Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1907-01-03
PARK BONDS GOOD STANDING
Judge Moore's Reasons for Up
holding Issue.

II MOhuhMB AbnWp'
Jnd0e Moore Of the district court IN
bis decision unfolding the park bond
issue gave these reasons for their
validity;
First, the authority for the Issuing
Of these bonds, II 1t exists, 10 found In
Chapter 1856 OF Session Laws Of 1908.
This act Of the legislature is entitled.
"An Act to Authorize Cities Of the
Second Class TO Provide Public Parks
| for the Inhabitants Thereof" The
entire act, and each session thereof, Is
devoted solely to the one question OF
how cities Of the second class may
raise funds with which to purchase
and secure suitable grounds for the
purpose Of providing the inhabitants
OF the city with public park and
the maintenance thereof. There Is
nothing in any action Of this act sug-
costing any method Of procedure BY
which the city is to obtain and secure
suitable grounds for such parks.
There is nothing in the act that sug-
gests that under its provisions it be-
comes the duty Of the mayor and
city clerk, the city treasurer or some
member Of the city council to go out
upon the market and make contract
with some owner Of real estate for
suitable grounds for the city park,
and then after such contract is made,
to request the mayor and city council
to submit to the voters Of the city
the question Of whether such contract,
SO made by the mayor, the city clerk,
the city treasurer, or some member
Of the city council for the purchase OF
some suitable grounds for a public
park, should be carried out.
II the contention Of the plaintiffs in
this case is correct, it would be
necessary that contract OF some
kind should be binding before the
bond election should be held.
II the contention Of the plaintiffs Is
correct, that the only way provided
by said Chapter No. 1856 Of the Ses-
sion Laws Of 1908, to provide q public
park for the inhabitants Of q city, is
to go out upon the market and pur-
chase suitable grounds for such park
by paying whatever sum the owner
thereof might ask for the same, then
there would be no limit to the price
city would have to pay for public
park.
There are only a very few "suit-
able grounds" for a public park in
and about the ordinary city, and II a
city has not the power Of eminent do
main to stake private property for
such public purpose" in any other
manner than by paying the owner
what he asks for it, then the owner Of
such equitable grounds" could hold
up the city for almost any price he
might have the conscience to demand.
l cannot believe that the legisla-
ture Of the state Of Kansas ever in
tended any such impracticable method
Of purchasing and securing equitable
ground" for park. 1t certainly was
never contemplated by the legislature
that a city should go to the expense
Of holding city election for the pur-
pose of voting bonds for the purchase
OF certain tract Of land for a public
park, without having full authority
in some manner to get such land for
such purpose after such election.
Section No. 1905 OF the General
Statute Of 1901, makes ample pro-
vision by which the city may take
private property for public use, and
that section provides that 'fn every
case the city shall make the person or
persons, whose property shall be
taken or injured thereby, adequate
therefor, to be deter
mined by the assessment Of five dis
interested householders Of the city"
And this same section provides that
Il any owner Of the property sought
10 be taken for public purpose is not
satisfied with the assessment as fixed
by the appraisers, he shall have the
light to appeal to the district court,
and there submit the question Of his
manages to jury Of bis cOuntrymen.
There is nothing in Chapter 1856 Of
he Session Laws Of 1908 which in any
manner modifes or conflicts with the
oregoing provision Of the statute
which authorizes a cityof the second