New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-11-23

aration to remove the structure p said the

preparation to remove the structure " said the
reporter.
Not the sli rhtest / haven't even thought about
the subject or formed any plans" said Mr. Hain.
He then continued THAT structure was put
across the park 70 save line of noble trees, owe
seventy years old, that ran along the sidewalk
of the park If we remove our structure TO the
route marked out IN our Charter, tnVSe trees WIZ
For several years the Park Department has been
threatening to cancel fs "reyOcabe permit 20 the
New-YOrk Elevated Railway Company To cross the
Battery Park IL was October "a, 1879, shat Fark
Commissioner Wenman presented IesOiutioh ~
the revocation of the permit gwen feotuAly ~ ~
1876, to the railway company 10 extend us tIaCA,
across the Battery Park. The resolution was noe
passed then; but after seven months sinihDeI Na9
approved June 10 OF the present year lle sIon.u
for reyOklng the permit was that the railway T y
pany had cleaned cars the Battery fark
track. and also had neglected 10 train VlDes
around the unsghty IRON pillars, as nau
been promised. copy OF the resolution
revOkiDg the permit was sent 20 the railway COM
pany, and also q copy to Corporation Counsel Whit-
ney, with request tnat ne should appeal 20 me
courts Il the railway company at the expiration VI
six months did not remove the elevated structure
from the park. The SIX months Will expire Decein-
Corporation Counsel Whitney said 70 a TRIBUNE
reporter Yesterday IN reply to request
Tor information as .ho % r ms re eTu,Se
the tracks Ii they do't have shat structure down
by tho 10th Of December shall feel n my duty 10
begin proceedings H. the courts Tor its removal
according TO the request OF the Park Depar tmehl.
Bat for al thar 1t "A mean pro eedinz on tne par,
OF the city to Withdraw us permission Inc raLEodd
really DuT two tracks across the Park III me reques'
OF the Park Department IN order to save the trees.
never could see. and doubt il many other person,
could see that the railroad did 1t the least harm.
l. IT your opinion that the Park COMMISSIONERS
have the legal rghf to cancer tier permit aha com
pei the company 10 take down the structure T.
IL Is" said 5lr. Whitney; " think the farK
Department mas absolute control OF that properly
You have been reported as hlnung that the
Park Department did not have absolute control OF
that prUpfrtyV
hen have been wrongly reported; Tor think
the Park Department has complete coutTol. Oh
December I. 1870, sent IN opinion 90 the Depart
ment concerning rs rlglIJ 10 grant a permit, IN
winch said: This strip Of land IS owned Oy the
city absolutely, with all the power OF disposition
that private individual has over his property, ana
a the authority Of the city OYER the Battery re-
sides IN toe Park Department The agreemeu5 be-
tween the New-IOrk Elevated Railway Company
and the Park Dep irtmeut was drawn up by me- ana
was of very rigid character. don't see now the
company can avoid removing its tracks under that
PROMISE" -,
The winter arrangements of the trains of the ele
waited railways 90 fully me- effect to-day. lae
second Avenue Linz hereafter will not be run AFTER
1870 o. m. The trans will begin running on the
new schedule to-day. The Ninth Avenue VIII not
be run alter 5 p. u. This order was first followed
Yesterday