Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-05-08
PARK QUESTION.
Special Meeting Of Mayor
and Aldermen.
The Citizens Will Vote on
Question Monday, June 4.
CIty Marshal Donovan Announces Nomination
Of Two Special Policemen.

board Of aldermen was held al tie
ald"rmtn's room Monday evening for
Inc purpose of rakms; action in The
matter of calling Il general meeting of
Inc citizens Of Augusta To see whether
or NOT the park commissioners shall
ne authorized 10 purchase the Fort
Western and TrrttinG park properties
Tor park purposes and to pruvi'lr funds
for that purpose. and 10 See also if til"
CITY Will. accept The offer of the T.. \.
Strnut Realty 60. Of the Royal PARK
property. 50 called.
In opening thu. mayor read the opin-
ION of Frank T.. Duttnn. city solicitor,
which had been requested al Il pr-vi-
Gus meeting, as 10 The legality Of the
city issuing bonds for III" purchase OF
The two pieces of park property FIRST
mentioned. and the report was accept
"a and placed on file. Tile text Of the
opinion was as follows:
Augusta Maine May !, 1906.
ia the Honorable Mayor ana City
Council:
The City Clerk mas cert titled to me- an
order of your honorable bodies rs fol-
lows: "Ordcred. that the City Solicito!
be required to report in writing 1T the
EeHt meeting of the City Government
whether in his opinion, the City could
legally raise ana appropriate money
and issue bonds Cor the purchase of the
Fort Western property and Trotting
Park property designated III the order
for the purpose therein mentioned"
This order was passed by the city
Council at its regular meeting. April
ltth 1906. and had references To an order
introduced at the same meet ing. as fl-
lows: "Drdertd that the Mayor and
Cry Council authorize the Park Conn
mission to purchase both the Fort
Western and Trottin% Park Properties
| for park purposes N Il cost not exceed
ing $2l COO and the Mayor ANA the City
| II eaSurer be authorized and instructed
| t. sell the city'S bonds to 4 like amount
| running twenty years and bearing 81
| per cent interest.
| Inter proper conditions i municipal
| ity If the size of Augusta has the right.
| both by statute and at common law.
To acquire land for the purpose of es-
| tablishing AMI maintaining 4 public
! park Augusta now has Il Monument
| Park and under tn" order alprnpriatilG
money for the Athletic Field near the
| CuiIy High school building that also
was intended as 4 public play ground.
| l.ut no legal reason has been suggest
| ed to me. and | know none. why TIL"
| City of Augusta may not purchase land
| within its borders for one or more adj
| ditional public parks. 1t is q question
nf ey,ndirncy to be decided by the
CITY and not a question of law.
The Fort Western aud Trotting park
| prorerties are half 4 mile apart with
| the Krnncl,cc river between them.
| Thercfor,> the order necessarily means
tn" establishing of tw" parks. If thH
EXPRESSION for park purposes in tn"
order means two public parks i is still
a question Of rXped;cncy. II on th-
| other hand the expression is To b"
| taken in Il limited or qualified StliSr ~
| applic,i to either of these properties I
question Of law MAY we'll arise. Doe"
the expression "Trotting Park nHrd
in the order. as designating one "t the
| properties carry with it amy si%niii-
| cation of the purpose tn which In"
| urrp,ity if purchaser. is to be applif-d'
| 1t is the intention t" rs" this property
| for Il Trottime Park ana for such other
parposeS as 4 trottinS park is generally
used, namely. agricultural fairs. base
ban games. CircGScS ana other public
nmuc.mcnt, where On admission fee is
| charged? IT becomes necessary to in
uuirt what public park is for which
a CIV may appropriate money to cS-
tahlieh ana maintlin. Courts hay" de-
fined public park" 70 mean piece Of
ground enclosed for the purpose Of
| Measure exercise. amusement ui nrni-
ment 1t is Il place for the resort Of
the public for recreation, air. and light.
| a place for everyone II carries ro Idea
of restriction to any part Of the public
| or to any specified number of persons.
Restrictions as to the time of entrance
or behavior Of those entering are con
| cciyabIc but the idea that any class nf
the community is ia be excluded. would
| not he entertained primarily by any
person in connection with the idea Of
q park within the limits Of a city"
If the object Of the order is to &C
utI;re the Trotting Park property and
to conduct it as u place Of amusement
to which an admission fee is 10 BE-
charged public funds cannot be used
in its purchase on the other hand the
property may be acquired for public
park in the strict legal sense of that
|
dedicated the City could not afterwards
: lease il or authorize any person or as
ISOLATION to occupy il or use ii 10 the
exclusion OF the free and unrestricted
use Of the rest of the public
II follows in my opinion that With the
qualifications above suggested the City
may legally raise and appropriate
, money and issue bonds for the rur-
+ chase of the Fort Western property
, and Trotting Park designated in The
, order for the purposes therein men,
. | TONED.
Respectively submitted.
FRANK l.. BUTTON
, City Solicitor.
+ At the request of The mayor the offer
4 of the +. a. Strout Raelty Co. was
: read by the city clerk. the text being
: as was previously published in the
;. Journal. and by vote was accepted and
t placed on file.
q Alderman Moves Of Ward C Their