The city
authorities propose 20 go ahead until they
are stopped by injunction, but hope that no
such contingency will arise.
About the most comprehensive remon-
strances filed were those presented by John
r. Wilson, for Mr.. Haywood, and by Mer-
rill Moores, for Cicero Brown. They are
virtually alike. Mr.. Wilson, alleges:
F'irSt-That the board has no jurisdiction
and mo authority whatever to appropriate
lands for park purposes.
-Second-That if there is any such jurisdic-
ton it is vested in a board of park COM
missioners under the act of 1895.
Third-Under the charter the board has
no. jurisdiction to proceed in the manner
and form it has followed to take lands for
park purposes, nor has it any authority,
under any law, to appropriate lands for
park purposes for the city of Indianapolis"
Fourth-'That said board has refused to
make known to this protestant what valua-
ton, If any. it has put on any of his said
property though requested to inform him
on. the subject but has kept its proceedings
a secret So that he-could not obtain the
necessary information 20 file a proper pro-
FTfth--No effort has been made by the
board to agree with protestant concerning
the value of his property. nor has any en-
deavor been made to purchase II of him.
SiXth--.That the persons who have made
the appraisement which has been kept Sc
cret. for said hoard, called assessors or
commissioners, are not disinterested free
holders of the county as required by law.
nor are they all disinterested freeholders of
the city of Indianapolis. One of them is
a resident of the county of Marion outside
the city of Indianapolis.
Seventh-The appraisers have not notified
protestant OF their proceedings nor given
him an opportunity to be heard.
Eighth--No personal notice of the proceed
ngs had has been ssr Ss on protsfdan
Circuit Court for the appointment of ap-
praiSerS.
established and located specifically any
lands for q park or parks for the city of
Indianapolis
Eleventh-The board has not applied TO
the Circuit Court for the appointment of APP
p;s..sers before proceeding.
Twelfth--No application has been made
by the board to the court for a writ Tor the
assessment of damages for the taking of
demonstrates property.
Thirteenth-No jury of freeholders has
been appointed to assess damages.
Fourteenth--No inquest has been had by
any jury, as required by law.
Fifteenth-The board has no right to as
in condemnation proceedings and protest
ant has such other property with benefits
SO assessed.
Merrill Moores alleged in addition that the
board has no authority to adopt or publish
the resolution and has failed to give ten
days notice by publication as required by
| law: that ten days notice was not given
| to the assessors by the Council of lands
| that were to be taken. He also alleges that
there was no valid appropriation made by
| the Council for purchasing the land. Elliott
| e. Elliott, Mcbride & Denny and other at
| torneys ALSO aliege that the action of the
board is contrary to the Constitution of In
diana. without reeiting in what respect the
Constitution is violated. Frank p. and
| Georgia Johnson. who own land near the fair
grounds that is TO be taken assert the board
| has no jurisdiction outside the city limits.
| Mcbride d Denny filed circumstances for
| Arthur Jordan against the proposed bene-
| fits to be assessed, on the ground that the
| board has no authority to assess such bene-
| fits. Among others who demonstrated
| against the condemnation of their lands
were:
Agnes C. Brown. Frank A. Maus Magda
\ lena Maus, Josephine NJ. Schaf Violet
| Langsdaie James X. Langsdale. Hattie r..
| Asbury. Joseph e. Elliott, Annetta l.. Ell
| lott. John and Hassie Edwards. Margaret
Bruce; Joseph NJ. w. Langsdale, Henry G.
| Campbell. Henry A. Stumpf, Louis G.
| Thieie, w. J. Hasselman. Ida b. Hasselman
Richard Niuen, Clara L. Wambaugh.
| Those demonstrating against benefits as
/ George n. Evans. III. G.. Brown, IT, Il.
| Vance. w. j. Hasselman, Ida B. Hasselman
/ j. Il. NoSS. r. q. NeWcon, John WINNER
| David Monroe. Elizabeth A. Crossman.
William Iron says that the remonstranco
against the board taking part of the Fair
| bank grounds was made because lust
enough Is taken to ruin the grounds II any
| is taken the owners think it ought all to
| be taken. Only narrow strip is left out.
| They would prefer not to have any OF their
| land taken.
West Market CondcmnatiOns
The Board of Works fixed April 90 as tho
| day for property owners to show cause why
Al,.i,. h,,iIi,,e.. mn The Vast Al ,rIrot .I,,l1