South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-04-07
PARK LANDS CONTRACT
VOID SAYS CITY ATTY.
City Attorney Jernegan Makes
Speech in Council Chambers
Progress Chamber Wants
Library.

when is a park not a park ." was
the title Of a spirited speech by City
Attorney Ralph Jernegan Monday
evening before the common council of
Mishawaka The speech was in part
a report of an investigation which has
been conducted by the city attorney
through instructions of the board of
public works in an endcavOr to de-
termine the legality of the contracts
held by the city for the recently pur-
chased two new park lands. Accord
ing TO the report all of the contracts
are illegal but two of them can be
made correctly protective To the city
altnough the contract for the tract Of
land in the extreme east end of Wash
ington park commonly known as the
old Gernhart' farm is lost. A portion
of the money for this tract has al
ready been paid but part of il or all of
il can be secured without trouble il is
thought by the city.
The contract for this piece of land
was made with the Citizens Realty
company and according to City AttOr-
ney Jernegan no such concern exists
on the books of the Indiana state in
corporation system but concern said
to be comprised or tie same mem bers
as the firm Of the Citizens Realty
company has Incorporated at Indian
apOliS under the title of The Citizens
Improvement corporation. No bonds,
stated Jernegan were given the city
as protective measure by the parties
of the second part of the contract and
this was one of the Irregularities
which made the park land contract
void. Four vouchers had been cash
ed by a member of this concern for
over three hundred dollars each since
the contract was made. All of these
vouchers were cashed by the same
person who gave no evidence of his
official capacity with the firm or as to
his right to cash said checks This
money which will involve about 81 300
is lost to the city unless the parties
can be induced to return the money
and if not the matter would be a
question for the courts To decide.
Furthermore Jernegan stated the
city was the third party in the con-
| tract and as the Citizens Realty COM
pany had no title to the land when the
contract was made therefore the city
has absolutely no protection WhatsO-
ever in their part of the contract. He
also said that in communication with
the administrator OF the Miller estate
the contracts between the Citizens Re
atty company and the Gernhart es-
tate is about to be fOreclosed.
The AIishawaka Chamber of
Progress in a communication to the
council Monday evening stated that
il is DESTROYS of cooperating with the
city in securing for Mishawaka a new
public library building. At n meeting
of the Progress Chamber held last
Monday evening a committee was ap-
pointed to take the matter up with the
city fathers. The Progress Chamber
in it's communication stated that they
felt some action should be taken by
the new administration for a public
library here and several suggestions
and solutions of the problem are ask
4
mon council. One suggestion was
made which brought out the PROPOSE
ton that the city appropriate what
ever sum they could and the balance
of the fund necessary for the building
should be solicited by popular dona-
ton by the Progress Chamber organ
izatiOn. This same committee also
presented to the council a communi-
cation asking that the city take some
action to stop the Lake Shore and
Grand Trunk trains here. This they
| asserted would be a great advertising
stunt" for Mishawaka. The com
mittee also asked the council in be-
half of the Chamber Of Progress to
make repairs to a sidewalk at the
northwest corner of First and Hill StS
where the sidewalk is in a dangerous
condition caused by undermining in
digging gravel All the communiea-
tons were referred TO the committee
on public improvements.
The petition by Towel av. residents
! to the common council at their last
/ meeting asking that tire pavement
manufacturing plant at the foot of this
street be removed as il is q public
nuisance came up again. The COM
mittee on grievances TO which the
matter was referred reported that aft
er due investigation the plant being
situated at this point is "A public null
sance, steps will be taken by the city
TO have the plant removed elsewhere
whore it will rot be obnoxious TO the
residents
| City Controller Walter Michaels
read the treasurer's report as follows
Total receipts, SIS, SO7.01: total dis
/ bursements, S14,2O2.26; balance on
/ hand, $4,6O4.75.