The New York herald., 1879-09-26
BATTERY PARK ENCR0ACHNENTS.

HAS THE NEW YORK 81 ROAD COMPANY For
FErrED ITS RIGHTS TO CROSS THE BAT
TERy?-THEIR APPLICATION TO ERECT BUILD
INGs THEREON.
The application Of the New York 81" Road Com
pany to the Park Commissioners for authority to
three buildings the tracks the Battery
Park is likely to meet with strong opposition from
residents and property owners in the neghborhood
of the Battery, we'll as from others who believe
in preserving all the breathing spots down town
from unnecessary desecraton. Many readers of
the HERALD will remember the excitement that was
caused at the time the company applied to tho Park
Department for authority to cross the Battery to
make their South ferry connections. So vigorous
was tho opposition that the Park Commissioners for
long time hesitate grant the required franchise
Finally, after various conferences, in which the
representatives OF The comany made many promises.
on February 1876 agreement was signed by Mr.
Courtright. the president of the company and H. G.
Stebbins, behalf of the Department of Parks.
giving the company a revokable right of way
the park. The agreement provides that if after
six months notice in writing by the Park
Department, OF "intention to revoke the right OF
way and license hereby granted. shall have been
served upon the said company, its SUCCESSORS
signs, and after such revocation shall have been
made this license aud all rights hereby conferred
shall cease and determine ana the company it's
cessors and ass gns shall no longer be authorized,
by virtue of this agreement, to such right OF
way structure under this license" The agree
ment further provides that the Park Department
may compe. the company to remove the structure
from the Battery. One clause provides that the
and engines shall not be allowed to stand 'renain
standing upon part OF that portion Of the road
which constructed the Battery"
On July 3. 1878. further agreement was signed
by James i. Wennan, representing the Park De-
partment, aud Cyrus w. Field. representing the
company. This agreement gives an extension Of
the revokabe rights conveyed by the instrument
dated February 10, 1876. Section 3 OF this latter
agreement provides that the company .shail forth
with cause all that iron and woodwork and struc-
upon the Battery to be painted, the sidewalks
disturbed by them to be relaid the grounds dis
turbed by them to be graded and planted and vines
to be planted and trained around the piers and
arches III such color, style. manner and materials
the department shall direct under it's superin-
tendence and to it's satisfaction"
WHAT ACTION WILL THE COMMISSIONERS TAKE?
1t is claimed by some that the company has vio-
lated the agreement and forfeited its rights by fail
ing plant trees and vines along the structure and
by permitting the cars to "stand or remain station
ary" upon any part of the structure. 1t not i'm
probable that an effort may be made by some per-
interested to test the further rights of the
pany to cross the battery. on the ground that by
Noncompliance with the stipulationA granted the
company has forfeited all right OF way, and it is
clearly ill the power OF the Park Department to
woke the licenses. The matter Of granting permis-
sion to erect the building the Battery will not it
is thought. be passed upon until there is q full
meeting of the Board. three affirmative votes are
necessary. 1t is said that Messrs. Weuman and Con-
over oppose the proposition and that Mr. Lane
known he il absent from the city.
HERALD reporter yesterday afternoon visited tho
Battery Park and made thorough examination of
the route through which the road passes. In no
particular could he discover that the company had
planted tree. vine or shrub, looking to the
preservation OF the artistic effect OF the Park. He
found that the clause of the agreement which pro.
bibited the company from making depot Of tho
Battery clearly violated. At a quarter past
three p. M. twentytour cars We're standing
over the Park. One or the Park police
officers volunteered the information that the
officers duty there have orders to daily
ports OF the number Of cars stored on the Battery
during their tours of duty About eighteen cars are
LETT standing there between the morning and even
ing Ave cent fare hours, he sad and he had been in
formed that the Park regularly used as d depot
for at night. II the statement of the off,
be true the Commissioners certainly not
ignorant of the fact that the Battery PARK. except
during the morning and evening rush or travel is
really downtown depot for the storing Of extra