The New York herald., 1879-09-27
BATTERY PARK.

HOW THE 81" COMPANY Is ENcEoAcHINo ON
1.-THE RIGHTS OF THE PUBLIC DIsRE-
aARpEp-v1Ews OF THREE PARK COMMITS
sIoNERs.
The question of the rights Of the New York
Elevated Railway Company to occupy certain parts
of the Battery Park for their tracks. and the erec-
tion upon the latter of houses. exclusively re-
ferred to in the HERALD of yesterday in which
synopsis OF the various clauses of the different
licenses was given. While it is pretty certain
that the Commissioners of Public Parks. as
at present constituted. will not grant the latest APP
plicaton for privileges to the company, the graver
question. whether the company cannot be COM
PEELED to their present structure the Bat
terry, seemed to excitement in certain circles
yesterday. With view of learning the position OF
the Park Commissioners the question
reporter of the HERALD yesterday called at
the Department of Parks President Wen
man stated that. in his opinion, the
Park Commissioners merely trustees of the city
property known the parks, that they have no
power to divert any portion of it to any purposes
other than that for which it was originally intended
He explained that the agreement of 1878. signed by
him as president OF the Commission. in which what
is known as the "Y'' sites upon the Battery
ceded to the company, was opposed by him, and
that he signed the instrument under protest. He
To rns BOARD OF CoMMssiosEas:I beg leave report
that in obedience to the OF tho Board signed
Pny on Sns n % oy ~nen h an Inor pvr"n ?" 'he
signed under protest believing that tho action OF the
00a'u ""' 'esA' '''pe'''''F j, F. wENMAN.
President Department Public Parks.
Mr.. Wenman further explained that when this
protest presented to the Board some OF his asso
cates charged that act of discourtesy, and
in the interest of harmony he withdrew it. Mr..
Wenman expressed the belief that the Park Commits
agreements. and that If any taxpayer instituted pro-
ceedings looking to the removal of the structure
across the park 1t would have to come down.
Relative to the knowledge of the Commissioners
to the frequent violations by the company OF the
terms Of the licenses Mr.. Wenman said that some
Commissioner Lane; that the Board had frequently
called upon that gentleman for " report; that he
verbally reported progress. and that no action had
been taken by the Board, which is awaiting prom
ised report from Mr.. Lane.
OPPOSED ENCRoACHMENTs.
Later Commissioner Corover was questioned upon
the points. His recolections of the action Of
the Commission in the main confirmed the views
expressed by the President. The whole matter, he
explained had been referred to Commissioner Lane,
who had from time to time reported progress.
tion that the Elevated Halfway Company
violated certain clauses of its contract with the
department for right of way, and that the Commls-
had full power to remove the entire struc-
| ture on six months notice to the company.
| Com missioner Lane was found at his office, and
after explaining to that gentleman the objections
raised against any further encroachments upon the
Park by the "L' corporation, the following state
| ment was made by that gentleman:-
| "Ail last winter" said Mr.. Lane. ''the company
were tearing up the Battery Bark and building their
| ~ AS the work was completed, early in
| the spring, called upon them TO carry out the
terms OF the two licenses. Tho following things
asked them to do:-
peto order the Schillinger pavement wherever they
had broken it. They have complied i'll that particular
aud IL is i'll good order at tile present time.
"Sec0nd-Ihey have replaced with sod all portions
| OF the park that they had injured
"1hird-They have removed the old platform and
station the Junction OF Whitehall street and the
mail track
"F0Mtt-The plan OF decoration of the whole
structure is under advisement and plans for
mental decoration and painting, so as to make it
attractive structure, Icing prepared by the
| architects. 1t will cost to do this work from
$4,000 to $1500O0, which the company to pay.
"EitM-rhe very moment the structure was
completed and cars running notified the company
that they must no longer use the Battery tor the
storage or cleaning Of cars or for the cleaning or
| oiling OF engines. Their answer was:-'Our build
igs FOR storage of cars have not been erected and
must have extra cars stored there over night to
| run them out in the morning gave them no such
permission From tho 23d Of July. 1879. have had
reports made twice day covering the hours from
| Seven A. NJ. to four =. NJ. and from four p. NJ to
midnight OF the number OF left stored the
| Park. officers of the company requested time until
| they could erect their buildings declined to give
them any time. on the ground that it was my duty
to enforce the terms OF the licenses and they mus
| at once store elsewhere.
During further conversation Mr.. Iane expressed
| the opinion that the Park commissioners nad the
| right to revoke the licenses six months notice
| even II all the terms Of the same had been
| complied with by the company. He stated
| that all the conferences he had had with
| the company were In writing, and all directed
| the strict enforcement of the various clauses
of the two Licenses. As OIL evidence that he had
been dereict Mr.. Lane exhibited to the reporter
immense roll OF reports made TO the department by
the police OF the number of stored the Bat
| terry Park IL" depot.