The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-07-27
WE CAN HAVE PARKS.
Old Law Gives City Authority
to Have Park Commissioners.

Topeka may not be in such a predica-
ment over the park question as has
been anticipated To be sure the law
under which the park commissioners
were elected is made practically invalid
by Judge Hazen's decision in the city
hall injunction case, but Judge Carver
states that there is ample authority in
the general statutes to make a park
levy and provide for the Improvement
of the city's parks. The only differ
ence would be that the mayor and city
council would have to appoint the park
commissioners instead of their being
elected by the people.
Judge Carver says the general law
gives the city the right to even go to
the extent of voting bonds for park
purposes if it wishes to do so. And if
the city has not enough land for parks,
the city council can acquire more land
anywhere within the limits of the city.
Judge Carver thinks Topeka has simply
acquired the habit of asking the legis-
lature for special authority to do GER
tain things, instead of relying on the
general statutes covering the same
ground. The law on which he bases his
opinion is found in chapter 81 OF the
last general statutes.
In speaking of the park question To-
day Judge Carver said:
THE act passed at the last session OF
the legislature relating to public parks
in certain cities of the first class, under
which we elected park commissioners
at the last city election, is subject to
the same constitutional objection that
was sustained by Judge Hazen to the
city hall special act. 1t seems to me,
however. that this is another instance
of depending upon special act Tor
power to do the very things which are
authorized by the general law, apple
able to all cities of the first class.
without regard to the special act OF
1899, the city can levy a tax to create
a park fund, to be used for the i'm
prOVement of the city parks. If add
tionaI grounds are needed for park pur-
poses, the general law also confers on
the city all needed power to acquire
them within the city limits.
1T is true, the general law may not
provide for park commissioners, but
there is nothing to prevent the mayor
and council appointing the same gentle
men who were recently elected ana au-
thorizing them to superintend any de-
sired park Improvements. The one mill
levy can be made for the park fund the
same as if no question was made about
the validity of the special act; and such
fund can be drawn upon to improve and
ornament the parks and public grounds
Of the city.
The city park at the bridge is at
present no credit to Topeka. We are
justly proud of our bridge; but as soon
as we pass over or approach 1t, we feel
like attracting the attention of visitor
away from what is, to all appearances,
a dumping ground established on one of
the principal streets for city refuse and
garbage. Here is good field for pres
ent operations. One of the first of the
park improvements should be to put
these grounds in order, making them
an ornament to the city. All this can
be fully accomplished under the general
laws As the location of the city hall
can not be thought seriously Of in con-
nection with that location, we can at
least give to that part OF the city an
attractive and pleasant park. -