The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-01
LEGALITY OF CONTRACTS
CONFRONTS PARK BOARD
Difference of Opinion Prevails
Among Officials About Antici-
pating Revenues.
OPINION OF MIR. KERN

The question raised at last Fridays meet
ing Of the Board Of Park Commissioners
by Hiram Brown, president of the board, as
to the legality of the contracts made last
September with August Wacker for the
construction of shelter houses at Riverside
and Military parks has aroused considera-
BILE discussion. Mr.. Browns contention is
that the city charter prohibits the board
from contracting for the expenditure of
more money for improvements than is
available for its use by Council appropria-
ton al the time the contract is made. When
the contracts in question were made the
Park Board did not have enough funds in
the years appropriations to pay for them,
but depended on what il knew-accordlng
TO the statement of Col. Nj. A. Downing,
now president or the Board of Public
Works, but then president of the Park
Board-the Council had appropriated for its
use this year.
An opinion rendered to the park commits
sioners on June Is. 1899 by John w. Kern.
then city attorney, is of interest bearing
on question identical in every essential
particular to the one now raised by Presi
dent Brown. AT the time Mr. Kern rem
dered his opinion the Park Board was con-
sidering the ACCESSIBILITY of constructing
the Riverside dam, which would cost more
than the board then had on hand from the
annual Council appropriation. Mr.. Kerns
opinion was as follows:
1T Is my opinion that your board has the
right TO enter into contract for park i'm
proVements to be constructed during the
present year to such an extent as would
cause an expediture of the funds in your
treasury, and If a part of the contract for
the dam cannot be completed until 1900 your
board can pay that part that is to be COM
pleted In 1900 out of the funds available for
that year"
City Attorney Henry Warrum stated to a
Journal reporter yesterday afternoon that
while he had not been called on for an Of
hclal opinion on the question raised by
President Brown, he felt that the law
passed by the State Legislature of 1899 Gre
atlng the indianapolis Board of Park Com
mlssioners was simply amendatory to the
city charter, making the Park Board sub
Ject TO the same regulations regarding the
expenditure of funds as those by which the
other executive boards of the civ are
bound.
AN EXECUTIVE DEPARTMENT
MY Judgment" said Mr.. Warrum sis
that the Park Board is one of the execu-
tive departments of the city government
ana as such is bound, as other executive
departments are, to contract no debts and
incur nc obligations beyond the amount
that the City Council at the time NAV have
appropriated for its use; that under the
charter it is exclusively for the Council to
say to what extent the funds of the CITY
shalr be disbursed by the different execu-
tive departments; that if any ATTEMPT is
made by an executive department to obli
gate the city beyond the amount the Conn
ell has appropriated to its use for such
purposes. that attempt is void and not bind
ing on the CITY,"
There is a. general impression among
those citizens who have given the matter
thought that the Board of Park Commits
sioners, because of its nonpartisaf char
acter, and the long tenure of its members
should not be governed absolutely by the
hair-splitting distinctions that some charge
Mr.. Brown with having made. The fact that
the board, when ii made the contracts for
the shelter houses at Riverside Park and
Military Park, knew that the work would
not be completed last year, and that in
also knew what the appropriation for IT'S
use for this year was, is In the minds of
many, sufficient ground for its action i'm
making the contracts, which were war
ranted in the light of the opinion rendered
the board in 1899 by City Attorney Kern.
President j. II. Bilingsley. of the Com
mon Council, voiced this opinion last even
ing. 1.-The Park Board" said he. knew
absolutely, almost what funds were avail
able for the building of the shelter houses.
and had no hesitancy in making a contract
for a matter that was practically an
emergency, knowing that the Council was
in sympathy with it and would take care
of it,"
Mayor Hoffman seemed of the opinion
that, the boards action was open to ques-
ton. and so stated last evening, but added
that the solution of the problem would
rest with City Attorney Warrum
II haven't any doubt" said the mayor.
that the Park Board believed it had a
right to anticipate its appropriation for
the following year. but as to its rights to
make a contract and do so under the char
or n