Omaha daily bee., 1908-08-28
SUIT TOO LATE, SAYS CORNISH
Action to Defeat Lake Park Plan After
Time Limit.
NO STANDING IN COURT NOW
Park Commissioners Asserts that Prop
erty Owners Are Helpless, as The
FaiIed 20 Appeal within the
Prescribed Period.

Failed 10 Appeal within the
Prescribed Period.
Failure TO appeal within the time fixed
by law from the apprsisement OF their land
lying within the Levi Carter park project
precludes the instigators OF the latest suit
against the Board Of Park Commissioner
from having any standing in court" says
e. J. Cornish. attorney and member of the
board, ard they have no ground for ac-
ton"
The latest suit was filed Wednesday after
noon by James c. Ormsby. James watkins.
AdAlins F. shriver, Thomas c. Bruner and
Anderson Christman. smaller property own
ers.
In the petition. which was filed by w. J.
Cosd. their attorney, the old question re-
gardirg the legality Of the board is raised,
which question las to whether the mayer
OF the city or the district judges should
appoint the commissioners is now before
the supreme court for decision. The plain
lifts also assert than Aha park commits
%sioners have not The fight to condemn
for park urposes lands lying outside the
city limits. deny the right Of the board
to accept donations, and claim that the
board entered into a plan with the apprais-
ers to appraise the land at less than $780,
900 (no matter its value), for the reason
that $4,000 represented the entire amount
Of the gift Of Mrs. Carter and that the
lands for the proposed park must be Sc
cured for this figure or less.
Mr.. Cornish denies each and all Of the
allegations and asserts that the case will
have no standing in court, throwing It into
the discard with all the other actions filed
u~f4h ~. ~~a~-4a-z - 49, a. fgl.a
by the Kountze heirs and the Thomas Da-
Wis Real Estate company. These two ac-
tons will have to be litigsted. he says.
Let Time Limit Expire.
In the first place this action begun by
James C. ormsby, ct al, will have abso-
lutely no standing for the reason that they
failed TO appeal from the appraisement
within the time liElit. says Mr.. Cornish.
lin all cases notices of appeal must be
perfected within q certain time and un-
less appeal is taken within that time the
party believing himself aggrieved must
abide by the first decision. These people
accepted the spprsisement and failed to
appeal. therefore they have no standing in
this action just filed.
But IL the case could be admitted to
the courts, their allegations are weak.
The claim that the board is not legally
constituted has no bearing at all. Whether
the commissioners compose a board de
facto" or a board 'dejure' Is now before
the supreme court for decision. II the SUI
preme bench decides that the board is APP
: pointed lawfully. the work done by it
stands without dispute; but on the other
hand If the supreme bench decides ad-
yersely, 1t remains that the commissioner
E composed a board "defacto," or in fact,
. and the work of the board il still not tn
; validated.
y Law on the Subject.
This is the law: II I make II known
that want a piece OF land and you, with
out being hired by me. secure an option
on that land in my name, saying that you
are acting for me even though unknown to
me. and / afterward approve your act and
take over the property, you are and have
been in fact my lawful agent and l an
holden for your acts. This is the law
: Therefore 1,en though IT should be decided
that the Board of Park Commissioner wal
not lawfully appointed, still it il and has
been since 1898 the only board Of parl
4 commissioners, il has all along acted FOL
the city. the city has approved its &C
tions and before the law its acts are lega
: and cannot by any mlsconstruction be con
|. troyerted. So much for the allegation tina
y the board is without authority.
The city charter expressly states tina
land lying within three miles Of the cit!
limits can be condemned for park purposes
u This land is all within the three-mile limit
8 But even though II were not, or even thougl
the board had not the right TO TAX Ian,
n lying outside the city limits, ormsby. Wat
. kins, shriver ct al. have no kick coming
for all Of their land lies within the cit!
" limits, Therefore, they cannot object L
our taking other land.
RIEht to Accept Donations.
The charter and the statutes Of tn
state both give US the right to accept do
nations. and as far as appraising the tots
: lands at less han $4,000 the appraisers de
cided that it was not worth more tina.
= "a. 900. IL the land had been worth NOR
than $4,000. under the law. we would hav
had to reject the appraisement and ap
point a board composed OF seven instea
Of three members for the law provides tina
:, property valued in excess OF $1,000 mus
be appraised by the larger board.
. Under the charter we have the right I
X Accep, donations for park purposes, to vot
bonds for acquiring lands for parks. or {
assess the cost Of acquiring the park land
N on the owners of property benefited. Thes
u powers have all been exercised In Oman
X before
N The lands for the proposed Levi Car
O. ter park were appraised by a board ap
ut pointed by the city council and the mayor
not by the Board OF Park Commissioned
The appraisement was passed upon an
IL accepted by the city council and the mayor
not by the Board Of Park Commissioned
Of All the Board OF Park Commissioners ha
TO do with the transaction was the decid
ing that the lands ,~suTroupding the lax
were needed for park purposes in the cit
m OF Omaha and COMMUNICATED this fact I
IA the city council and the mayor, and, ur
der the law. the council ard the mayo
RI took the subsequent steps"
iy