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Sunday, February 08, 2009

Ind. Law - Is the State of Indiana violating the Constitution in its use of Military Park?

Article 15, Section 9 of the Indiana Constitution reads:

Section 9. The following grounds owned by the State in Indianapolis, namely: the State House Square, the Governor's Circle, and so much of out-lot numbered one hundred and forty-seven, as lies north of the arm of the Central Canal, shall not be sold or leased.
The "out-lot" was known in 1850 as the Military Parade Ground and today is called Military Park.

Citizen-activist Clarke Kahlo has issued a press release challenging the leasing of Military Park during the summer for various events. He sends along a compelling photo of the fenced-in "public" grounds. Some quotes from the release:

The Indiana Lincoln Battalion for the Public Trust, an Indianapolis-based citizens’ group, is challenging the state’s practice of leasing Military Park, which is expressly prohibited by Article 15, Section 9 the Indiana Constitution. * * *

“It remains to be seen how the Park Commission might be able to justify its leasing of Military Park which essentially privatizes the public park for much of the summer. While we’re aware that the Commission schedules many popular events at Military Park, we believe it’s essential to obey Indiana’s constitutional requirements. Absent legal justification, the Park Commission should offer other venues within [White River] park for leased events.

My thoughts. I've lived downtown for over 30 years and have watched the creation of White River Park and the revitalization of the downtown Canal. And I've watched Military Park gradually emerge from a "no-man's" land to a pleasant oasis of grass and trees in the downtown scene.

And then I've seen that all change again, watched White River Park become the site of one construction project after another, watched the Canal become a narrow corridor walled on both sides by commercial building, and now I'm watching Military Park spend most of the summer months over the past few years chain-link-fenced off for "special" events (such as the mass barbecue ribs sale that used to be held in the parking lot of the Murat Theatre).

Kahlo also sent along another photo that shows just how scarce green space has become downtown. There is a very narrow strip of property left along the Canal which many would like to see remain green. It is just west of the north state parking garage and directly across the Canal from the Indiana History Center. It is difficult to imagine it as the site for another hotel, but that plan apparently is under consideration, according to the flier.

The Debates of the 1850-51 Constutitional Convention show that the same division of opinions existed nearly 160 years ago.

From the Indiana Constitutional Debates, Vol. II, p. 1978 [p. 972 of PDF]

Mr. NILES moved to amend by inserting a provision to the effect that the Legislature shall have no power to sell the block in the centre of Indianapolis, known as the "Governor's Circle." I make this motion (said Mr. Niles) because I observe that the Legislature is assailed every year with importunities to sell, or give away the Governor's Circle; and my desire is, that the public grounds within this city shall be preserved as a beautiful ornament to the town and the State.

Mr. RARIDEN moved to amend the amendment of the gentleman from Laporte, by striking out the word "not," so that the Legislature may be empowered to sell the Governor's Circle, if they should deem it proper to do so.

Mr. KELSO. I am in favor of the amendment of the gentleman from Laporte, as I understand there is a proposition now before the Legislature, to devote that ground to the purpose of building a monument upon it in memory of our soldiers who fell in Mexico. Such a clause inserted in the Constitution, would rather sanction the appropriation of it to such a purpose, and I am decidedly in favor of devoting it to that purpose. * * *

Mr. MILLER of Gibson. It seems to me that the provision ought to include all the public grounds ; and unless a provision to that effect be inserted in the Constitution, take my word for it, they will be disposed of by the Legislature.

From the Indiana Constitutional Debates, Vol. II, p. 1996 [p. 990 of PDF]

TIPPECANOE BATTLE GROUND.

The section in relation to the inclosure and preservation of the Tippecanoe Battle Ground was read a third time.

The question being, " Shall the section pass?"

Mr. MAGUIRE moved that it be re-committed to a select committee of three, with instructions to amend so as to provide that the State shall never sell the military ground at Indianapolis. * * *

From the Indiana Constitutional Debates, Vol. II, p. 2005 [p. 999 of PDF]

Mr. BADGER. Mr. President, I move to recommit this article to a select committee of three or five gentleman, with instructions so to amend as.that the Legislature shall be authorized to sell the Governor's Circle, and the lot known as the Parade Ground, No. 147, for the best price they can obtain, and appropriate the proceeds of such sale to the use of common schools, in the several counties in this State.

I make this motion from two considerations: first, they are yielding the State no profits, but, on the contrary, are an expense; and secondly, it should be our duty, in bringing about a system of free schools, which, in my opinion, will very soon become universal over the State, to bring all possible resources to bear, so that the masses -who are already taxed heavily, shall have the smallest possible additional embarrassment.

I am aware of strong objections to this move, but, sir we should not forget that it is a virtue to cultivate that very necessary ingredient, in a public servant - ECONOMY.

And, if by this means, we can add a few thousand dollars to our common school fund, the undertaking will be a laudable one.

If this amendment should be the means of educating and developing the otherwise hidden intellectual powers of but one man, the end will abundantly justify the means; for remember, sir, that knowledge is power - that a virtuous and an enlightened" people can never be enslaved, nor is there any earthly power that can bind down the mighty energies of the human soul, nor rivet the chains of slavery on an intelligent people, who feel that they are free, and know that they are immortal.

I do hope, sir, that the article may be re-committed with the instructions which I now offer.

Mr. NILES. I hope, sir, that the amendment offered by the gentleman from Putnam, will not be. adopted. That gentleman has been consistent in his desire to increase and protect the school funds. But it would be a strange movement on the part of this Convention, after refusing to do anything with a view to save the school funds from utter loss, to order the sale of the public grounds in this city, for the sake of the little pittance which they would bring. We lose twice as much every year, on account of the bad system of managing the school funds, as all the public grounds in this city would sell for; but if they would bring an hundred thousand dollars, I should be only the more anxious to have them protected from sale by the Constitution. Public squares and parks in cities are hardly second in their humanizing influences to public schools. Who would be willing to fill up the public grounds of large cities with brick and mortar? Such a policy would be a greater injury to the present and succeeding generations than could be repaired by adding an hundred times their value to school funds.

Mr. WOLFE demanded the previous question. The demand for the previous question was Seconded.

The question being taken on the re-commitment of the section, with the instructions as proposed by the gentleman from Putnam,

It was not agreed to.

Posted by Marcia Oddi on February 8, 2009 11:13 AM
Posted to Indiana Government | Indiana Law