The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-19
BATTERY PARK IN DANGER.
ONE OF THE CITY'S GREENS SPOILED
BY AN ELEV1 TED RAILROAD.

TryluR to Make the Grant OF Htght OF
way over the Bnttery Park IrrevocabIe.
The Rapid Transit Commission appointed |
by Mayor Wckham under chapter COG OF tho |
laws OF 1875 reported 10 the Board Of Aldermen |
the routes that its five members had agreed |
upon for the use OF the elevated railroad COM
panlos. Their report. which was confirmed by
the Board prescribed that tho now route OF tho |
Now York Elevated Railroad should begin at
the southern terminus Of the then existing line.
n, the intersection Of Greenwich street and Bat
terry place. and thence proceed Ito. over. and
across Battery place to the edge 81 the Battery
and State street. thence over. through. and
along the edge Of the Battery and Stnte st. Dot to
whitehall street; thence over. through and
along Whitehall street 10 and connecting with
tho South Ferry. Hamilton Avenue Ferry and
Staten Island Ferry" Instead OF following tho
route thus prescribed the New York Elevated
Railroad Company built n line across Battery
place directly in front OF Greenwich street, and
then applied TO the Board OF the Department OF
Public Parks for permission to build across tho
Battery to Whitehall street. This application
was granted in an agreement made between the
department and the company Feb. IS. 1876.
Many residents OF the First Ward. when they
saw the company cutting down largo and hand
some trees in the park and sinking foundations
for iron pillars at points fifty and one hundred
feet from the edge OF the park. raised tho ques-
ton by what authority OF law the Park Commits
sioners had been enabled 10 grant tho company
that privilege. Their duties rs laid down in tho
city charter are solely the care and maintenance
Of the public parks The argument used was
that II the Park Commissioners have the right
at the Battery to change the route Of the rail
way would they not have the same right to give
the privilege to cross the Central Park?
xvna nplafnpd TINT tho PARK Gamma.
soners and tho railroad company did not stop
there. On July 8. 1878, another license was
granted in the form OF an agreement to the
company. This was to use the southern part Of
the Battery as a convenient turnout extending
from the main tracks down into the Whitehall
slip. terminating at the South Ferry. The sixth
article In this agreement reads as follows:
That the company. its SUCCESSORS or assigns.
shall not allow the cars or engines to be kept
Standing or to remain stationary. upon any
part OF that portion Of the road which is to he
constructed over or on tho Battery. under or by
authority OF the license hereby granted Resi-
dents Of the ward complain that from the time
the license was granted until the present. cars
and engines have been kept standing on the
track from one end OF the Battery to the other.
ami that the cars are washed and cleaned over
the grass plots and walks.
The Introduction 10 the agreement reads as
follows:
This memorandum Of agreement by and between the
Mayor, Aldermen. and Commonalty 81 the city of New
the he sputcl and
in- by the Department Of Public Parks, &c.
BY way Of showing how far the Park Com
missioners represented the Mayor. Aldermen.
and Commonalty. those who are now rallying
10 save the park quote q resolution adopted by
the Board OF Alderman Dec. II. 1878. which is
as follows:
has. without warrant or authority Of law CHANGED he
route Of is road and IN doing has encroachcd upon
presented by the Rapid Transit Commm .sioners and
,he combination thereof by the Common Council, sept
Wasrrl.. The Department Of Public Parks. by rcyo
dated july O. ISIS inaiyercnty no dol6t and without
ne prescribed route Of ihc .ad road aid and
said eampanS Who are now IN sda" ~ is oeenson
BY the track OF the company constructing depot there
snutlcd to the free and exclusive OF hi the only
kthsre(ore ~ '''' p4'' " "s wy W
R,.,ei That the Departmentof Public Parks be and is
York Elevated Railroad cemnany. given BY reyoes6ic
BasTy PsrS H ef SS structure Of the said g r sf
R.Sei That The Counsel to the Corporation he and he
hherehy authorized aud directed tomke 50 many and
waited Railroad company as MAYBE necessary to compel
@ 11 f2G Rama M oi S and 50sS
b. the Common C9un1, SEPT g. l.5S ana - restore me
road company
Again. on Dec. "a. 1873. the Board OF Alder
that the Department Of Parks had ,,exceeded
their powers in granting the New York Ele-
occupy. and destroy a part Of the battery. and
empowered the Commissioners OF the Sinking
Fund to apply for an Injunction to stop said
railroad company from their present occupa-
ton Of any part Of the Battery. and from any
further infringement on the property OF the
While the residents Of the ward were thus
making a fight 10 have the road removed from
over the paths and grass plots Of the park 10 It's
edge, bill was Introduced into the Assembly
by Mr. sharpe; II was very short and ~ pur.
pose was clearly expressed in its title. " An act
10 prevent the further grant Of power 10 Gle
waited railroad compnniesto occupy The streets
IN the city Of New York south Of the City Hall
The bill was sent, not to the Railroad
Committee, but TO the Committee on Cities.
When, it was reported TO the Assembly an
Amendment was openly made. by Assembly
built on second avenue south OF Twenty third
It was passed with IS yeas and no dissenting
voice. II was then sent TO the Senate. and here.
contrary to custom. instead OF being sent 10 the
Senate Committee. corresponding TO tho. As
semby Committee which had considered II. II
the Railroad Committee. When 1t was reported
IN the Senate on Friday last, senator Murphy
offered "A resolution that it be taken out Of its
cussed In Committee OF the Whole and that II
be put upon third reading. or in other
words that il should be passed. Senator jacobs
objected 10 its being taken out Of its order.
b. referred To- the drst Committee II the Whole
not fun. Senator Jacobs again objected. Scna-
tor Murphy moved to suspend the rules. and
made, speech from which several Senators
WAS prohibition Of the use by elevated
railroads OF any Of the streets not now used
south OF the CITY Hall. Upon that by a vote OF
II TO 7. senator Murphy's motion prevailed.
In the mean time Senator Hogan had discov-
cred that the hill as II came from the House
had been amended in n way which, he believed
would leealize the alleged illegal grant Of the
PARK Commissioners. OF n revOcahle right OF
way over the Battery Park. and mako It ire.
v0cable. In the following copy Of the body OF
the bill rs IL came from the Assembly. the
amendments. except that OF Mr.. Fish. are put In
parentheses.
SECTION It shah not be lawful to grant use or o.
cuy, Tor the purposes OF elevated railroad street
OR public place. or any portion thereof In the city Of
New York south ~ line drawn eAstery and westerl
across the city at tie south line of the city Hall Sec
Wr public place. such poruOm Il now occupied. or
used m whole or In part by elevated rhroad un
r-. the right 10 ana occupy the has been
heretofore granted By competent authority o. elevated
railroad company now operating railroad IN said CITY
cueh occupanun use AMI right being hereby recognized
aud estnllshcdl
sEc TIL, act shall take enact Immediately
In the Senate. the following amendment:
Nothing herrlng contained shall bee construed to affect
right that exist 10 cross at elevation
street which crosses the city cAsery and westerly
Or a. take away the night % run upon Church street
Senator Hogan called tho attention Of the
Senate 10 the amendments, and moved 20 re-
commit the bill TO the Committee on Railroads.
NJ.