New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-17
THAT JOCKEY CLUB FENCE.
SUPERINTENDENT PARSONS AND IN
SPECTOR CONOVER ARRESTED.
A CLASH OF OPINIONS BETWEEN JUDGE BART.

A CLASH OF OPINIONS BETWEEN JUDGE BAkI-
LETT AND THE CORPORATION COUNSEL.
Samuel Parsons IT,. superintendent Of all the city
parks. and Samuel Conover, general inspector III
charge Of the parks, were arrested yesterday
afternoon while proceeding TO tear down the New
York Jockey Club fence at the Morris racecourse'
constable escorted them to the Westchester lookup
where after short detention they gave BAH III ITO
sum of $3.50 each and were released. Thereby hangs
a tale in four chapters.
CHAPTER l.
Law Department, Ofce of the Counsel to the
Corporation, Aug. Is! 1s59. -.
Waldo Hutchlns, president Department Oh fuDi''
Sir: I beg to advise you that have obtained from
the Hon George /. Ingraham an injunction IN az
action which l have begun in the supreme CVt,
wherein the Mayor, Aldermen and Commonaly OF inc
City Of New-YOrk are plaintiffs and John A. M9 H,6
and the New-York Jockey Club defendants, Whicn
Injunction restraints the said defendants nom l9rIe
trespassng upon and enclosing with fence anu r's
ulating and dwelling, for the purpose Of race track
or In any way whatever entering upon inal poI."i
the Bronx and Pelham Parkway which John A. MOTIF,
OF the New York Jockey Cub has enclosed ana maui
part Of new course The injunction iuItner
restraints the said defendants from institutng prose
cutting, maintaining any veAatous lnJulr,uon 70
ootb Instant before Iudge Ingraham IN the supreme
Court. Chambers. and until thai time it Is proNueu
that said Injunction shau be IN iull force. 49,, ,.r
made Inv tbe Hon Isaac & Mills on the 18th instant
I'm an action pending I'm the supreme Court o. Nc11t
cbcster Coinfy wherein John \. Morris and the
Aldermen and CommonaIty OF the city Of New lork
.r ISlil,,ia,te A. i'm ms ind rmentI void, for the
without jurisdiction 10 make such an o'ue.. lUr
are therefor M liberty 10 take such steps as 10 s
DEPARTMENT seems proper "a remove the ODsiu't "t'
which John A. Morris, or the NewYork Jockey CLUB,
has placed upp that portion OF me lah1 uluea S0''
contIol known as the Bronx and Pelham fark"ai.
II IS not necessary that you should await me uct'
mnation Of the motion which has been m1ao 10 70, d
Injunction order is not punishable - contempt I.uIo
eX rel Roosevelt vs. Edson, o. Nc"-ioiA SuP'o"'
The Moe matter IS now with your department
and sou can take such action win IeEdln 80 r.
removal Of The fence which has caused this cOhV''''
As Won deem proper.
WILLIAM II. CLARK, Counsel TO the Corporation
CHAPTER II.
The oity's motion 10 vacate the Injunction gran'eI "
Judge MINIS relative TO the NevYork Jockey club Fence
was retirnable Yesterday morning before Judge Bartlett
in Broolvn Thomas p Wlokcs assistant 10 the Colnse
10 the Corporaton appeared for the motion, ana OPP
po,ed 10 him were Noah Davis. General Roger ~ Pryor.
Henry O. Henderson, Thomas ;. Moore, ~ b. CNlh-
shank and Charles T.. COddngton. When the mo''on
was called the plaintiffs presented preliminary oD-
lection to the effect that the case was no" properly
pending before Judge Mus, Of Westchesier county
and that. therefore. Judge Bartlett should decline
Judge Bartlett announced hat upon re-
necrOn and in Wow Of the ineA Ifcams ,nd
fusion into which il was plain the litigation VonIn
faI in case he should proceed, he Woua Oh M IVA
motion adjourn the argument untli MONDAY htAL az 49,
piafnfin's motion for a continuance Of Judge Mis-
injunction before Judge Nils himself. Judge Mili,
Plains TO-DAY requiring the city 10 show cause why
ne preliminary injunction which ne granted On 'io
10Th inst should nor De continued.
Mr. Wlckas expressed himself a. extremely dl'aP
pointed az this disposition Of the matter SAVING ihat
tat tbe uero not entitled 10 the slightest cons d"r
ion nom am court especially from Court of Equity
Wrbos-s client wa. Absolutely without merit and that
he proposed 10 convince Mr. Wickes himself OF that
before the litigation was over.
CHAPTER III.
CORPORATION Counsel Clark called on Mayor Grant
Immediately after Judge Barlett's decision and the
Mayor was exceedingly angry at the condition OF
affairs. .,-..., ~.
Notwithstanding the judges decision, Messrs.
Parsons and Conover armed with Mr.. clarks opinion,
proceeded TO the rcecolrse TO remove The fence.
Their action seemed I'm contempt Of court. Lawyer
Coddu.ton set out from Brooklyn in hot pursuit and
arrived at the track in the nick Of Ulme.
The arrests followed. The fence remains
Mt. Henderson said TO a reporter:
This litigation simply means a fight between the
American Jockey CLUB aud the .cw-York Jockey Club.
John \. Morris, the president OF the New-YorA
Jockey llIb has succeeded 10 making the Eclipse
week. one of the greatest events in the annals Of rae
Ing. line stalks ior th, winner VIII exceed 100000
aI1 The best tWo-ycu-ohs ~ the country have been
To- prevent that race and have succeeded in getting
Mayor Grant 20 institute INF, suit.
d" We want the PARKWAY, opcn, but also want 10
run this race of. Nov, If wr ar. pushed. Will
q e-tou tine validity of The title OF New York 10 the
property. IL purchased from Luther H. Ma n,
Tie friend OF Nine. bss beDar and our nest onius NE
city t, viii raise the question OF his sanity. do
not believe there g. Iud-. 100 NeW-lOrk who VII NOT
decide that MasI Is Insane ID that dccS ON Will aiicc
fLc 1iNpuDUO w1itu 81 property. Unless
these proceeding are stopped at whole question will
be gone into 10y Us"
The argument before judge Nils comes up this morn
Ing.