Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1911-08-22
CREATION Of
PARK OPPOSED
FORMER CITY ATTORNEY COLE.
MAN FILES SOME LEGAL
OBJECTIONS.
SAYS It IS NOT NEEDED
Acting in Behalf Of Unnamed Parties,
Attorney States That Park Is Last
Thing Desired by People of Lewis
: town-Many Natural Parks to Be
Found in Our Mountain Suburbs.

Found in Our Mountain Suburbs.
Former City Attorney John A. Cole
man surprised the city council last
evening when he appeared and en-
tered protest against the plan for
acquiring city park in Park addi-
ton and notified the mayor and alder
men that unless it was abandoned he
would, on behalf Of certain persons"
who had retained him, begin legal
proceedings to stop the whole project.
1t will be remembered that the agi-
tation for a park started some months
ago, when, as result OF public meet
ings, Il committee was appointed to
examine all park sites available, make
recommendations with regard to them
and suggest plan for financing the
purchase OF site. This committee
did its work thoroughly, submitting
an extended report covering several
sites offered. 1t was found, however.
that the city could not raise the
money to make the purchase OF any
OF them, and the matter ended there.
until the company owning Park addi-
ton came forward with an offer to
give the city a tract In that addition,
comprising between eight and nine
acres, on condition that the city
should reimburse the company for the
work done in building roads through
this particular tract and the ap-
proaches to 1t. amounting to fifteen
hundred dollars, and also agree to ex-
pend $1,000 annually In developing the
site for a period of five years. This
offer, considered a generous one, was
accepted by the council. {
Mr.. Coleman, In presenting his oh.
jections. claimed that under the
statute the city could not enter into
a contract extending beyond a period
OF three years and that the agree
ment to expend a certain sum for
park maintenance was a contract and
was therefore illegal. Further, he
contended that Mr.. Belden, the city
attorney, being stockholder In the
company owning the addition, could
not be party to any contract with
the city, the statute prohibiting any
city official from entering into con.
tract with the city. :
The former city attorney also gave
it as his opinion that money expend-
ed on a site in developing 1t into a
park was not money expended for
park maintenance.
/ Outside OF these objections, based
upon the law, Mr.. Coleman made
further attack upon the plan, saying
that park was the very last thing
on top of Gods earth that LewistOwn
needed. It has natural parks every
where. Those who sought parks had
only to go out to Boyd creek or Spring
creek to get them or they could go
to the beautiful mountains and rest
under the beautiful pine trees and
have their fill of parks. There was
no more need for a park here, any
way, he contended, than there was
for fifth wheel on a wagon.
! Mr.. Coleman further stated that the
sentiment of the people of Lewistown
was practically unanimous against
the acquiring of any park. There was
no need for one and the money could
be better expended on the streets and
In other ways.
He closed stating that If this plan
were not dropped he would, on behalf
of "those who had retained him." at
once proceed to prevent the levy of
special tax for park maintenance.
Alderman WINS suggested that It
would be good idea, inasmuch as the
matter had been brought up, to have
the points presented threshed out
thoroughly and that a committee be
named by the mayor to hear both
sides of the question and report there
on.
Mayor Marshall appointed Alder
men WINS, Traywick and Sutter as
such committee, and they will meet at
the council chamber this evening for
the hearing.
The petition of the Great Northern
Railroad company and the Judith
Basin Milling company for permission
: to straighten out the mill ditch and
J take 1t inside the railway company's
: right-of-way was granted. on condition
, that the streets should be made safe
, and convenient to the public at the
crossings. This will really be a con-
siderable improvement. as the railway
company wishes to protect It's right
} of-way against the seepage from tho
! ditch and will carry the water under.