The New York herald., 1878-12-20
RAPID TRANSIT ATTACKED.
Alderman Reilly's Resolution in Refer
ence to the Battery Park.
IMPORTANT LAW POINTS RAISED.
The New York Elevated Railroad Company
Appeals to Mayor Ety.

amble and resolution were introduced by MT Bryan
Reilly, and adopted. alleging that the New York Ele-
waited Railroad Company had. without warrant or
authority Of law changed the route OF its road, and
in so doing has encroaehed upon the Battery Park.
in clear violation of the regulations prescribed by the
Rapid Transit Commissioners" The Park Commits
sioners directed to revoke the permission given
portion OF the Battery Park, and the Corpora
ton Counsel was directed to take such legal pro-
ceedngs against the New York Elevated Railroad Com
pany as may be necessary to compel them to con-
stfuct their road on the route designated.
At two o'clock yesterday afternoon a delegation
from the New York Elevated Railroad Company.
headed by their counsel, Mr.. David Dudley Field,
entered Mayor Elys office for the purpose of arguing
with that official against the propriety of signing
such a resolution. This delegation consisted OF G..
W Field. H. W. Bishop. T. Brewster j. NJ. Fiske and
Charles j. Canda. Alderman Bryan Reilly the author
of the resolution also present.
Mr. Field spoke on behalf of the company. He
presented the following points and remonstrance:---
The resolution beyond the power Of the the COnmon c
Council possess By lay M 'he power and authority hereto
in the city, II the Aldermen have the power to say whom
shall of the parks they have the
power TO say whom the conmssioners shall put IN
Aldermen instead Of the Commissioners whom the Legs
@ for % ms 10 s9 @ ed
Of usnrpaiion and its approval by the Mayor
Of the Parks to do What the
have no right 70 do They sannot evss the given
notice has been given.
rnE aourE Lam Down BY THE PARK COMMISSIONERS
The line designated for which the Park Commissioners
ons % % and
Whitehall street to and connecting with the South Jerry
the intersection State street aud whitehall street
being in doubt as to the particular location Of the line in
tended for connection with these ferries requested the
location will admit Of trains beng run with safety at
moderate speed together w,I9 & oop ns OF sans o
resolution as follows
conferred upon by chapter 6c6 Laws Of 1875 do
New York Elevated Railroad an elevated railway
and at the time said law enacted in actnal opera
depots thereof and with steam ferries as follows -
place to- Battery place edge Of the
Battery thcnceover and the Of the Battery
60 point nearly opposite Bridge street thence over and
along line the edge of the Battery and State street to
across the OF the Battery the
Staten Island ferry and other steam ferries thence
and along the edge of the Battery and and
whitehall the intersection Of Whitehall and Front
thence and along Front street and elsewhere
heretofore the I'd day Of September, 1875,
and also from Front street oyer and the
corner o the Battery again TO niersect the route above
fixed aud determined connecting by siding, the portion
point above described nearly eauidisant
from Pearl and Front streets The said route hereby
herse annexed and iaene y the sFnaarss q the se
said map made Provided however, .at III Location Of
tile hAcd determined II subject such
variation be hy the authorities OF the city Of
New York required 10 be made by the company to
sstent with an adherence 10 the route substan4y as
herein above described and as shown upon said map
ARGUMENT THE RAILROAD LAWYER.
The line thus designated is the line for which the
Park Commissioners gave the license in question,
varied only under the reservation contained in the
last proviso. The directors of the company do not
think that the line allowed by the Rapid Transit
Commissioners and confirmed by the Park Commits
sioners will dsfgure the Park They intend TO do
a in their power to prevent it. but they are so
pressed to open communication with the upper part
of the island that they could not hitherto do more
in the way of establishment than they have done.
r. however there were 20 be little less beauty in
little of the Battery, which is enjoyed by
few hundreds daily, that disadvantage would be
overcome by the convenience afforded to thousands
moving from one end of the island to the other.
This company carried more than "a 900 passengers
saturday last Their easy guide and safe passage
through Manhattan Island was of more consequence
than the enjoyment of few loungcrs neglected
benches upon a narrow strip along the western end
of the Battery, if the structure which the CON-
pany is placing there would in fact interfere with
that enjoyment But there is not aud is likely to
be any such interference. 1t has not been thought
by the Aldermen to be a desecraton of the Battery
that emigrant depot of large extent should be
maintained there for the convenience of emigrants
numbering each year at the highest a few hundred
Thousand Much less of desecraton IL it surely TO
allow few feet side to be used for the con-
yenience and safety OF more millions of our own citi-
than there are hundreds of thousands of cni-
grants.
Mr.. Field then proceeded to show the insurInount-
able obstacles that existed in building road down
State street and not ON the Battery.
ALDERMAN REILLY OPPOSES FIELD.
During the delivery Of Mr. Fields remarks Alder
man Reilly who sat within few feet of the dtin-
guished lawyer shook his head several times ia
negative demonstration against the verscity of that
II don't know who the gentleman is that shakes
his head. said Mr.. Field. ''or what connection ho
has with this subject but this win say there is mo-
Alderman knows ANYTHING about the af
road any more than he does about Kamtchatka."
:, When the argument was concluded Alderman
other side would have opportunity of being
heard. Mayor Ely did not appear to understand the
Question as ne was conversing with other gen
tlemen at the time. Mr.. Field stood beside the ex-
ecutiye.
Il viii talk TO the Mayor privately about this" re-
marked Mr.. Reilly.
1--WE must have everything public about the mat
ter-no private talk, said Mr.. Field.
Alderman Reilly-Reprcsentatives Of this COM
pany have been lobbying around the City Hall for
several days. One of them wanted TO know what
could be done for me. 1 told him nothing.
air. Field-I wonder how many applications the
gentleman has made for positions in the company.
Alderman Reilly-I believe only one. / will ven-
ture 70 say that II part Of the Battery is given away
to this company they viii have the whole OF IL be-
fore many years are over. II is ridiculous to say
that only 300 people may be found in the Battery
during the whole day at this season of the year /
and my family 60 there nearly every day in the week
Mr.. field-What district do you represent, sirg
Alderman Reilly with earnestnessl-I represent
the district in which the Battery is located, and
consider an outrage to give away this corpora
ton. think have perfect right to express my
opposition 70 such a scheme, even private cit
zen. The gentleman states that the Common Council
nave no authority over such matters. la 1877 we
passed resolution relative To the location OF
armory IN one II the parks Of this city.
Mr. ficld-f what the Aldermen have done il
PROOF Of what the law is. then the Lord defend u.s.
Alderman keilly-H the Common Council have no
authority over this matter what is the Of your
coming here 70 oppose the resolutiong
Mr. Field-Because the resolution is directed
against my clients. l would protect them in this
case on the same principles that would protect one
OF my friends against the attack OF set OF pothouse
politicians II IL we're In my power to do so The
speaker ther went on % state that the Alderman was
Incorrect in all tho pouts, aud concluded by reit-
Grating some Of the arguments already placed before
the Mayor.
Alderman Reilly-What do you mean by pot.house
politiciansf T.
The outlook here began to look somewhat squally,
when Mayor Ely. with bland smile directed toward
the irate Alderman, whispered, "Centlomen don
see what al this has got 20 do with the matter The
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