Kansas City journal., 1899-03-09
PARK SALE ATTACKED
=. q. RONFII.S WOULD ENJOIN NORTH
TERRACE CERTlFIC ATES.
suit Filled In the Federal Court. Al
IcSinx That Condemnation Pro-
.rcdinEs We're Irregular mud
That Jurors We're Interested.

y SUIT Wa tllC! IN the l"Gerdi court yes
;erday TO restrain the park board ana city
officials from selling sTN"o worth of North
Terrace park certificates. The suit WAS
brought by r. q. l:onn.S Of Denver. who
alleges that She park proceedings were not
bt gun lawfully. and also that the con-
dcmnation proceedings were Illegal. Mr..
Eontiis is represented her. by X. II. Field.
and the defendants i'll the suit are the
members of the park board. city Treas
urer J. Scott Harrison and City Comptroller
hans Lund.
Mr Bonrls owns forty-ciSht feet NJ
Eighth and Grand avenue. and another
lot at Twelfth and Grand avenue His
taxes amounted TO $2.%,6..:.. The prncpa!
allegation in the petition which WAS filed
yesterday is that three of the jurors who
passed upon ;hc condemnation proceedings
wer" interested parties. 1t is alleged that
Juror l.. H. Phelps represented persons
who had property TO sell for park pur-
poses: also. that benjamin Holmes. another
juror. WAS Interested IN property in the
vicinity OF the park. and that Arthur Z.
Coates. who also served on the jury. eX-
ptctsd Large damages for property 10 b"
taken FOR Wsst Terrace park. 1t is charged
that the jury did not compute the bene;
and damages on each tract. but deputiZcd
| Engineer kessler Ia do this part of the
work. 1t is alleged that KesSlcrs v.r-
diet was accepted without having been
soon as II returned the verdict. when the
court should have reviewed the verdict be-
fore Gi<charG:rG the jury.
II Is also charged that there We're gross
irregularities in the assessments, heca
land adjOinn: III" park is assessed at ~
TO 20 cents per front foot while property
a mil. away is taxed from 81 to s5o per
front foot. II is alleged that The Jury
omitted. 10y design or oversight. 10 aSS.SS
all of the railroad and church property.
thus causing other real estate owners 10
l,,tl
The plaintiff alleges that the park j.
general and not special benefit. there.
fore il should be paid for hy the city al
large. II Is claimed the property taken for
the North Park district is asked to paw
all OF this amount except small
sessment which Was made agains; the city
al large.
Other grounds for the suit We're:
lhat thf resolution Of the park board
is defective and was insufficient TO author
iZe the filing of the condemnation proceed
inT "a in ths circuit court Of the county.
That the order Of notice of the circuit
court of the proceeding was not published
in The Kansas City Journal. the news
paper then under contract with the judges
of the circuit court. and the official news
paper Of said court for the publication of
all orders and notices from tina; court.
That the circuit court lost jurisdiction of
the case before the jury was impaneed by
the unauthorized contnuances and post
ponemenis Of the impaneling of the jury.
and the beginning of the hearing of the
case.
That the park law of Kansas City. as
made and enforced in the North Terrace
proceeding, violates section of article II
of the constitution of the United States.
That the objections now made are fresh
points in this litigation, and the supreme
court OF the state did not upiold III. pro-
ceedine as against any of the objections
now made.
The formal application for the injunc-
ton Will be made on Friday morning.
Park Board Not Worrying.
Only three members of the board Of park
commissioners were present at yesterdays
meetine-Messrs. Armour Van Brunt and
Burnham. As soon as the board WAS for
mally in session Deputy United States Mar
sinai j. r. Morrison stepped up and served
all of them with notice OF the suit. He
also secured service on Secretary George
f. Kesslcr and City Comptroller Lund. A
copy OF the petition he turned over to the
| attorney for the board. D. J. Haff. Accom-
panylng the deputy marshal was clerk
from the office OF Judge Field who wit
| messed the serving of the papers.
The board did rot take the trouble to
read the petition. but left the matter en-
latter is of the opinion thnt the suit will
amount TO nothing. and unless Il tempo
rary Injunction is granted restraining The
tiiicates. they will be delivered 10 the pur-
chaser. tne w. J. Eads Brokerage and
Commission Company. on the date set.
April |.
1T costs only $40 = file suit said Mr.
| Eaff. in speaking of the proposed li,iga-
| ton. and almost anyone can raise that
amount. When it comes TO getting an in
| junction. that is Il different matter. rs in a
case like this. where s5eo.rlo i involved. a
| big bond will he required. This suit is
| simply rehash of the old suit thar WAS
| decided by tn. supreme court. and the only
! new point raised j. that the Fourteenth
United States constitutional amendment
| has been violated. IT was necessary to
| raise constitutional question in order to
get the matter into III" United States
| court. This amendment covers the matter
| of taking possession of land without due
process Of law. That j. the contention now
| raised. and If the land in North Terrace
| park was not taken with due process Of
| law. I would like to have someone tell
| me how il ought TO have been taken.''
Asked II in case a temporary Injunction
| was granted and then afterwards dis