New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-07-15
THE POLO GROUNDS DOOMED
A DECISION BY JUDGE NGRAHAM.

THE ALDERMEN NEVER HAD THE POWER TO
ALLOW THE THE FENcING-IN OF THE PLOT
Tho Polo Grounds go, unless the decision rem
dcrcd BY Justice Ingraham IN the supreme Court.
Chambers. yesterday. Is reversed Tho Judge denied
the motion TO make permanent the injunction obtained
by the Metropolitan Exhibition Company. restraining
General Newton. Commissioner OF Public Works from
orenlrg Onehurdred and-ceventhst. through tho
grounds. or interfering In any with the Enclosure.
In a long opinion he says:
one hundredand cieyenthst, between Fifth and Sixth
ayes, was duly laid upon map City Of New
york. He'd on the 22d day OF March, 1911. and prior
the year 1850 proceedings duly taken under tho
act OF 1913 to acquire the fee the by the Mayor
Aldermen end commonalty OF the City Of New York;
and on the LIST day Of November 1862 the report Of
the Commissioners Of Estimate and Assessment ap-
pointed In that proceeding duly confirmed BY
order Of the supreme Court by section 17s OF tho
act OF 1913 In force at the time OF proceedings,
was provided that upon the confirmation Of the re.
Port OF the Commissioners OF Estimate and Assessment
the Mayor, Aldermen and commonalty Of the City of
NewNofk shall become and be fec Of al tho
said lands, tenements, hereditaments and prem
lsen IN sail report mentioned, that shall
purpose Of opening the said public be opened
the same to be appropriated and used and pur
poses accordingly and heeupon the said Mayor Alder
men and comronay or any person acting under
their authority. may Immediately any time or times
thereafter take possession OF the same any part or
thereof without suit proceeding at law for
that purpose in trust, nevertheless that the same be
appropriated and kept open for, or part OF. public
street, square place. forever like
the public streets and places tho
CITY Of NewYork and Of right ought 70 be, and that
provision reenactei Section $50 Of the Consolida
ton Act.
Upon the confirmation Of that report. the fee One
hundred between Fifth and Sixth ayes
vested in the Mayor Aldermen and commonalty Of the
City Of York, and the said strip became part Of tho
public forever By subdivision Of Section Sc OF
f4af q IT..
ell shall have power TO authorize the placing
tnulng Of any eneroachments obstruc-
lions upon any street sidewalk. except
temporary occupation during the erection or
repairing Of building upon lot opposite the sane"
No power existed IN the Common Council any munich
pal officers to authorize street. the fee Of which be-
came vested IN the corporation. 70 be closed and tho
resolution OF Common Council passed May o5 $780,
dat authorized the Manhattan Polo Club and
occupy the land belonging to the city including One
hundrcdand ecvent-st, between Fifth and Sixth aveS
in violation Of the express provisions Of the statute
and void BY subdivision OF section 3l6 OF
Consolidation 10 IS provided that the Department
OF Public Works shall have cognzance and control Of
paving and keeping the clear OF obstruction
BY subdivision Of section 81, IL is provided that
there shall be Bureau for the Removal Of Membranes
upon the sidewalks the chief officer Of which
shall called the Superintendent OF Membranes and
by whom such membranes shall be removed and BY
section 1874 Of the act # is provided that IL shall
DE the duty Of the Commissioners Of Public Works TO
remove all distractions existing or which may here
be placed upon any sidewalk.
Upon confirmation Of the report Of the Com
mlssioners Of Estimate and Assessment, November
/, 1860, One hundred. and eleyenthst became ono
Of the OF the City OF Nc"York No resolution OF
Common Council necessary give the people the
right Of the land FOR public street. AMI tho
before IL could be used FOR all the purposes OF
street. regulating and grading under the control OF
the Common Council. gave authority TO the Common
Council the municipal corporation TO authorize private
Individual incoe the that It could not be used
By the public FOR any purpose; ana when any private
individual Appropriated the to his use, by In
closing substantial inclosure II became the duty
Of the Commissioner Public Works It that such
removed and the restored TO the pur
poses for which the fee had been acquired.
Il now appears Plaintiffs their predecessors
interest years past Appropriated and used this
street in direct violation Of law, and that the Com
missioner Public Works is about to perform his duty
would be plain disregard Of the law for coart ID
restrain him from removing the obstruction The decision
TIE Appeals I'm the Elevated Railroad cases
tend in any w2y support the plaintiffs claim
The held h1, the Legislature had to
appropriate the in the City OF New-York for
private purposes against the consent Of tbs abutting
owner Nothing said IA any Of these could be con.
strued as holding either the abung the
municipal authorities had power close the streets AMI
appropriate them private II is not necessary for
the purposes OF this motion determine whether the
street question under the control Of the Departments
Of Parks or the Department Of Public Works The mo-
lion for an Injunction must &c denied with $40 costs