Omaha daily bee., 1912-05-27
Council Bluffs
FIGHT MADE ON CARNIVAL
Doubt Exists as to Legality of Using
Bayliss Park as Site.
LAWYER WILL PUSH CASE
Fight Once Before, Has Been Re-
tained to Insist Grounds BE
Not Thus Used Again.

After an affirmative vote. representing
about IS per cent Of the membership Of
the Commercial club. expressed at the
annual election last March. there has
arisen a grave question whether the street
carnival then determined upon will be
given. This VIII not be due TO any change
Of heart Of the club members or weaken
ing of the public approval that has been
accorded all OF the carnivals that have
been held and which have made Council
Bluffs famous. The trouble that may
become preventive is the aftermath
Of the successful effort to prevent Bay
liss park beins ased as the site for a
huge tsr-paper tabernacle by the Minis
revival meetings. The assertion is made
that IL the park cannot be legally used
as the location for a temporary church
1t must be equally Illegal TO use 1t as the
site for a temporary show.
II is declared that this opposition does
not come from the local clergymen or
those interested In getting the park for
revival meetings. but from others who
have not yet disclosed their Identity. II
hdiu hntg HHNt tibhiO9C1 AhohAaS ~
Harrison. the same attorney who repre-
sented the plaintiffs in the Injunction
proceedings. and have instructed him to
appeal TO the courts for restraining
order 70 prevent the use OF the park
for carnival purposes II denied the use
OF the park IL IL certain that no carnival
will be held. for II has been the location
In the heart OF the city. the brilliant
setting made possible only by the beauti-
the great successes that have character
ized them.
Attorney Harrison was Questioned yes
terday and admitted that he would have
to act In the matter. both from q pro-
fessionai and a moral standpoint.
Harrison win Make Fight.
Il was sincere when I prosecuted the
suit of my clients IN the district court.
and would be recreant 10 everything II
I refused TO act now" said Mr.. Harrison.
TT "a true Judge Arthur dissolved the
temporary Injunction and granted the
preachers the privilege OF erecting their
tabernacle there. but ! am sure be would
not do 10 again. for there u not q par
ticle OF doubt that the supreme court
would not sustain him. for there is a
stack OF decisions against him II the
Commercial club or the Ministerial club
attempts to use the park for carnival
or any other purpose ! will be obliged
TO stop them by an injunction. II viii
be fought out IN the courts with the GER
tainty that there viii be but one possible
A..tsiou that ttar. x.ftii ~. un earnlxnI -
In accordance with ths original plan
the Commercial club has gone ahead with
the arrangements and has planned the
greatest carnival yet. the revenue To be
used exclusively for the purpose Of pro-
viding the club with funds to promote
the commercial interests Of the city In
the way Of securing sites for factories
and locating similar enterprises. The
club has appointed B. N. Sargent T. d.
Metcaf. J. B. Long. II w. Binder. n. A.
Quinn and Mayor Maloney 10 act As a
general committee OF arrangements, with
Mr.. Sargent - It's chairman. The FIRST
duty Of this committee win be to secure
the consent Of all Of the property owners
around ths park for the temporary clos
ing OF the streets. The members are also
70 secure the requisite order from the
park board. II has already been asoer-
tsined that not more than one person
living near the park IA liable to object.
and he is a pretty good fellow and never
q kicker and IL Is believed his objections
can be easily overcome The park board
will also grant permission. but the legal
tangie presents a Gordian knot that may
resist all Of the attacks Of the knives
and hatchets that may be directed
against H.