The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1905-12-14
Com
pany VS.. Town
Judge Staples Decides in
Favor of the De-
fendant
EXTRACTS FROM OPINION

The long pending suit OF the
Bloomsbury Land Improvement
Co. VS.. the Town of Bloomsburg is
at last settled unless the plaintiff
takes an appeal. Some years ago
the town council bought Oak Grove
from the Improvement Co. There
was much opposition to it at the
time. Subsequent councils refused
to recognize the contract, and in
1898 the Company sued the town
on the contract. At September
court the case was tried, and a YER
dict rendered i'll favor of the plan
tiff for $4,000 90 subject to reserv-
el question law of as to whether the
town had the power to buy park.
This point is now decided by
Judge Staples in an opinion filed
on Monday, in favor of the town.
The following are some extracts
from the opinion; "There was no
such necessity of the town which
required it should lease Oak Grove
park. There was no authority 10
lease it that could be inferred from
Sec. 2, Article 4, wherein it had
the authority to regulate, interspal-
ia, public squares; nor is there any
thing contained in Sec. ?, Article
II, wherein it provides that the
Borough had tNe right or power to
make such other regulations as may
be necessary for health and Cleanli-
ness Cf the Borough as would give
it the power to make contract to
lease the said park, as has been urg
ed, and especially will this more
clearly appear when the preceding
articles, namely the 18Th and 10th
are read; article II being in line
with the foregoing two articles, and
clearly intending to refer tC such
measures as are ordinarily made or
done towards good, sanitary con
d'tion Of a town or borough. 1t
would be establishing an exceeding
ly bad precedent to hold that con
tract like that proven in the above
case could be held to be proper and
within the power of town to make
upon the ground that in the opinion
of the town council the said park
was necessary for the health and
cleanliness of the town.
The park was not Indispensable.
There is nothing in any OF the
Acts of Assembly which could i'm
ply power 10 lease the same nor
is there grant of such power in ex-
press words. The people of Blooms
burg had no need of such a place
for the purpose OF good air, nor for
recreation, and the town council
exceeded its powers when it enter
ed into a contract like that up
on which the plaintiff seeks to re-
cover. 1t was beyond reason aud
unwarranted, and the attempt of
municipality to enter into the park
business, based upon wrong princi-
pies and without power that could |
be fairly implied from its acts Of
incorporation or the General Bor-
ough Acts OF April 8 1851, some Of |
the sections OF which applied to ii.
If town or borough could enter |
into contracts OF this nature, upon
the theory, such as that contended |
for by the plaintiff, and therefore
being within the discretion of the
,own council, it would easily and
quickly ruin the taxpayers by max
ug eXtravagant and unreasonable
contracts with parties like the pre-
sent plaintiff. The annual rental
If a small tract of land like Oak
Grove park without any improve
nents upon 1t, in town like that
If Bloomsbury, would be exceed
ngly small as compared with the
ent named in the contract and the