The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-05-09
OCEAN PARKWAY CONTEST.
TIE LIBERTY MIR AND BROOKLYN
PARKS Law C~ONTRAsTED.

Commissioned w~oodrun-a Edtes Forbtddinw
Cycling on the Main Driveway VIII no
Tested In Court-C Chief Consul Potter Of
the l.. A. w. Says the Ruie IL Illegal.
The contest which has arisen between tile
League OF American wheclmen and Park Com.
missioner Timothy l.. Woodrun's new regu.
lation which forbids bicyClists from riding on
the main drive OF tho Ocean Parkway In Brook.
lyn. will probably be takon into the courts for
settlement. The new regulation will 10 into
effect on Fri day of next week, and Mr.. Wood
run said yesterday that II will be enforced.
Ho says thai he derives the power to make the
regulation from chapter DAT of the Laws of
1893, which Is an act amending section . OF
title 10 Of chapter 5S3 of tho Laws OF 1883, en-.
titled A act to revise and combine in n single
act all existing special and local lava affecting
public interests" relating to the Brooklyn De.
partmont OF Parks. The bill became n law on
June o, 1895, and the section relating to the
present controversy Is No 2, which reads as
follows:
SIC. 9. Tho said Department of Parks shall have
exclusive government. management, and control of
all parks, squares, and public places In the city,
and full and exclusive power to govern and man.
age the Ocean Parkway from tho Circle TO the south.
westerly angle OF Prospect Park to tho ocean, and
direct and regulate the public use thereof, as also
the Circle and Cnncourae at either terminus, and
also Eastern Parkway in tho Ninth and Twenty.
Fourth wards Of said city. and to govern. manage,
and direct the same and to regulate the public use
thereof and of such parts of the several roads,
streets, or avenues as run through or interseot the
same. and to pass and enforce laws and ordinances
Tor tho proper use, regulation, aud government
thereof; and for ali the purposes OF such govern.
ment, management, and direction of public use.
such parts of said roads or avenues as pass through
or intersect said circles shall be deemed to be q
part of Prospect Park. and it shall be under like
control and management as said Parkway, and the
maintenance of said ocean Parkway and Con.
course shall be a charge upon the city of Brooklyn.
And the said Department of Parks shall have, sub.
Ject to the limitations aforesaid, full aud exclusive
power:
1. To lay out. regulate, improve, and maintain
the public parks or said city, and Ocean Parkway
and the Concourse aforesaid. and also Eastern
Parkway In the Ninth and Twenty. fourth wards of
said city, and TO govern, manage. and direct the
y. To make ordinances, rules, and regulations
for their proper management and government.
Mr.. Woodruff's contention is that this SEQ
ton gives him the right to restrict each class
e. par ys nS1t e Tbs q psw Tasnl. Part Of 96e the no Ocean sH.
clude the bicycltsts from the Parkway; IL
simply defines what part Of 4 they may, use.
Mr; lsa vac b; Potter; the Chief Consul Of the
American. Wheelmen, says that Mr.. Wood
rufr's position is all wrong, as in excluding the
Liberty law which was passed In 1887. The
Liberty law" reads as follows:
The Commissioners, Trustees, or other authors
lilo street. parkway. driveway. or place shall have
no power or authority, to pass, enforce, or main.
any. pef.on using a bicycle % or Tricycle. shall be S" ea.
ssS. p or R,0s .'1ss'. s sysnu the l f5sS s:s Of d sqy 1's9.
parkway, or place at any time when the same is
other pleasure carriages; but nothing Herein shall
prevent the passage. enforcement. or maintenance
use q Bicycles or ,ricyeles' In highway, psbi i
streets, drl,ewayss; Ways; and places In such
Of speed with which such vehicles may be pro.
psosibi. nG the IN a sasH Of ma sel nsF lamps ss IS ' sS% Other air sSpa or
tenances. nor TO prohibit the use OF any vehicle
way commonly known as the foot path or sidewalk.
In speaking of the legal status of the matter
yesterday Mr., Potter said;
passed. It related to a Special subject. to wit.
the nse Of bicycles on the public highways.
That act provides that no Park Commissioner
the Brooklyn. Park Comnissioner. and the
highway law of the State Of New York.
"Chap,er o47 Of the Laws of 1895 defines the
the CITY Of Brooklyn. and gives TO that depart
ment the same general powers that belong to
no reference to tho law of 1887 or to the use OF
bicycles. 1t contains no repeating clause and
any portion Of the Liberty bill. 1t merely
gives the Commissioner the exclusive manage
Disess A IN tho isn sIty al and Ra ths p sSSartss e govern ans Ru snd
% Hansss the has o Seaided fa IN icy; stale aas f tSat on os
ANOTHER s. by mere r. implication naoicst.1 :o unless 70 Z, give sn it
same court has also decided that repeals by
Implication are not favored in the law, and it
and manifest and the two statutes cannot be
reconcied or stand together. that this rule is
There Is nothing in either Of the two laws
that l have mentioned which conflicts with or
They are not in any sense inconsistent with
each other. but. on the contrary are In perfect
hsF%sey for T nise E Lesas and pi has h now i ,ne s4aM tts
and age TO hold its way in what promises TO be
an Interesting contest" s.o..u.n, v.s.,,,.r
Woodrua on Thursday. He said
matter OF this new regulation which forbids
wheelmsn the use Of the Ocean Parkway be-
attempt to befog the issue or to beg the ques-
ton will alter the P%,9msiti9po Of the L; ".
e w - Lawful and reasonable effort to regulate
the use of the driveways, but we are not willing
make no eid .t. sas' r didi!Rsflt%sn' THIS III H .rssu htts%P' !"
not Justified by the facts nor warranted by
law; y, The tS,s s msans Int h of the % Com CSmm missioner i,si9nsr
from the main drive. suggests the best reason
why such a rule, should not be adopted, even
ing is to be suppressed. 1t can better tie sup
pressed on tine broad roadway, where the
OUenueTb may NC uoti pithoA bub ullu uppTo- |
hended. than by permitting them.to rush alonu
tho crowded cycle path among women and
children, TO whom the danger OF the over
crowded path is already apparent. II scorch-
ing cannot be STOPPED on the broad road 1T
Is less likely to be stopped and more likely to be
hurtful on the cycle path, There Is but one
way to stop scorching, and that Is to promptly
s .Ed,ss,s and aSs 's snced oPPS Hnish every s sySli str whs
among the drivers of horses for similar viola
si9n M %ssls ay pH. sAy ieo { S apds sff tsl. new rule a, a
very ungraceful attempt to discriminate
against them and 10 restore the same condi-
lions which brought on the conflict OF 1887.
The argument that cycle paths have been pro-
yided for wheelmen supplies DO reason for an
unlawful regulation The cycle paths were
not built for the wheelmen SO much as to re-
iieve the Park Department from u most en-.
barrassing question. The wheelmen demanded
. proper road surface and tho cE orcement Of
proper regulations: They claimed and still
claim 1t to be the duty of the Department of
Parks 70 provide a road surface that is suit
able for all vehicles making lawful use Of the
oadways The Ocean Boulevard was a dis
grace 10 the department, Tho Wheelmen OBJ