New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-22
PUBLIC OPINION DOES COUNT
TAMMANY READY TO BACK DOWN ON The
PARK RAOE-TRACK SCHEME.
MAYOR GRANT DEFERs THE APPROPRIATION

MAYOR GRANT DEFERs THE APPROPRIATION
LAWYERS SMASH SOME HOLLOW ARGUMENTS.
Popular Indignation against the dissertation OF
Central Park by the Introduction Of racctrack upon
It's western border has at last made itself felt ana
understood In the high places Of city authority
The strip OF Park property extending from F11y-
ninthst. to One-lundred and tenth-st which Tam
many legislature said might 10 turned over 10 rev
owners OF fast hOrsenesh for their exclusive use Is
not TO be disturbed without resistance for any such
purpose. The people Of New York do not propose 10
be robbed OF an attractive piece Of Central rah'
The opposition 10 the piece OF vandalism winch
the rammany Assembly and Senate mapped out fof te
Park Commissioners was so general among the peopie
of New-York that Governor Flower became aI'riheo
at his hasty action in signing the obnoxious DILL 50
soon after its passage, and yesterday ana ule oaN
before considerable correspondence by wire p@Ns"u
between President Gallup, OF the Park Board ana
Governor Flower. The Tammany Hall leaders 'oo'
SAW that all error bad been made. and conference
al which several Of the Wigwam braves were present
WAS held in Mayor GRANTS Office The matter was
tuI,v discussed and as there were opinions In writing
% the Tamuany bosses on the Mayors table when
were read q decision was soon reached anu u'o
following letter arter being approved by all present.
was sent 10 President Gallup, OF the Park Board
"Inasmuch a. there appears to be Diversity Va
public opinion as 10 the advissbty Of constructing
"A
nv Senate Bill No. 4i4 will have deferred by ''e
Roard OF Estimate and Apportionment the cohSluefa
tlon OF the appropriation asked for, ana NNi'c '''
the Commissioners of Public Parks call an carry
meeting and give public notice. inviting al! p'ruc'
Interested to appear and be heard on the suD'e'''
v.cpec,fuI,v HUGH J. GRANT, Mayor
In comp,ance with the Mayors request the Park
Commissioners have named today at II n. H.
for a public hearing Of the driveway question thc
BOARD of Estimates meeting WIS called for the same
hour.
The Park Commissioners may not decile to morrow
that the speedway is not 10 he at Cetrdl fdih' p"' "
Is expeced That such notion will be taken at that lime
There Is little doubt however about the ultimate re
sult Park Commissioners Gallup. Dana ana otranS
hold An informal conference uptown last evening, ana
at that time it was decided that pubic opinion must
be recognized
LAWYERS DENOUNCE THE SCHEME
A Trdhnne reporter saw many OF the most prominent
and able lawyers of the city yesterday in relation 10
the Park speed-road. The interviews WIN tleSe men
brought out TIE facts, first, that they are ALL wthon'
distinction Of politics and without reference to the ste
of their property bitterly and unrcscrved opposed 10
the proposed grab which they did not hesitate 10 pro
nounce varlously as a steal" "a spolauoi anu ~
the most impudent piece of legislation ever heard o.
They all condemn the Department Of Parks for it, more
than suspicious Taste TO carry out the PROVISIONS OF m
bill when they generally take their own sweet uhe
where they ought TO put through important improve
ments which, are really deserved
Secondly, all these lawyers deny that the "ofu
authorize" IS mandatory. The bin reads: The Com
mjssoners Of Public Parks OF the city Of New York are
hereby authorized to alter the map or plan OF tue cen
trail Park and TO construct within said PARK dnNc
way not exceeding seventy feet In width, beginning
ct tho entrance at Fifty ninth ST. and EghthaNe anc
running as nearly parallel with and adjacent to the
westerly boundary wall may be practicable. to such
10 nv dafpp rO sl -
The next thing brought out that the Department
OF Public Parks apparently juggles with statutes
may suit the Commissioners They could hardly wait
till the specdrOad bin was signed before they started
to carry out Its provisions. But in 1850 BILL worded
exactly the same as this one, was passed by the
legislature. 1t is Chapter 2l0, and 1t hereby au-
thonzes aud empowers" etc. the Park Commissioners
to move the Geological Garden TO another site They
did not do So Yet Charles Bandy, the assistant
Corporation Counsel said yesterday that that bill also
was mandatory, without question.
A sECRFTARY's GREAT WISDOM
The Secretary of the Department of Public Parks,
Charles DE Francis Burns. asked about this Tho
reporter said: II one bill is mandatory, the other
is also If you did not obey one law, why were You
IN such a hurry TO obey the other, though pubic
sentiment is almost unanimously against 1t! have
seen score OF the best known men of New-forK uhc
reporter referred to such men as eA-Judgc DiVN'
United States District Attorney Mitchell Grosvenor
p Lowrey and others, and they are bitterly oppOeu
to it,"
"WeIl" said the secretary, sharply "a great many
prominent men have written themselves down as asses
on this thing"
This specimen Of calm, critical argument was I'M
answerabe.
Mr. Blandy the Assistant Corporation Counsel; still
insists that the bill Is mandatory He said there was
10 question about It, and read rulings OF Judge Earle
now Chief Justice OF the Supreme Court In support OF
his position The decision there was that ain dealhe
with an act providing for relief against Illegal taxation
the decision as 10 the meaning of the word authorizes
must take into account not only the language OF tc
act but the circumstances and object to he attained
Further. he says: "'AuthOrizc' and empower are
usually words Of permission merely, but become man
datory where the act concerns the public interest
There must be definite public interest" 1t Is clear
that Mr. Bandy bases his claim on THIS question Oh
public interest. :
EXJUDGE DhvIS'S OPINION.
Py.mdce Noah Davis when seen by Tribune re
porter said positively and unhesitatingly "1hat Dill
Is certainly not mandatory. not bit OF IT, Inc worn
authorizes is mandatory in such statutes as proVhe
for the carrying out Of an act the dong OF WHICH Ii
necessary for the public good. III poiicenah Is
anthor.zed' to arrest man who Is dis0idery, thc
word is mandatory. because it provides for the execu
ton Of what is already q law. The authority is only
the weapon or instrument which Is given him to carry
out what is already law. The same hode good
where the supervisors financial officers OF county
are authorized 10 collect taxes. But not In bill OF
this character
"Now Judge do you think IL should take much
legal acumen to decide the question in reference to
this particular bin?
Ex-Judge Davis laughed, and said "The Park Com
mssoncrs are evidently extremely anxious TO eubservc
the motives Of those who put the bin through 1t Is
ridiculous to suppose that they had to begin the exe
ton OF It's provisions within twenty hours after ii was
signed, and to stay awake nights over 1t The history
OF the BILL from it's conception TO the pro1e4t tne
shows supreme disregard for the wisnsA >of the
OAblc.n
JUGGLING WITH WORDS.
Crosvenor p. Lovrey, of Lowrey, stone & Auerbach