293 
PARK AND CEMETERY . 
LEGAL STATUS of BUILDINGS in PUBLIC PARKS 
An interesting legal decision, on the 
right to erect public buildings in a 
park, and the uses to which such 
buildings may be put, has been ren- 
dered by the Supreme Court of Cali- 
fornia in the case of Spires vs. the 
City of Los Angeles. 
The court held, in brief, that the 
erection by a city on a square dedi- 
cated by it as “a public place forever 
for the enjoyment of the community 
in general,” of a public library for the 
use of the same public, is not only 
not inconsistent with the purpose for 
which the park was dedicated, but is 
in aid and furtherance of its enjoy- 
ment by the public; but the building 
can be used for strictly library pur- 
poses only; so that, while rooms 
therein may be provided as a meet- 
ing place for the board of library di- 
rectors, they cannot be provided for 
the board of education. 
The following information from the 
judge’s decision will be of interest to 
park men who are not unfamiliar with 
this question: 
The plaintiff, a resident and tax- 
payer of Los Angeles, and the owner 
of property abutting a public park, 
brought suit against the city to re- 
.strain it from erecting a public library 
on a tract of land known as “Central 
Park,” on the ground that the city had 
dedicated it to the use of the public 
for park purposes, and that such pur- 
pose would not permit the erection of 
a public library building. The Cen- 
tral Park in question is 600 by 330 feet 
in size, and it was proposed by the 
municipal authorities to use a space 
in the center thereof, 100 by 150 feet, 
for the public library. In the trial 
court judgment was rendered for the 
plaintiff and the defendants appealed 
to the Supreme Court. 
The Supreme Court, in rendering 
its decision, says: 
As matter of public knowledge, we 
are aware that the erection of hotels, 
restaurants, museums, art galleries, 
zoological and botanical gardens, con- 
servatories, and the like in public 
parks is common, and we are not 
pointed to any authority where it has 
been regarded as a diversion of the 
legitimate uses of the park to estab- 
lish them, but, on the contrary, their 
establishment has been generally rec- 
ognized as ancillary to the complete 
enjoyment by the public of the prop- 
erty set apart' for their benefit. To 
instance, in Central Park in New 
York City there is a museum of nat- 
ural history and a metropolitan art 
museum; and in Golden Gate Park in 
San Francisco, a museum, children’s 
playground, and buildings used in 
connection with it and a conserva- 
tory. VVe mention simply these parks 
and particular features devoted to the 
public enjoyment, although many 
other parks might be mentioned where 
similar buildings have been erected. 
Now, we are at a loss to perceive why, 
if the erection of museums, conserva- 
tories, and art galleries is sustained 
as in aid of the enjoyment of prop- 
erty dedicated to the public, the erec- 
tion of a public library on a public 
park should be proscribed. Certainly 
the latter is as much in aid of the en- 
joyment of the public as the former, 
and, as far as the right of public ac- 
cess to it is concerned, stands on en- 
tirely the same footing. Of course, 
if a municipality were undertaking to 
establish on this property a city hall, 
fire engine station, hospital, or jail; 
endeavoring to devote the property 
(assuming it was dedicated for a pub- 
lic park) to the erection of municipal 
buildings or offices or structures for 
use in the transaction of municipal 
business, a different question would 
be presented, and there would be lit- 
tle hesitancy in holding that it could 
not do so. But using a portion of said 
dedicated property for a museum or 
art gallery or conservatory or library, 
designed for the recreation, pleasure 
and enjoyment of the community in 
general, is an entirely different propo- 
sition, and is a distinction generally 
recognized by the authorities. Public 
buildings, such as we have last men- 
tioned, are for the benefit of the same 
public that enjoys the advantages of 
the park. There is nothing exclusive 
about it. and they are, in fact, erected 
and maintained as additional and 
ancillary means to promote the recre- 
ation and pleasure of those to whom 
the enjoyment of the park is devoted. 
.\nd that among the buildings which 
may be erected within a public park 
in aid of and for the better enjoy- 
ment of the public, a public library 
is included, is settled by authority. 
An interesting and leading case 
upon the subject is the Attorney Gen- 
eral vs. Corporation of Sunderland, 2d 
Ch. Div. 634. This case directly in- 
volved the right of a municipality to 
erect a public library in a public park. 
A tract of land was purchased by the 
borough of Sunderland as an exten- 
sion to an existing park, and. was con- 
veyed to it by a deed which declared 
that the land was to be used “only for 
public walks and pleasure grounds.” 
Subsequently the corporation re- 
solved to employ a quarter of an acre 
as a site for the erection of town 
buildings, including accommodations 
for a museum and a library and pub- 
lic offices. Thereupon suit was 
brought by the Attorney General at 
the relation of certain inhabitants and 
rate payers of Sunderland to have the 
corporation restrained from appropri- 
ating any portion of the park “as 
sites or a site for the erection of any 
town buildings, or for any erection or 
building which is not needed, or inci- 
dental to, the maintenance of the 
park as public walks or pleasure 
grounds.” The vice chancellor before 
whom the case was first argued held 
that the municipal corporation de- 
fendant had power to erect upon the 
land in question a museum and con- 
servatory, but not any municipal 
building or a library or school of art, 
and pursuant to this decision a de- 
cree was made restraining- the cor- 
poration from erecting any town 
buildings or any building other than 
a museum or conservatory. The cor- 
poration appealed from this decree, 
and the Court of Appeals modified it 
by directing that the injunction should 
not “extend to a free public library, 
museum, or conservatory open for the 
use, convenience, and recreation of the 
