The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-11-28
CITY PARK BOARD
ON SAFE GROUNDS
This IS the Opinion of Attor-
neyS Who Have Looked
Into Law.
PLEASING TO MEMBERS
Excellent Work Inaugurated
by Commissioners Ex-
pected to Continue.
TO MEMBERS

That the city park board will not be
legislated out OF power when the new
commission form of government goes
into effect and that the law under which
the park board is operating is
constitutional, is the opinion of
attorneys who have been consulted
by members OF the board. At the
meeting OF the board. OF park commits
sloners in the mayors office Yesterday
afternoon. several members OF the board
reported that they had consulted their
attorneys on the matter and while they
had not received written opinions, the
informal conclusion reached by those
who had been consulted was that the
park board Was safe and could no: be
touched.
That the board would not be put OUT
OF existence without the courts doing IT
was agreed at n recent meeting, when
Law and the commission Law was dis
cussed At the meeting, yesterday, how
ever, things looked brighter for ,he
attorneys consulted had agreed that the
park board WAS perfectly safe.
All numerous times. the constitutions
slity of the park law has been attacked
by various persons, One reason given
was that il gave an appointive body the
right 20 levy tavcs. but II is denied by
members of the board that the law gives
them this privilege. They contend that
IL Is the duty OF the city council or city
commission, as the case may be. to ac-
rually levy the tax but X Is a privilege
Of the board to recommend what that
tax shall be. subject TO the action OF The
city council.
View of Attorneys.
II was reported yesterday that the
views of tho attorneys who had been
consulted was that the law Is in .ac-
cordancc with the constitution on this
point
The confict between the two laws as
discussed at n recent meeting OF the
board OF park commissioners also has
been gone into. AS to this. it was stat
cd Yesterday that the opinion Of attor-
neys and, in fact. those attorneys who
were prominent In the framing OF the
commission law is thar the park law
is all right aud the board is perfectly
safe. Whether or not there Is con-
0ict In actually between the two laws
is matter TO he worked out later.
I, IL fact that the commission law
PROVIDES for n commissioners OF parks
and public grounds while. under the
park law, jurisdiction OF these is in
vested in the board OF park commission
ers. II is true. also. that the commits
sion bill became a law q DAY before the
park bill. and that the park bill carries
the repeating clause. repeating all STAT
utes and provisions OF statutes In con-
Nice herewith Whether or not the
park law can repeal any portion OF the
com mission u" w "nCn W3S approved py'
the governor the previous day. is an open
question. some attorneys thinking that
it can.
Results Not Feared.
This. however, is d matter to be set
tied by the courts, and ls largely OF a
technical nature. The board OF park
commissioners does not fear any bad
results from this. The board has not
yet engaged the service or attorney,
but, in the event that any trouble or
question is raised on the subject, ii is
understood that this will be done.
The park board has been doing some
excellent work during the pact few
months. and il has an enormous amount
of work laid out before il. which Will
be successfully carried TO completion. il
the board rs given the proper opportun-
ity. The board al the present time is
proceeding with its plans and does not
expect any serious trouble. but, IN case
q must fight. every member has eX-
pressed his willingness TO go into the
battle for what he maintains 10 be his
Nights under the law. II Is hoped by
AL concerned. however. that the matter
will be peacefully and amicably settled.