New-York tribune., 1895-10-13
MR. SQUIRE AGAIN ENJOINED.
MORE TROUBLE ABOUT THOSE NEW PARK
SITES.
THE CoNsTrTUTIoNALrTY OF THE ACT UNDER
WHICH TIE BROOKLYN PARK CoMMiS-
sroNER HAS BEEN PROCEEDING TO BE

TIE coNsTrrUTroNALrTY OF THE ACT UNDER
WHICH TIE BROOKLYN PARK coMMIs-
sroNER HAS BEEN PROCEEDING TO BE
DETERMINED BY THE COURTS
Hardly had the first Injunction against PARK
Commissioner Squier In connection with 'he pu'
chase OF lands for the Brooklyn parks been
dissolved before second one was granted Inc
first action was brought in the city Court the sec
ond in the Supreme Court in which a temporary IN
junction has been allowed by Justice Hayhof' Inc
question raised in the second action uliiers rum
that in the first and though the plaih'ii ~ ui"e
ent person, the anmating motive IN the TWO cases
Is precisely the same.
The first cuit was begun by Patrick II. Flynn.
uhosa relations with the Park Commissioner ou'
of which his personal grievance against ina VI
fetal grew were recently described III Inc ..
II was then pointed out that MI Flynn -. 4,
IN against" Commissioner Squier sc'o'" -.
his official capacity. and 1t was an easy , nAe -.
that his action was prompted rather py per lso'a'
venee than by public spirit lie sous". ~ ,
.r ., arv mora lands for the proposed
prooklvn Forest near Richmond HILL OH t"o
grounds first that excessive prices "e'o p
real estate and second that the III" ~ -
the Commissioner was proceeding was o.,
tutionaL The first ground was cohlp-e'' =.
aside by Judge Cement OF the Ci'y ,.s Cou', had
h,s decision declared that no excessive Pi'0'' '-
~ ,aId or were TO be paid. and that the pam
;in had failed TO make out his case
With the question OF const'tuuo"S',s ,
Clement did not feel called OF 'o u' -.
rietv Of reasons one OF which was that inc 'o'
had not been made party 10 'ne a'''o'' - g.,
o,her that all the purchases Of park SITES WEI IL
,d 90 vo,I os the one ct Richmond HE Inc
hin, conveved by the Judge was soon ac'eu uPo"'
bu, this time Mr.. Flynn put forward MS p"9'"V''
associate Frederick Cocheu. as the pia'''ii III e
action and Judge Gaynor granted 'e'"p0'"s ,'
junction on wednesday This suit IL oaS.u 'o'''y
ON the alleged unconstltutionaity Of the law, anu
all the proceedings touchlhs the d. q
park territory are involved.
"a 1T FOP CAMPAIGN PURPOSES oNLf'
Having been knocked out once the opponents u
co,,r,,ss,o,er souler wisely decided to make no
further attempt to mpugn his Judgment o' MS
honesty in the bargains made ana propose' 80 "
curing lands for park purposes StiN' as ''o 80
ing on the Injunction has been postpoheu uh''i N'
Saturday and a further adjournment al .''"' "'"e
"a expected It is most unlikely that decision ca''
- doroI before Election Day. and undoubtedly
De,ocra,ic campaign orators Will wax eloquent III
do,urciation OF the present municipal adminiS'a-
ton for extravaganza and pad Juus"s.'' '" "a
matter OF the projected new parks 40 ''''
gent citizen however. VIII be dcceNeo ~ SUI"
,wadd.e. - -, -os
On, administration OF the city had nothing in the
uord 10 DO with the passage or the "a" unue'
which the new parks are being proVideu' l"'y
found IT on the statute-booS. having Deeh pa
there by Democratic influences Tor the pc"'"' %
some men connected with the Brooklyn h'is' a'u
proceeded TO take advantage OF 1t for the Dehe' "a
rho community in general. As the lands secured
were 70 be paid for by the sale OF county bonus, !,
became necessary for the city authorities 80 10 sbe ao
rity would cease to exist with the year lss5 o Ao
Already bonds the amount OF sioVoVoS ~ ov marx nars
heen issued by the county to pay Tor the ne" Patn
ords The Validity of this issue is involved In the
action determine the constitu,oma'i a asn IL That
under which the proceedings have peen 5ane n canrt
in itself is most serious bs ana cre dhy OF the
tSere was probable to do so. unless tn nos,
I II Is possible that by the usual series OF
anneals a final decision OF the questions M MlnNol.e
nr or more and the people thus deprived OF what
would be OF great benefit to them.
APPROVED BY THE PEOPLE.
Certai, # ia that the general scheme OF providing
new parks for the city has met with the approval
OF tho community at large. Every step taken mas
bcen taken in the full view Of the peop.e OF the
citv In the selection OF park sites Commissioner
souier had the aid OF advisory committee APP
ponted by Mayor Schieren. as well as the ~mValu- ~
able advice of Frederick law ,n,ms ourchases he
did not proclaim from the housetops the pr'ceS
which he was wa Ty wIT czen s1 PeoSSempsng the
chase OF real estate would have done ne made
careful inquiries and guarded offers descanted on
he vaue TO adjoining property which the establish
ment OF a PARK would involve, and In every way
strove to acquire the LANDS wahte" at t''c 'o"e''
II is needless to say that many offers OF property
which have been made to him have been rejected
and that in number OF cases ne mas lT.uSra b, Lo
buy property which he considered most deslrao,e I
could bring the owners down to pr, reasonao.e Hg
ures so far the Richmond I'm property IL
ccncarncd his action has received the stamp Of ap-
proval from the Cty Court. and no further Just
criticisms or attack can be made on MIN on the
ground OF extravaganza
RROOKLYN FOREST EASILY ACCESSIBLE.
With The question whether the law IS or is not
constitutional tho Park Commissioner has been no
moro concerned than the Akhoond of Swat. on
ore pont however his Judgment has been que5-
Toned for his critics have asserted that the pro-
posed Brooklyn Forest Is ilr removed ron ii brpHN
70 create a park FOR the benefit OF Queens County
As is generally known by this time. this park Is to
be laid out on the hgA anq 90 He ,e g'S. 81 "a 20
Hills Cemetery. and naturally II VIII be cheny tor
the benefit OF The the people OF the eastern paIt
OF the city; OF the Thirteenth. Fourtcenth. FIJI
| tcenth Sixteenth. Seventeenth, Eighteentn TWen-
ty-slxth Twenty seventh and Twenty-e ghth wards
From all Of these IL VIII be edHiiy occefslDe, ana
matter OF fact II u nearer 10 me .ir9oK'yn t9T
New-York while the parks In thc upper part
OF New York are three or tour times as iar away
Already thousands OF people from me eastern
wards vislt the region 10 be included In Brooklyn
Forest or evely pleasant summer SUNDAY. III ~ the
Intention 10 leave the property very mucn IA rs
present condition.. making u nuEe p@smc @ srolhI
leisure The argument that IT II too far away from
Rrooklyn proper for this purpose IS basee5s II is
much nearer people referred to than prospect
park-even assuming that the latter was suited for
their purposes IT Is not-and they VIII be able TO
get there for the payment OF single rare on the
AS Mr. Olmsted said In his repor TO Commits
sioner Sauer this region possesses greater sd-
vantage than any other tract OF equal size within
-