The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-01-30
SURPRISE IS SPRUNG At
PARK BOARDS MEETING
President Questions Legality OF
Fellow-Members' Acts in Att
thorizing Shelter Houses.
Appropriations Exceed the Supply
of Available Cash and a Con-
troversy Ensues.

An unexpected break in the usual routine
OF a meeting OF the Board Of Park Com
rnissioners came yesterday morning when
President Hiram Brown, who was appoint
ed 10 the board by Mayor Hoffman and
was but recently elected president OF the
board questioned the legality Of the
action OF the board in last year
giving contracts for building shelter houses
ia Riverside and Military Parks. President
Browns contention was that the board
made contracts involving sum of money
greater than its appropriation foT the year.
thereby violating Section 81 Of the city
charter which provides that city officials
cannot make contracts for a sum of money
greater than is available for use at the
time the contract is made. Under the char
ter such contracts arc void. and a heavy
penalty is provided for violation OF the pro-
vision.
SURPLUS IS EXCEEDED.
President Browns statement TO the board
showed that on Sept 1, 1903. SO. 1862 re-
NAMED OF the boards annual apprOpria-
ton. and that on Sept 16 the board let con-
tracts for the two shelter houses for
total sum OF $4O,55O an excess over the
amount actually available at the time of
so 1888 This latter sum would have TO
come from the appropriation for 1874, and
this. Mr.. Brown contends, IS 4 violation
OF the city charter.
August Wacker is the contractor for the
two buildings. Mr.. Brown said yesterday
that he thought Wacker's contracts IN
questionably void. but that he did not
know what course he would pursue and
would not know until he had consulted with
Mayor Hoffman and City Attorney War
run. Wacker has already received one
payment on the contract, but II further
payments are opposed by President Brown
he will probably involve the board in q
vexing legal controversy.
BROWNS ACTION NOT UNDERSTOOD.
At the time the contracts for the two shell
ter houses were awarded to Mr.. Wacker,
Colonel Downing Mr.. Merritt. Mr.. Mack
and Mr.. Coffin were members of the board.
The three former were present when the
contracts were awarded. but the latter was
not at the meeting. All four members, how
ever signed the final papers on the con-
tracts.
Col NJ A. Downing. now president Of the
Board or Public Works, but president OF the
Board OF Park Commissioners last Septem-
Der. said last evening regarding President
Browns charges:
III can see no reason for Mr. Browns ac-
ton. II the board were charged with ex-
pending the money unwisey, or without re-
gard to the good of the public, then there
would be ground for complaint But when
the Park Board made the contracts for the
two shelter houses II knew that Council had
appropriated 100000 for its use in 1894.
which, with the $4,000 then on hand, would
be more than enough To pay for the build
ings. The Garfield Park shelter house was
several years in building. and was paid Tor
out or more than one year appropriation,
and the same practice has been INDUCED in
by the board since its organization
POWER VESTED IN ACT.
at must be remembered, too" added Col.
Downing, that the Board of Park Commits
sicners does not act under the city charter.
,>but under special act Of the State Legis-
lature, passed in 1899. The Park Board is
not bound by the restrictions which are
placed on other boards in this particular, and
the right of the board to do the thing to
which Mr.. Brown objects has never before
been questioned. L never heard of such a
thing before"
President Brown objected yesterday to the
payment of bills for various materials or
services. such as light and fuel presented
To the board in November and December Of
last year. but the bills for which were not
sent to the clerk of the board until this
month. President Brown stated that he OBJ
jected 10 the payment of last years bills out
OF this years appropriation, and refused to
sign vouchers for the bills until he had con-
suited the city attorney on the matter.
The board granted a thirty days vacation
to j. Clyde Power, superintendent of parks.