The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-04-04

ciates. and assigns. the market value
of said Improvements to be determin.
ed by three commissioners one Of
which should be selected by the
council q Ardmore. one by the gran.
tees. and the two to select the third
Under the provision of this ordi.
nance. the Improvements can be
purchased by the municipal coun.
cil now the board of commission.
ers, on the lst day of June. 1910.
and thereby terminate this lease
contract.
AS to whether or not the same
can he purchased by the park board
and paid out of the monies oh
tanned from the sale of bonds. which
were voted for the purpose Of park
improvements, is different ques
tion.
II the Improvements now situated
on the said park, and placed there
by the Ardmore Fair Association are
such that can be used for park pur.
poses. in that instance think the
park board would have a right T.
purchase the same.
The charter of Ardmore. article
10, section ,, provides as follows:
Said park board shall have the
power to acquire in the name If the
city, land, and other property for
park purposes, and to maintain and
beautfy the public parks of the
city"
The statute of Oklahoma defines
park property" as follows:
The term park property includes
al, parks. street parkings, squares,
and areas Of land within the man.
agement of said board and all
buildings, structures. improvements,
seats. benches, fountains, boats.
floats walks. drives. roads. trees
plants. hcrbages, flowers and other
things thereon. and enclosure of
the same: and all shade trees on
streets CT thoroughfares. resting
places. watering stations. play
grounds, or the like and all con.
meeting parkways and roads or drives
between parks, and all avenues
roads. ways. drives. walks. with all
trees, shrubbery, vines flowers. and
ornaments of any description. or
objects Of interest or instruction, and
all tools and implements. placed in
or ON any Of such enclosures, ways,
parkways, roads. OF places, and said
strued.' tSnyder's Statute. Section
7l6J.
think in determining this ques.
tion it is 10 be left chiefly 10 the
discretion Of the park board in de-
termining the nature of the prop
erty in question. and whether or
not the same can be used Tor park
purposes in such way as 10 I'M.
prove and beautify the park.
II is contemplated by the laws of
Oklahoma as we'll as the laws of
the other states of the union, that
park is a tract OF land set aside
as a pleasure grounds 10 be open
TO the public without any charge
for the purpose of recreation. exer.
else amusement. etc.
In the case of Ehmen vs.. VII
lage Of Gothenburg, the supreme
court of Nebraska. found in the 10th
\. w. page 23S. said:
The universal meaning Of the
term in this country is tract Of
land in or near a city or town. and
devoted - purposes of amusement
pleasure or exercise. There may be
private parks, but the use of the
term 10 designate private property Is
the exception, and public use is i'm
piled by the term in the absence of
language or surrounding facts i'm.
plying the contrary"
"a park in a city means, to the
sense OF every person, place open
10 every one price VS.. Inhabitants,
~ y. j. Law. 60SD
All of the decisions seem to hold
that a city park is TO he open 10
the public and is place for rec.
rea,ion. and amusement.
| d. not think the law of Ok
lahoma contemplates city park ~
be place closed against the pub.
lie, and admission charged for en-
trance to the same. The bonds are
voted by the citizens and paid for
by them, and under the law of Okla.
homa, money which is voted for one
purpose by a municipal corporation
cannot be diverted and used for
some other purpose.
In determining whether or not YOU
have the right TO purchase these i'm
provementS, YOU should be guided by