Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-05-03
LIBERTY PARK IS
NOT AVAILABLE.
CITY ATTORNEYS OPINION.
Discussion Takes = wide Range In
Council Meeting To Parity Par
icy's Canyon Osber Matter.

The proposition 10 lease n portion of
Liberty Park for the erection Of the
much-talkcd.of Salt Palace was de-
feat,d at last nights city Council meet.
Ink. on a vote Of . 10 9.
In accordance with resolution
passed Mt las; weeks meeting. city At
torncy Hall submitted nn opinion on
tho question. holding that tho Council
has not the legal power To lease the
park. inasmuch AZ Il had hlrcady been
dedicated TO public purposes. a rcncr-
al discussion followed the reading Of
the city attorneys opinion. In which the
Salt Palace and It's promoters received
= good deal Of free advertising of Que
kind and another. Arguments for and
ngslinrt the enterprise were made. II
WIS stated that IN. Palace would at
tract tourists 20 the city and hobos ~
well; bring In much money and take
lots out. give work 20 Idle men and be
the cause Of moro idlcncsn. Improve
the appearance of the park and destroy
It's beauty forever Had the fate Of
the Falt Palace absolutely depended
upon the action of the Council In leas-
inr the park the question could hardly
have been allowed or given a wider lat
itude sor argument than u was last
night Instead Of combining Themselves
10 the city attorneys opinion and the
question na 60 whether or pnt It>would
BE- legal and proper to icaao the park
for the purpose named, the members
wandered on from the subject and dis
crired matters that many thought
concerned the promoters OF the Salt
Paincu only.
CITY attorneys OPINION.
Ths con munlcatlon from the city at.
torney vas IA follows;
My opinion IN that an tho City Coun-
gu has dedicated Liberty Park TO pub.
lie purposes m park. the Council
could not lease any portion " the same.
However. IN some instances. like the
Worlds Fair at Chicago. city councils
have given permission In the way ~
lease for a limited time to certain
parks that had been dedicated to pub.
lie uses. These leases have been 20
such uHes as were ~ such public
character ne TO meet the public VIII,
that no one Of the public has seen 1T
10 raise the legality 81 the lease.
DISCUSSION BEGINS.
caiiister moved that the report be &c.
copied and that the request ~ the petit
TONERS be denied. Buckle moved na an
MiiNUuIuNut tUuh tut iN
referred 10 the cofnmlttc. on public
grounds. cailist-r was opposed and
thought the question should be settled
one way or the other. without taking
any moro time.
Romnsy said II was true the promot-
crr Of the salt palace had pettioncd
the Council TO lease y portion of LIB
crty Park. II was also tru. the cisy
attorney had said II could not be- done
legally and the members all know that
the park had been dedicated for public
purposes. lie then went on to state
than number Of influential citizens
had approached him and told him that
they were opposed 10 leasing IN. Park
Tor any purpose whatever. He ven.
tured 10 say that u the Council insisted
on granting the lease. In Wow " the
city attorneys opinion and the opposi-
tion from citizens, the city would be
enjoincd ana the salt palace people
would have 10 NOV" on the grounds.
The speaker then went ON Ia say that
the salt used In the structure would
come on. destroy the vegetation. shrub
berry and plants Of the Park.
Hlddowny said he was opposed To both
motions and favored leasing the Park
for two years, Liberty Park contained
100 acres Of land. only forty Of which
was under cultivation and he Ncn-
turud TO say II would be In that con.
dition for years to come II was all
nonsense 90 say the people were op.
posed TO the city leasing q few nrrra 10
such worthy and iaudablc enterprise.
II the question wac left 10 popular
vote, the great majority OF citizens
would vote In favor OF granting the
lease. The people would not be- de-
MED any pleasure for the rcaarn that
thu portion Of the Park wanted by the
salt palace promoters was not IN use
because Of Its awampy condition. The
Council should lend It's aid and give
ENCOURAGEMENT to the erection " the
salt palacc. because II was going 10
give lots OF Idle men employment ana
be the means OF bringing hundreds NJ
people 10 the city. who would not other
wise come. As an amendment 20 the
amendment. he moved that two.
years lease be given To salt palace d.
rectorn, under the usual restrictions,
Allen asked city Attorney Hall m 10
who would be- liable for damages, In
case the lease was granted, Mr. Hall
said the leaHeeH would. Allen then said
he favored sideways amendment and
was about 10 proceed TO state his rea-
sons. when he was interrupted by cal
lister. who raised the point of order
twice amended. Weller, who WIS In
tho chair. sustained the point. and Al
len Hfnilingly resumed his seat.
Fcrnntrom believed In living up TO the
law. Some of tho Hrntlrmcn who
wanted the Council 60 do an Illegal nci
by leasing the pnfk had within the past
few days eni0ined the Council from
proceeding with the waterworkH im-
proyementa, because, M they alleged,
the methods adopted by the city wcre
Illegal. Hundreds OF working people
wanted the use Of tho park this summer
fof pleasure aud n WAS nothing hut
Justice 20 let all the people enjoy the
liberties Of the park, Since Mcsrr.
Walker, Neden and pooly had brought
cnlltier," he would oppose the grant
buckle was not a believer In harh0r-
ing all-feellnga or IN rotallating, Tho
salt Palace people know whnt they
were about and IN leasing the park
neither they nor the city took any
risks The consent ~ his recOnd
CDiehD being obtained he withdrew his
amendment when aiddoway renewed
his motion In the form ~ an amend
ment and urged the members To vote In
favor ~ n.
barnes said he believed the Salt
Palace would be Tpod thing for the
city, hut IN the face OF the city RttOr-
nHy'H opinion no ala not see how he
could vote for sideways motion, Ito
had been Informed by quite q number
~ PARTIES that n the Council leased the
park injunction proceedings would be
Immediately commenced.
callister differed with the city attor-
ney ON the question ~ the oity'H lla-
hlliy IN ease suit was begun. Some
~ tho raattt hara talEaH - th.ttuh n f.n