The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-31
RYAN'S FARM.
Columbus Ryan's Hid on the Central Park
How Comptroller Green Fixed
Things for Rim.
Park Commissioner Martin's View
of the Matter.

Mr.. William r. Martin, Commissioner OF Pubic
Parks, has rendered an opinion addressed to the
Park Commission in reference TO the double
holding by superintendent Ryan OF his once and
contract for furnishing refre shments Ia the
Central Park.
Al a hearing given 10 Mr.. Ryan on the Goth inst.
he appeared by counsel and con tended that be had
the right TO hold both ONCE and contract, arguing
that the contract in the nature OF a license
and not OF lease, and. If 1t were a lease, that
having entered into the contract before he was ap-
pointed an ofIlcer, there has been no violation OF
the provision OF the charter.
The facts, Mr.. Martin says, are as follows Ryan
was employed as superintendent OF the Parks
under authority given on 2sth November 1871.
and on the 9th March, 1872. his salary was nxed
at S., 900 per annum. On I'd November, 1871 Mr.
Andrew H. Green, then Commissioner OF The De-
PARTNERS, offered the following resolutlon:-
Nth Columbus ns 1an Ss ne 70
less 70 sell retresh%enis on the Sea'ra PARK sr ae.
be paid TOR said privilege 70 be amount exceeding
be 81 NJ e so 10
time by the Board SAID eere 70 s ron al Necessary
the said business ana 70 be submitted 10 the Board
approval before execution
Mr.. Martin states that under this resolution and
q subsequent one OF November the rate OF per-
centage to be paid was hxed by Mr.. wmttemore
as treasurer, and approved on the 10th OF Febri-
airy, 1873. The lease was IN TACT, executed on the
2Sth OF February, 1878.
Under section III OF the charter OF 1879 tbs
tie rm Of office held by Mr.. Ryan ceased and de-
termined when the Board should appoint another
in his place. The Board reappointed him on the
27th October 1878. Since then he has performed
the duties OF his Office and received the salary
therefor down to the LIST December, 1874 and has
not received the salary since. Under his contract
he ha led TT Or RI e hui
st. Vincent, the Casino and in all other places
where the refreshment business IL carried on in
the Central Park, and has returned as ms gross
receipts ana paid the percentage thereon tho
following sums
REGULAR BONANZA.
Gross ReceipG. Percentage.
From Noyembcr l. ls72. to Novem-
November l. is7a to November '''''S '-0 -
November i, is7i to January -''-'' "'' =
ls7s-....... ................,..... 6572 SO N IS
The percentage has been paid TO the Treasurer
ment, and has been passed to the credit OF tho
SINKING fund. Mr.. Martin says
!. That the double holding OF an once ana con-
tract Is IN violation OF the charter OF 1879 sections
10l and 9A
2. That ne has no right to his ONCE or its salary
s. That his contract is not now IN force.
Frst-The lo1st section Of the charter OF 1873
had for iss purpose the correction of abuse.
hned, had existed in the previous charters Of tho
city CHAP LIZ, 1880, secs. Ii and 49,. chap. l37,
con siderable length he argues in his report To
show that the charter has been violated by Ryan.
GREEN'S EvASIONS
Under the resolution offered by Mr.. Green on
the I'd OF November, 1879. this instrument Mr..
Martin points out was framed, not by the Cor
poration Counsel nor by the counsel OF Mr. Ryan.
! but by NJ. Wnittemore, then the Secretary Of tho
Board. The prohibition then IN force section liz,
charter OF 1870 was similar TO the lost section
OF the charter or 1873, except that the word
''ease" was not contained IN 1t; but by the Laws
OF 1853 chapter II. section I, the Commissioners
OF the Central Park were empowered to lease
buildings within me Park, from year to year only:
terms OF lease IL could not have been, as it IL,
/ for i've years but only from year TO year. In this
may be found the reason why the usual terms y
lease were avoided, and the purpose was accom-
plished by An anomalous instrument The gen
eral principles OF public policy Illustrated by the
caused the Introduction OF the word ''leasen ia
TINS section OF the charter or 1873, were disre-
garded
ON the hearing given him Mr. Ryan claimed that
! the instrument by which he had been given tho
J reiIeshment business was license and not
/ lease; but Mr.. Martin says that, whatever inter-
probation may be placed upon II, II IL were ques-
ton between the parties, Is immaterial upon ther
broader views here presented. COntrasted, he.
says, with every other mode BY which one can use,
and occupy and pay for the premises OF another,
this instrument comes within the tablished egai
! definition OF Q lease Its substance and the ac-
canoe h s its mere pnrassoory t6Dr sannor
be made something dlncrent from what 1t Is
merely BY naming 1t so. This instrument Is mono
Of words TO give 1t the color OF license.
The i0llow wing conclusions are reached by Mr.
Martini
F'rst-That from the 9th October 1879 Mr..
this department. The Office OF superintendent az
Parks has been, since then, vacant, and he can
not receive the salary therefor.
Sec0nd--His contract, whether void totally or
not. terminated on the I'd November, 1873, and ~
open to any action The department may take
thereon.