New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-24
UP IN ARMS FOR THE PARK.
ITS PROTECTION NOW ASSURED.
PARK COMMISSIONERS FIND OUT THAT THE


dead. Between the effective onslaught Of public
opinion and the decision OF the Corporation Counsel
that the act authorizing the speedway IS not mahua
tory the project has had its life pretty well squeezed
out. The advocates Of the innovation were worsted
In the argument which took place before the farS
Commissioners yesterday as 10 the rfghtfulness ana
propriety OF the plan The boardrOom in the Park
Department was uncomforably filed with citizens OF
moro pr less consequence who came to witness or
take part In the hearing concerning the attempted
spoliatiOn The majority who appeared were lhcre
to protect against the threatened usurpauon ana inc
prevailing sentiment of the assemblage was unmls'ak
ably In the negative. Those present lncluded cyrus
Clark Enhu Root, Kiliaen Van Rensselaer,, De Lancey
Kane Robert f. Bonner, r. B. Ocott w. w. Macfar-
land, Cephas Braineyd jr. John c. Coleman,
F. X. Esbert ex.Judge Henry +. How
land, William s Paten, Lawson \. Fuller,
David Bonner Hamilton Busby, W. ii. AKIN, j. h.
Learned, ii. NJ. Whitehead. W. NJ. T. Holman, D.
Agostini and Charles Kerner. Some OF the advocates
OF the speedway had held a private meeting at the
Plaza Hotel and arranged 10 retain Frederic X Couder
as their counsel Mr.. Coudert did not respond to
their overtlres. The prospect Of large and easily
earned fee was not sufficient inducement to secure
his services upon side against which puphc OPINION
had given such an overwhelming verdict The four
Park Commissioners all In their places. Among
the associations which had registered their opposition
to the project BY resolution or otherwise, were the
Republican Club. the Reform Club the West End
Protective League. the Twelfth and Ninth Wards Tax
payers Association. the Tenth, Eleventh and seven
teenth Wards Taxpayers Association, the Eighteenth
Ward Taxpayers Association the West End Associa-
tion the West Eighty ffths Protective Associat~ N
and the Central Labor Union
President Gallup announced the receipt OF letter
from Corporation Counsel william ii. Clark In answer
TO the Park Commissioners request asking for the
law officers opinion to whether the Driveway ACT
was mandatory. The letter was read and when 1t
appeared that Mr.. Clark had decided that there was
nothing In the measure which compelled the Com
missoners to proceed with the construction OF the
speedway but that on the other hand, the whole
affair was left BY the law TO their discretion, there
was boister0us applause all over the room. After
quoting the first section of the Driveway Act Mr. Clark
says:
1t will be observed that neither the word shall" nor
must" so common mandatory statutes, is anywhere
used In section Is penalty provided the
Commits toner's fail construct the driveway. The sole
power granted by is the right and authority TO con
struct driveway; whether the Park Commissioners shall
exercise tina; right and authority is matter entirely WITHIN
their discretion.
The section have quoted does not prescribe the eXac;
width Of roadway, precisely how near the western
wall 1t is located north it is to nor
what loops and connections are to be constructed The
scope the indicates clear intention on the
part Of the Legislature entrust the Park Conmiss
with the authority to create driveway and TO provide
method the payment OF the expense Incurred should tn
Park Commissioners In their discretion direct that drive
way be built
In a very late case in the Court Appeals (Gmorc
tho City Of Utica y. " SGD clause Of the defend
ants charter before court for reconstruction
Note ce similarity of language between the first section
Driveway and the provisions OF the Utica charter
In Driveway act 'le Commissioners Of Public Parks
are hereby authorized to alter the plan or map OF
Central Park" In the Utica charter 1.-THE Common COuh
Gil Is hereby authorized 10 require all railroad companies
operating railroads relave between their tracks
The Court OF Appeals held, In constituting this provision W
the Utica charter, Judge Earl writing the OPINION that
was mandatory quote paragraph from tins opinion
I'VE know Of rule Of law which requires or authorizes
tho courts to hold that such language under such
circumstances mandatory. and imposes an Imperative
duty upon Common Council leaving IL WIN no as
erection There is no arbitrary RUE ior 'ie
construction Of language The purpose oil cohstfuc
ton and Interpretation is so ascertain the legislative
intent and to hat end it is the general rule that wous
must receive their ordinary signihcaton. uniess ~ ~
bc seen that the lawmakers meant that they s"ou'u "
q more limited or q enlarged sienhcaeioh
In conclusion beg to advise that In my OPINION
the act is no: in sense mandatory ana Ve uu''''
whether the driveway authorized by TINS act snan VI a
not be constructed is a question resting c"''rcN "''
the discretion Of your Board
7, K really surprising that there should have been
any question on the subject. and Mr.. Carks opinion
will be unanimously accepted as SOUND, Ooth III Id"
and common sense. The act establishing INC ponce
matron system Is so entirely similar TO the case III |
hand that 1t would be impossible 10 reach any othcr
conclusion. MI ROOt euggc>lcu thit Ni' ""''''' Va
the driveway be called upon TO argue their side first
and in accordance with this agreement J. G. De Ii |
yergne representing socaled citizens committee
spoke for the scheme. SO dN II. NJ Whitehead ircd-
eric p Oloott and Robert f. Bonner.
Ex.Judgo Henry E. Rowland made the principal |
argument against the speedway and aroused the pre-
y1ops speakers Indignation BY saying that the boast
had been made that there 100000 behind the bill
When he went on there Is average legislator al
one end Of the bill and 100000 at the other end. II
would 60 through the Legislature at the rate OF one
mile In two minutes During the laughter at THE
sally Mr.. Bonner sprang up and accused ex'Judge |
Rowland Of seeking create the impression that brib
cry had resOied 10 In securing the passage OF the
measure II that the speakers purpose, Mr.. Bon
ner desired 10 brand the statement utterly false
Mr. Rowland suavely explained that lie had not the |
least Intention Of rejecting upon Mr. Bonner or any OF
his associates of ntimang that their success at
Albany was due bribery. The lowest estimate that
Mr. Rowland had heard Of the cost OF the road was |
So5OOOO. 1t would far exceed that figure If it went
on.
Eiihu Root made spirited speech and attacked the
bill as the worst kind OF class legislation. W. W. |
Mcfarland took grounds similar to Mr.. Roots Kilaen
Van Rensselaer, spoke OF the mushroom saloons" and
other bad influences which would be to infest the
line OF the proposed road Cyrus Clark declined to talk
saying that the scheme was already dead and che |
didn't to kick dead animal James 5. Lehmaier
G.. n Bovee IT, and others made speeches against the
plan.
Mr. Whitehead, for the promoters. insisted that the
law mandatory II spite Of the Corporation Counseps
learned opinion 10 the contrary lie said that the
supporters Of the scheme would not be satisfied until
decision had been obtained from the courts. Pres-
dent Gallup said that he hoped Mr.. Whitehead would
apply for q mandamus 10 compel the Board to carry
out the law and thus secure legal decision. The
Will consider the arguments IN executive
session.
Active preparations are being made for the meeting |
10 demand the repeal of the law ut Cooper Union on
Friday night. The committee IS having difficulty In |
holding down the list OF speakers, many orgnnza
tons anxious to record their protest against the
Of the Park. W. W. Macfarland will speak
on behalf OF the West Side Association. Orlando b.
Potter. Wnham b. Hornblower and Mr.. Olmstcad who
laid out the Park. will be among the speakers. Labor
organizations which wish 10 take part requested TO
communicate with John Jay Chapman. No. 81 Wali-st