The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-08-24
THE MILITARY PARADE GROUND.

PROTEST OF THE COUNCIL OF POLITICAL RE-
FoRM-ANoTHER MANIFESTO IN THE DIS
PUrE OF Mr.. GREEN AND MR. MARTIN.
The following letter yesterday sent to the Mayor
by member OF the Law Committee OF the Council Of
Political Reform. The communication explains It,
SELF
To the Hon. wLLIAx II. wIcKHAM, Mayor, &c. =
SrR-As q member of the Law Committee OF the
Council of Political Reform has recently become my
duty TO examine the subject of the proposed Military
Parade Ground In that connection my attention has
boon called TO the letter OF President Martin addressed
1t Is plausible but clear attempt evade the real
Issues raised by the Comptroller's letter, which II
assumes answer and divert attention from actual
facts by denying what has not been asserted Regard
ing the Commissioners interest in the proposed parade
ground he says that he 'never owned any land in the
Military Parade Ground nor within five miles Of H."
II was not charged that he did own any such land
Why deny statement not made either directly or IN
directly!
He was counsel for those who did own such lauds
and with great zeal anu untrne persisency advocated
what he then declared and stil asserts to DO their
right to have the proceedings for acquiring title to the
parade ground completed. He says that he had I'M
questionable right as lawyer to perform this probes
sional duty. Before he became Commissioner he un-
doubleday had that right and do not understand
that II has ever been questioned. But It
right ceased exist Tor the very plain that the
duty OF counsel fer the property and the duty
OF commissioner are necessarily inconsistent and liable
TO be antagonstic.
The real question raised and in which the public has
an interest, whether having thus formed and advo.
Gated most decided opinions upon this eubject, aud
having become profoundly Interested Tor his clients,
whose claims are adverse TO the city in this matter he
is tit and proper person to exercise tho discretion
which the statute originally conferred upon the Com
mssioners OF Parks.
The zeal and socitude which the Commissioner now
shows Tor the property owners and which shines out
very conspicuously IN hls letter. more than usties the
suspicion that he has forgotten tho mpor fact that
he has no longer right to be their counsellor and
Commissioners
TOR the shadowy and doubtful claims OF the owners Of
property in and around the proposed parade ground
who will guard and protect the more important aud
certain rights OF the citizens and taxpayers who foot
tho b,llsY Unfortunately for Commissioner Martin. his
previous connection with this subject his Official action
relating to It and tho tone and substance OF his letter
nll tend TO the conclusion that in his the Of
the advocate has swallowed and devoured the judg
mcnt oil the commissioner and all sense OF official re-
sponsibity. Surely the policy and letter OF tho law
which exclude advocates from acting judiciay in any
matter IN which they have been engaged counsel
fully justified
II Is for the city that tho same provi-
sions OF the statute do not Apply to the Park Comis
In his zeal for the property he CON-
ms several very grave errors which, in n lawyer
familiar with the subject he is are objectionable
He says when he became Commissioner 1.-THE ques-
ton was whether the proceedings should DO discon-
tinued" whereas the proceedings had been discon-
tinued by resolution OF the Board OF Park Commas
sioners passed tho 10th OF January, 1874 and TINS
action OF the Park Commissioners had been pronounced
valid by tho Supreme Court at Special and General
Term, William Martin appearing counsel Tor tho
property owners I'D Huns REPORTS 374l On appeal to
subsequently affirmed without dissent 100 New
York Reports, &c.,
In constituting and applying the statute relating this
subject the Court OF Appeals says, ''Ttle to be
acquired whenever tho Commissioners should
deem it for the public interest TO do SO. within two
years from the fling OF the map" again, "unless
this power exercised within TWO years 1t was at
end"
Notwithstanding these decisions Commissioner Mar.
tin has since his advent to Office been engaged
persistent efforts 10 initiate new proceedings and carry
them through TO completion The application now be-
fore the Court Is made IN such attc pied proceed
ings instituted than two years alter the fling of
the map. and one OF the vital questions to be consd
cred by the Court will BIO whether such new proceed
lDgs are valid
Again, the Commissioner says that 'thc' land has
been condemned to the public use The Court of APP
peals says-'Ihe discontinuance OF the proceedings
renders the (chaper 62S Laws OF 1871 of no effect
and the owners restored thereby to the posi-
ton which they originally had"
Counsellor Martin tried 10 convince the Court that
the land had been condemned to public USE but failed
utterly. Commissioner Martin now coniradicts the
Court and strives to override II, all in tho
interest OF the property owners. The public
would like to know who are his con,
or had the power to reverse our action from the be-
ginning and TO recall the map different would DO
Com misscners did on the 10th day Of January 1874
their action from the beginning ana the Court
of Appeals decided such reversal legal and etlectual
Whether the map be recalled or not Is OF no conse-
quence After the discontinuance OF all proceedings
II became vod and OF no effect, and IN no manner
degree impaired the title OF tho The decision
OF the Court OF Appeals concusvcly sustained this
statement
Again tho Commissioner says 'the law made it our
duty to 60 forward, and we had no other course"
There nothing mandatory in the law Of 1871. II
IL simply an enabling act giving power to locate lay
out and acquire title TO land for parade ground.
II the Commissioners, In the exercise OF sound dis
erection, deemed IL necessary and for the public good
they given power to proceed but II they did not
deem such parade ground necessary required by the
public interest, they could omit to proceed without any
violation OF duty.
This the plain intent ofhe statute and It admits OF
other construction. Again he says:-"lt Is true
that the Legislature has more than once refused 10
certain applications to repeal this law or change tho
site.
The Commissioner should have stated that such re-
fusal was gwen in every instance at the earnest re-
quest OF these same property owners whose cause no
zealously Pleads who are now SO anxious TO be de-
spoiled Of their property that whenever 1t was pro-
posed to repeal this law they rushed TO Albany, sngly
and in squads oppose in person and by counsel such
repeal IL. ns the commissioner alleges, these owners
"were placed In position Of injury and injustice, "
they had only to remain quiet and to allow the act to
DO repealed, and they would have been speedily
heved IRON any supposed burdens imposed upon
them by the statute or any action taken
under It. the fling OF the map included That was just
what they did not desire On the contrary, they
and rcsolutcy fighting TO compel the city TO take
the land and pay for IT, William X Martin, in aud out
Of ONCE, has done all that lay his power TO aid them
In accom- plishpg this result He knows where his in
terest lies and whether he Is njurng promoting II.
The whole scheme Is bold attempt to compel the city
to purchase at large expense property which II does
need and has tor and which II Is IN
dtion financially TO pay Tor or improve or care for
when purchased. Even Commissioner Martin its
most strenuous defender can urge public necessity
in its support, but is compelled to fall back
upon the pretended rights Of the property owncrs
which have existence in law or fact. He may very
well entertain all the solicitrde about public opinion
on this subject which his letter exhibits Very re.
spectiully, EDWARD FITCH
THE SEA CLIFF SCANDAL.