The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-09-01
City Has No Right TO Locate
Auditorium In Park.
The Old Grant to Topeka is Un-
earthed.
WHAT 1T PROVIDES.
Ground Must Be Devoted Ex-
clusiVely to Park Purposes.
Night as Well Stop Talking Of
That Location.

The fact has come to light that If
the people who are opposing the city
hail proposition had their way about
it. the city would lose not only it's city
park, but also all improvements which
it might have made in the park
1t has cen a favorfte contention
with a few people that an auditorium
ought to be erected in the city park.
and that contention is at the bottom
of the opposition to the proposed erec-
ton of a city hall in the business part
of the city.
The deed by which the city park was
given to the city specifies that the pro-
perty shall be used for a public park
and for no other purpose It's perver-
sion to any other use is especially pro-
hibited under pain of forfeiture OF the
property
The city park property was given to
the city by the original Topeka associa-
tiOn in 1858. The deed was signed by
c K Holiday as president of the as
sOclatiOn and as special agent OF the
parties interested The provisions OF
the deed are such that If the city
should go ahead and spend $40. 600 or
$4,000 in putting up a city building or
an auditorium down there, the stock
holders of the old Topeka association
or their heirs or any of them. could
come in and take possession of the park
Dy reason of the CITY violating the pre-
visions of the deed The city would
lose not only its park. but It's auditor
ium and an the money it had expended
on it as well.
1t might be that the present genera
tiOn might not be disloyaI enough to
their city TO take away the park. but
within a very few years it viii become
an exceedingly valuable property and
the city's title TO it would never be
good after it had built an auditorium
on it At any time in the future some
impecunious heir of a stockhoIder OF
a 1rrT-s
to whom such a claim might be as
signed, could come in and compel the
city to forfeit its title to the park
The deed to the property IS recorded
on page 554 volume 9 Of the records
IN the register of deeds office 1t was
dated August 3, 1853 and was acknOw-
Iedged on June g. 1865, before Thos- c.
Thornton It reads as follows
TOPEKA ASSOCIATION TO THE
CITY OF TOPEKA
This indenture made this third day OF
August, A. D., 1853 between Cyrus K
Holiday, trustee for the occupants
and parties in interest in the tOwnsite
of Topeka according TO their respective
interests therein. party OF the first
part, and the mayor and cOuncilmeu
of the city of Topeka and their success
sOrs in Office, in the county of Shawnee.
state Of Kansas, Of the second part,
WItnesSeth. that the said party of the
first part, for and in consideration Of
the sum of one dollar, to him in hand
does grant. bargain. sell and convey
the city of Topeka and their Successors
in Office forever. the following descrfb-
ed lot or parcel of land situate within
the corporate limits of the city Of
Topeka in the state OF Kansas. and de-
scribed as follows, towit- Commencing
at a point in the west line of Kansas
avenue four hundred and fifty feet Gin
a nOrtherly directiOul from the north
line OF First avenue east. thence run
ming westerly. in a direction parallel
with the north line OF First avenue
east. to the east line OF Harrison street,
thence northerly along the east line OF
Harrison street to the Kansas river.
thence down the Kansas river as IL
runs to the west line Of Kansas avenue.
thence sOutherly along the west line Of
Kansas avenue to the place of begin
ming: To have and TO hold the afora
granted premises unto the said mayor
and councilmen of the city of Topeka
and 20 their successors in Office for
ever
This conveyance is upon the express
condition and limitation following. to-
wit: That the said lands and primses
and each part and parcel thereof tex
cept such part as shall be used Tor
CONTINUED on Sixth PaEe)