New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-08-26
PROPOSED PARADE GROUND.


OPPOSITION TO THE MOTION TO APPOINT NEW COM
MIssloNERs-THE CORPORATION coUNsELs 70
sIT!ON
The motion to appoint new Commissioners
Of Estimate and Assessment for the taking of property
on Harlem River for parade ground for the State Ma
tona Guard In this county was to have been presented
yesterday to Judge Donohue In Supreme Court Cham
bers, but motion Of Corporation Counsel Whitney 1t
was adjourned until to-day. Mayor Wckham was In
court and william Ii. Webb and Henry N. Beers the
President and Secretary of the Council of Political Re
FORM present with their counsel Edward Fitch to
contest the appointment of commissioners.
The site Of the parade ground selected under an
act of 1871 authorizing the MajorGenera Of the First
Division and the Park Department to select proper
site for parade ground This found the island
side of the Harlem River. between High Bridge and
Kingsbrdge. This act it is stated requires that CON-
nssioners should be appointed for the final condemna
ton Of the land and the Court of Appeals has leaned to
this view in matter which came before 1t.
The interested in having the tract taken
by the city insist that this limitation applies at most to
the selection of the land and the fling OF the map The
act requires the application for taking the land to he
made by the Department of Parks with the approval OF
the Commissioner of Public Works The proper petition
filed within years, in 1878, and commissioners
appointed TO make estimate of the value OF the
property be taken Before those commissioners had
completed their work the Department Of Public Parks
passed resolutions disseminating the work The property
interested applied 10 tho courts To require the
commissioners TO complete the work. notwithstanding
the action OF the Department of Parks. IL was this
matter which went the Court Of Appeals and the Court
OF Appeals decided that the department had the power
to discontinue the proceeding and incidentally passed
on other questions connected with the statute In March,
1875 the Department of Parks directed renewal Of this
application. which fell through tcchncaity, but
was renewed in May, and it is this last proceeding adj
journed from time 70 time, which was before Judg.
Donobue yesterday.
Corporation Counsel Whitney in calling up the matter
yesterday said that when few days ago, this matter
was before the court he had been compelled to ask an
adjournment the original petition of the Department
Of Parks and Of the Commissioner Of Public Works was
In his Office and could not be found He had there
10 Park Commissioners and also 10 the Commissioner
of Public Works. lie had received from the latter le
ter the original petition found In charge ui the
Clerk the Chambers of the supreme Court both papers
coming 10 him that morning The Comnlssonrr N NE
sed for the advantage OF the city To acquire
this ground, and therefore at present ne must 80
the matter n@9 furtaer He Mr. whitney, in
and and lad lad no DISCRETION Of his own in the
matter II seemed TO him serious question recurring
careful consideration whether ts letter did not aHon.
o revocation Of the approval made more thai year
ago, and whether, counsel for the Coninss OF
Public Works, he ought To proceed Wlllous a. Ieast M
ther consultation with him. To give AN opportunity 10
consul; with Mr.. Campbell and TO examine me Question
he asked that the he aid over until to-day Jucge
DODOhHe granted tine application W,
In conversation win "a TRIBUNE reporter Ndru
Ptch who appears the Council OF Political iIeiofii
said that besides the question of whether as The Court oil
Appeals had certainly sid the power OF proceeding was
at an end the lapse of two wears from the passage
the act his ccus would Insist tLGt The Gisccton
given the Park Department Ia thu matter was "a ds
cFeon To be exercised for the puhc good 10 SATISFY q
plain public demand and necessity IL would be insisted
further the Department Of rucl discretion was
renewable by the courts. The resolutions ia which s
proceeding was directed said nothing OF any pnDc heri
this parade pHolnd; they SIMPLY paced on qHts
ton OF justice property 0wncTs. lie shod!d
Insist that the Park Department mad no nght
80 the interests o. private owners, hJt orly for Tue
public good and public necessity. II The property owners
were injured thcy,td ano.h.r remedy under the law
The property above High Bridge neal kngsbriGge
where little bay sets III. portion oi ~ vac low
ground partly covered with water. The hich land could
no; supply enough earth IL I'll III the part covered by
water and ~ make II available earth would have Ia De
bought Oil In the low land. II had been sad that tle
Legislature had repeatedly declined 10 repeal thus hiH II
was notorious, Ng Fitch said, TINT every time the
attempt was made the prUpcitl-owners had gone I"
Albany and stItnUouSly opposed any repeal Ills c'ini7
nov did propose wait until TIE Commissioners re-
port was ready be told then was too late. nnt al
once resist. far possible, The beginning Oh =
scheme 70 throw expense on the Taxpayer