The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-07-24
NO CITY PARKS.
Judge Hazen's City Hall Deci-
sion Is Far Reaching.
Park Bill Modelled After the
Auditorium Measure.
APPLIES TO TOPEKA.
City Attorney Bird Says Only
Necessary to Raise Question.
Park Commissioners May Never
Be Allowed to Serve.

The effect of the decision rendered by
Judge Hazen in the city hall injunction
suit last week does not stop with that
case by any means. It created enough
mischief in that one instance. but it goes
far beyond that. For instance, it does
away with the new park law that was
passed at the last legislature under
which Topeka elected her park commits
sioners, and by means of which the city
hoped to be able to acquire and i'm
prove public parks, in order to make
Topeka a better place to live in.
The park law is still effective. but
lawyers say that as soon as some OBJ
structionist sees fit to file an injunc-
ton suit against its operation Judge
Hazen can do nothing else than grant
the injunction unless the supreme court
should reverse him in the city hall case.
If the park commission were all there
was to the law it might be allowed to
stand without any one asking for an
injunction, but there are people who are
too small to be willing TO pay a very
small tax for the benefit of any public
improvements for fear somebody else
may get a, little more good from the i'm
prOVements than they do themselves.
This was amply illustrated in the city
hall case AS soon as an attempt is
made to collect the tax to be levied
under the park law it is probable that
some one who is too selfish tO allow his
neighbOrs to reap any benefit from any
thing if he can help it, will step in and
set the injunction mill to grinding, and
will stop the tax levy. AS soon as that
is done the park law wiz no longer be
of any avail.
Judge FIazen's decision also knocks
out the park law without any doubt"
said City Attorney Bird today. THE
senators from the cities of the first
class were afraid to trust their people
to vote for public parks or to have
park commission if they wanted it. They
said they had all the parks they wanted
they had parks to throw at the birds
so thew had the bill modified so that it
wouldn't apply to any city except To-
peka. That part of it is WOrded in gen.
eral like the city hall bill. 1t limits the
cities that may take advantage of the
park provisions to those between 80, 600
and 42 900. That confines it to Topeka
alone, and of course, Judge Hazen's de-
cisiOn makes it special legislation, I'M
less the supreme court decides other
wise.
Il have no doubt but what some one
will eni0in the collection of the park
tax when that time comes, if they al
low the law to stand that long, and for
that reason / am anxious to push the
appeal in the city hall case through the
supreme court before tax paying time
in order to find out how the supreme
court will look at the park law also"
1t may be a good thing for the state
in the long run if the supreme court up
holds Judge Hazen'S decision and
verses itself in regard to the question
of special legislation. The greater part
of the time of recent legislatures have
been taken up with legislation of g.,
purely local or special nature, and this
decision may put an end to it. Three
fOurthS of the session laws are made up
of this kind of legislation, while the gen
eral laws which would be of great ben
eft to the state at large are left till
the last and then hurried through with
out due consideration or else left to die
on the calendar. Then again when some
/ Cd aT~1l Ia Is fF-1T1 cd "a
one locality is especially interested in,
other localities compel the law to be
made special because their representa-
tive is afraid some of his constituents
may not like it.
1T has been a pernicious habit OF the
Kansas legislature for years. said Mr..
Bird ito pass special legislation. Some
member comes to Topeka and he has
friend at home who wants some sort of
q job. The member gets up a special
bill creating some new office in his city
he rushes it through the legislature and
he gets the governor to appoint his
friend to the Office almost before his
constituents at home have heard Of
what is going on. This decision may
have the effect of stopping that sort Of
thing, ana If it does it will be a bless
ing to the state.
commission, and consult with him con-
corning the park matter as soon as
have an opportunity
boon to travellers. DR.. FowIers Ex-
tract of Wild Strawberry. Cures dysen-
terry, diarrhoea, seasickness, nausea,
Pleasant to take. Perfectly harmless.