. History of Cuyahoga County soldiers' and sailors' monument. Scenes and incidents from its inception to its of the memorial structure, and roll of honor . run its cars diagonally through the Park, andthereby save two curves. By the directions of the Park Commissioners, thissuit was brought by the City Solicitor to enjoin theCommission from the occupancy of the southeast sec-tion of the Square. This seems to be rather an irregular way of pro-cedure, as I will show : First. We have authority from the Legislature toplace the Monument there, and of the power of theLegisla
. History of Cuyahoga County soldiers' and sailors' monument. Scenes and incidents from its inception to its of the memorial structure, and roll of honor . run its cars diagonally through the Park, andthereby save two curves. By the directions of the Park Commissioners, thissuit was brought by the City Solicitor to enjoin theCommission from the occupancy of the southeast sec-tion of the Square. This seems to be rather an irregular way of pro-cedure, as I will show : First. We have authority from the Legislature toplace the Monument there, and of the power of theLegislature in this regard I shall refer hereafter. Second. The authority of the Legislative Munici-pal body. Hence it is that I claim that the City hasnot, nor should it have any standing in Court in thiscase irrespective of other legal, valid and substantialreasons. Judge Sherwood, in the case of Barris vs. The Cleve-land City Cable Railway Company, decided September16, 1890, referring to Section 2640 of the Revised Stat-utes, wherein it provides that the Council shall havethe care and supervision of public highways and pub-lic grounds, says: If the park is to be classed as pub-. soldiers and sailors monument. JJ lie grounds, then there is jurisdiction and control in theCouncil. Further, he says: The City Council has theauthority under the statute to determine what improve-ments shall be made there. And in this connection, I refer the Court to Section1692 of the Revised Statutes, paragraph 32 ; also toSection 2640. And yet in the petition of the City in this case, it issaid that the Commission without any warrant orauthority of law whatever, threaten to, and, unless re-strained therefrom, will appropriate a large portion ofsaid section for the Monument. Again, under Sections 1774 and 1777, I claim thatthe City Solicitor had no right or authority to bringthis suit without the authority of a resolution or ordi-nance of the City Council. There is no allegation in the petition that the
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