The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-22
Taxpayers Will Enjoin the Levy
For Central Park.
J. J. Kinney and l.. s. Ferry,
Moving Spirits.
QUEER REASON GIVEN
Is That Proposed Park is For
Mr.. Lows Benefit.
Collection of Tax Will Be En-
Joined in District Court.

I'VE object to being taxed to pay for
a private park for NJ A. Low We do
not propose to be scared by the threat
of Edward Wilder and NJ A Low 10
resign from the park board if the city
takes the fair grounds for a. pubic
park. There are several people in town
who would not weep very much if they
should resign
This is the declaration of war which
was made today by John J. Kinney,
who with l. S. Ferry is organizing
fight on Central park. These two say
there will be a mass meeting next week
of all residents in the benefit district ere
ated to pay for Central park. The mass
meeting will be followed by an lnJunc-
ton suit in the district court to prevent
the county treasurer, H NJ Philips,
from collecting the tax levied upon the
property in the benefit district
Mr.. Kinney and Mr. Ferry realize
that they nave started a big fight, and
will meet with a very stubborn opposi-
ton. But they say that they can carry
the solid support of that portion of the
benefit district east of Western ave-
nue.. They also claim that great ma
jOrity of the people in the west part OF
the benefit district, in the vicinity of
Washburn college and Dennis & Mar
tins addition, are opposed to the levy
for the purchase of Central park.
The benefit district, created for the
purpose Of raising money to purchase
and beautify Central park, included all
that portion of the city lying south of
Tenth street and west of Kansas ave
nue.. The amount of money which it IS
proposed to raise from this benefit dis
trict is about $11 600
The injunction suit which will be
brought viii be based on the contention
ha s1r.lr lou cd nv
legislature is invalid
We have not yet fully determined
the grounds of the suit" said Mr.. Fer
ry today, but we believe that the law
can be knocked out. We do not pro-
pose to pay S11 600 for park when we
can get the fair grounds, which are a
much better location for a park, with
out any cost at all"
A good many people have already
paid their portion of the Central park
levy. When asked today concerning
the position in which these people
would find themselves, Mr.. Ferry said:
If we win our injunction suit, all
who have paid in their taxes will have
them refunded. A good many are pay
ing this portion of their tax under pro-
test. and this is the proper way
Those who object to the park levy
claim that the park commissioners ar
bitrarily laid out the boundries of the
benefit district, and included such
large extent OF territory that most of
the people in the district get absolutely
no benefit from the proposed park
They will hold in the court that the
park law is legislation for the benefit
OF few people, at the expense of a
great many who derive no benefit from
the money which they expend
If the injunction suit should win,
there will be a number of interesting
complications. The city will have on
its hands the lots at the northwest cor
ner of the proposed Central park which
it has purchased from Frank Ouinton.
The people who petitioned for a pave
ment along the west side of the park
would be left in the lurch if the Cen
trail park property should revert to the
old owners. A large amount of grading
which has been done at the south end
of the park would be a loss to the CITY
If it finds that after all it is not the
owner of the land There would be a
lot of bookkeeping to be undone at
the county treaSurer'S office
Mr. Wilder was asked today to make
a statement concerning the proposed in
junction suit He said:
1.-The park commissioners have nm
derstood that there is a very unanimous
sentiment in the west part of town in
favor of the proposed Central park. We
believe that the park is adVanta geouslv
located We have done our best to
ascertain the will of the people in this
matter. and follow it carefully. | s,lD-
pose there always will be some knock
erS on every proposition Of this kind
As to the validity of the park law +
could not express an opinion because
/ am not a lawyer 1 have never heard
the legality of the park act questioned
before"