Evening journal., 1919-07-18
PARK PROPERTIES
BELONG TO CITY
Solicitor Says Board Has
No Legal Right to Trans
fer Lease
OPINION SETTLES
WHARF QUESTION

Having asked City Solicitor Huxley fo
an opinion as to the legal right Of tn,
Board OF Park Commissioners to cancel
lease held by the city. on lands alonl
the Christiana river, IN order that thi
lands might be transferred 20 the VII
mington and New Jersey Ferry Com
pany, City Council last night received
the opinion. Mr.. Huxley holds that Tn,
park board has no right to dispose OF
this or any other lands held by it for
the city. and that all park lands man
aged by that department are owned by
the Mayor and Council.
No further action was taken in the
matter last night. the communication
rom City solicitor Huxley being re-
ferred 10 the committee Of the whole
FOR action. The opinion follows.
The President and Members OF
The Council.
Gentlemen Replying to letter of
Homer g. Simmons. Esq. Clerk Of
the Council. dated July ii, request
ing opinion as TO legality Of pro-
posed agreement between the Board
Of Park Commissioners and the
" NAlAlNNANW NNHNNAA0NMN HHNAAAl'"Aa
beg 10 say that IN my opinion, said
agreement 10 cancel lease would
not be legal in the absence OF an
ordinance Of Council. authorizing
the Mayor and Council Of Whining
ton 20 sign. seal and execute same.
In arriving at this opinion I am
governed by the Act Of Legislature
creating the Board Of Park Commis-
sloners. which sets forth the duties
and powers Of said commission.
These duties are that the commits
sion shall have the care and man
agement OF all lands 10 be laid out
and used as a public park with
power to adopt and execute the
proper plans for the maintenance
and Improvement and the supervis-
ion and expenditures Of all moneys
which may be given or appropriated
for laying out, improving or
adorning the same The said act
provides that the title 10 and the
ownership Of all lands shall be vest
ed in the Mayor and Council Of
Wilmington The act Of Legisla-
ture. authorizing the acquisition Of
any lands for park purposes specl-
fes that upon the recommendation
Of the Board Of Park Commission
ers. the Council shall. by a two
thirds vote Of all its members, have
power 10 purchase the same. The
land in question was acquired In
this manner. 70 would indeed be a
dangerous proposition. II, after the
CITY acquired land In the manner
as set forth by the act Of Legisla-
ture. that the Board of Park Com
nissioners could dispose Of said
land without authorization, from /.
the hodv authorizing its purchase
or ACQUISITION. II this were al
lowed Council could authorize the
ACQUISITION Of land at a certain price
and the Board Of Park Commission
ers could shortly thereafter dis
nose Of same for a much less price.
I am not in this opinion passing
on the advisability Of the cancel
laiion said lease as 20 whether or
not IL is a good business PROPOSE
fion. as this is a question to be de-
fermined by tha Board OF Park Com
missioners andl the members OF
Council What 4 desire TO convey 70
tbe members az Council in this
opinion is that if the Board OF Park
commissioners could dispose OF
said property. without authoriza-
lion Of Council. advaniageously TO
the city's interest. they could also
do SO to the detriment Of said in
terests ou
n the members Of Council
deemed the cancellation Of said lease,
as recommended by the Board OF
park Commissioners. to be advan-
tageous 10 the city. It can very cas-
iIv he accomplished by an ordi-
nance Of Council authorizing the
execution by the Mayor Of an agree
ment cancelling same.
Very respectfully yours,
JOHN W. HUXLEY.
City Solicitor.