The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-08-15
NO PARK LEVY.
City Attorney Spencer Prevents
One Being Made.
Rises and Declares the Park
Law Unconstitutional.
SHALL WE GO BACK?
TOpeka's Park System Is in
Grave Danger.
Only Hope Now Is Pittance
From Improvement Fund.
PROTESTS ARE MADE.
Mayor Hughes Agrees to Hold
Up Ordinance.
Commissioners Say They Will
Do Their Best.
Only Hope Now Is Pittance
From Improvement Fund.
PROTESTS ARE MADE.
Mayor Hughes Agrees to Hold
Up Ordinance.
Commissioners Say They Will
Do Their Best.

The following is the city levy adopted
by the council last night. 1t is the
same as last year:
General revenue .-......6 mills
General Improvement. ..........-6 mills.
Interest on bonds. ---..--..-..-2 mills.
Water hydrant rental. ...-........1 mill.
Public library fund u mill.
Principal imp'ment bonds .115 mills
1otal ..-.-...-.--- -.----I mills.
1t viii be observed from the above
itemized schedule of levies that no pro-
vision is made for the maintenance OF
the public parks of the city. The ways
and means committee had intended to
give the park fund a special half-mill
levy this year. under the act of 1859
But it was discovered that in order TO
do this it would be necessary to raise
the total levy by half MILL and it
would not do, SO the committee thought
TO burden Mayor Hughes administra-
ton with the load of increased taxa
ton, SO the parks may suffer but the
increase in salaries will be paid.
The ways and means committee pre-
pared two tax levy ordinances One
of the ordinances provided for spe-
cial levy of half n i'll for park pur-
poses. The other did not The one
which did not provide for levy ~ as
introduced before the council, and the
other ordinance suppressed The plan
was to spring the second ordinance III
case the first should meet with too
much opposition.
When the ordinance was read, sew
eraI counciImen inquired what had be-
come of the park levy. City Attorney
Spencer then stated to the council that
the park commissioner act of 1893, under
which a special levy might be made, Is
unconstitutional
The law is unconstitutional said
Mr.. Spencer, because it is special leg
islation. 1t is made to apply to cities
of from $4,000 to $4,000 population which
includes only the city of Topeka
Judge Hazen has held an exactly sim
liar act unconstitutional Wecould never
get the park act passed the district court
if it should be tested Courts are sup
posed to decide whether laws are un-
constitutional.
Under this advice from the city at
torney the council passed the levy or
dinance without any provision for
maintenance of parks.
The council has never made a levy
under the park commissioner act 1t
has always been afraid of it, When
w A. S Bird was city attorney he rec
commended that the council appropri-
ate half a mill from the general i'm
provement fund for park purposes, and
pass a city ordinance for the appoint
ment of park commissioners by the
mayor. This was done, and the three
commissioners now serving are serving
by authority of the ordinance, not by
authority of the park commissioned act
for park purposes but the money has
come out of the general Improvement
fund, and not by virtue of the act of
1899.
NJ A. Low, general attorney for the
Rock Island. who is-one of the members
of the board of park commissioners ap-
pointed by Mayor Drew, said:
I am inclined to believe that the
park commissioner law is constitution
al and 1 believe that the city council
could have given US a special levy for
park purposes without any danger. But
1 recognize that there is some reason
for doubling the validity of the act,
and under the circumstances 1 think
perhaps the council did the wisest
thing. I do not believe that the work
of the park commissioners will be in
the least interrupted. / think that we
will be provided with money for the
park purposes as we have been in the
past. The park commissioners are
holding Office by virtue of city ordi-
nance. and the existence of the COM
mission does not depend on the validity
of the park commissioner act
Edward Wilder, treasurer of the San
ia Fe railway, and another member of
the board of park commissioners, says:
T do not think that the failure to vote
a special levy will stop the work Of the
park commissioners. In regard to the
validity of the park act, I would not
care to express an opinion What the
city ought to do is to vote bonds. and
put the parks in shape SO that they will
be really a source of satisfaction to the I
city The amount which we receive
from the city under the present ar
is only enough to keep the
property from deterora ting"
James A. Troutman. a member of the
council and one member of the COM
nittee which drafted the Auditorium
bond act and the park commissioner
act. said today:
Il think there is no doubt that the
council will give the park commission /
ers the equivalent of half a mill levy
out of the general improvement fund. |
It is a better plan to have it this way.
If we should make a levy under that
act of 1899 which feel confident is un-
constitutional it would give somebody
an opportunity to attack the validity
Of the levy, and knock It out There are
always some kickers ready to do such |
things AS it is now, we are fndepen- |
dent of the park commissioner act. The /
bond act and the park act
were both legally drawn, but were
amended by the legislature in such a
way that they were rendered unconsti- |
City Attorney Spencer said today: Il /
don't know what the council viii do in /
the matter I simply give them my |
opinion as a lawyer that the act is un-
constitutional. Of course that opinion /
lid not make the act unconstitutional, |