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Show VALIDITY OF PARK LAW TOJE TESTED Members of the Board Desirous Desir-ous of Having' Authority Defined. OPINIONS ARE SOUGHT Attorneys Will Be Asked to Give Views Upon Mooted Questions. Steps arc to be taken to determine the validity and constitutionality of the new park law passed by tho last legislature and also lo ascertain to what extent it conflicts siih the commission law. This was decided upon at a meeting of the city board of park commissioners yesterday yes-terday afternoon, held In tho office of Mayor John S. Bransford. That there Is a. conflict between tho park law, under which the board Is appointed ap-pointed and nets, anil tho commission law, the constitutionality of which is to J be tested in the courts, is conceded, ! but thus far it haa not been ascertained I lo what orient this conflict may exist. I'nder the now commission law a commissioner com-missioner of parks and public grounds is provided for and the park board would naturally usurp his duties, it is claimed. Still Another Question. Another question is involved In the fact that the park law was approved by tho governor the day following the commission commis-sion law. Thus the commission bill became be-came a law previous to the park law and as the park la.w carries with It a clause repealing all statutes In conflict with it. it Is an open question rs to whether or not ono law approved the. day after another an-other law passed by the same legislature legisla-ture can repeal any conflicting provision of tho law which was approved first. Also the constitutionality of tho park law has been questioned by some on the grounds that It permits the board to levy a. tax for parking purposes. Tho members mem-bers of tho park board are very desirous of learning the extent of their authority author-ity In thla matter, and at the meeting yesterday afternoon it was decided to gel the opinions of several attorneys on tho matter A. Fred Wey, chairman of tlie board, thought that some action ought to be taken to ascertain what the faou of the matter are, whilo.tlvs other members declared de-clared that they do not Intend to be ousted from tho offices a members of the board until the matter i3 settled by the courts Opinion to Bo Asked. B F. Redman suggested that the matter mat-ter be ta.ken into court to test tho la.w. but finally, oftcr a. discussion. It was agreed to secure the opinions of several attorneys first. Mr. "Wcy suggested that the board engage the services of an attorney, at-torney, but George Aucrbach declared that he could icciiro counsel without the board being compelled io engage It. If the members are not entitled to hold their places by law crMi one of them expressed ex-pressed himself as being willing to give them up. but In that they have been properly prop-erly appointed they Intend to find out what the law Is on the matter first. Tn any event. Mr. Wey declared that he knew the pcoplo were with the park board, owing to the showing which It has madeT "What action will be ta.koil by the board depends largely upon the opinions of " the attorneys, which aro asked. |