The sun., 1897-07-29

part was half perfunctory led II into sban-
doning It's experts 90 cavalierly, and into
turning on its critics with the silly retort
that in employing the experts originally It
"did not surrender the right Of final judg-
ment." OF course IL didn't. Under the
law the Park Board is absolute. II 1t de-
sires to display the full extent Of Its
authority 1t can plough up Central Park to-
morrow and let experts and all lovers OF
the towns decency and dignity go hang.
Tho trouble with Commissioners ely, as
IL was originally, In all probability, with
the managers of the Botanical Garden. Ii
this: He didn't know that the Park Commits
sion had the final power and hence the hnal
duty to plan and build this garden. And
his instinct as q public officer didn't
tell him that, in arranging the control OF
this half-publio, half-private enterprise, no
city government or no Legislature would
think of leaving the public rights and In
terest in 1t uncared for and unprotected.
Right under Mr.. ELY's nose was then
timely and now very Illuminating opinion
Of the Counsel to the Corporation, MIR.
TURNER, acting in Mr.. ScoTT's absence,
given to remove the doubt which had arisen
as to where the powers and responsibilities
In the Botanical Garden finally rested:
"The point upon which advice 10 desired d a. TO
whether or not 10 Il also the duty OF the Commisson-
ers to pass upon the location OF such buidings and
generally upon tho laying out Of the grounds at
place Of public resort The query 10 also made to
whether It would be your duty TO exclude any build.
inss which you consider unnecessary for tho care
and culture Of tender other plants, or which You
might deem unsuitable to bo erected on public
grounds
81" the obvious intention OF this act 70 leave to the
Park Commissioners such authority with reference 70
both grounds and buildings a. may bo necessary to
preserve harmony between both. Thus II will be
noted that Il II for the Commissioners to act apart
and appropriate upon such conditions a. the board
may deem expedient the portion Of the park in
question. 1t 10 for them to construct and equip
within the grounds allotted according TO plans
approved by them the suitable nreproof building
for the purpose indicated a. we'll other suit
able budingp for the and culture Of tender or
other plants indigenous exotic the only Limitation
on such being that the plans shall bo approved
by tho Board of Managers; and by the latter
tion not only 10 Jurisdiction reserved to them
over tho grounds after completion Of the work
for police purposes and for maintenance Of proper
roads and walks, which h intended by tho
act to be permanent but the suitable laying
out Of such grounds and the construction OF
such roads and walks IL wholly left TO the judgment
Of your board in the rst instance. This construction
liz
but oven II there doubt that doubt OF necessity
would have to be resolved in favor Of the Park Com
missioners otherwise tho harmonious relation Of
the grounds devoted to this specific purpose with the
rest OF the park laid out and developed By your
board might be interrupted.
"It s clear. that without your approval such build
ings could not bo erected"
The same conflict was raised not long ago
In connection with another institution In
which one Of the garden trustees was also
prominent, namely, the Natural History
Museum. The trustees of the museum had
a power not possessed by the Botanical
Society trustees, inasmnch that they could
appoint an architect and prepare plans,
and the issue that arose was identical in
Its nature. Yet no sane lawyer will dis
pute the soundness Of the opinion of Cor
poration Counsel CLARK, given to meet tho
situation, this extract explaining itself:
Tho power Of tho trustees to select the architect
docs not In any way limit tho power Of the Park
Board to critcise the plans subsequently submitted
and 70 reject them in they deem It do So
There is no Limitation upon tho Park Departments
power OF veto.
"As between tho Park Department and the trustees,
It was the intention Of the Legislature evidenced
by the act In question and tho originally estabs
ing the museum. that tho former shall be the nnal
arbiter of plans for adding to tho museum build.
Ing and that the business Of Designing and erecting
this particular municipal building shall remain sub
Ject to the control OF tho ctys ocIa
Tho Park Commissioners still responsible for
the building in every respect"
Responsibility for the construction of the
garden Is not upon the gentlemen of the
Botanical Society, but upon the officers of
the city intrusted with it, the Park Com
mission. And what does Commissioner
ELY mean by talking of his unwillingness
to relieve the trustees of their imaginary
responsibility "by forcing them to adopt
plans which they unanimously disap-
proven What does he know of such dis.
approvali Has he before him any resolution
by the trustees that they do not like certain
plans, or that they would not accept certain
plansf We imagine not. He is talking in
the air. And, moreover, We must still re-
frain from thinking that the private citi-
zens concerned In promoting the Botanical
Garden would, when they consider the mat
ter seriously and soberly, undertake their
share in spirit of antagonism to any plans
which the representatives Of the city should
conclude would do tho least damage to the
land as public place, or best keep 1t in
harmony with the standard desired for the
city's public parks. There Is moro in this
affair than the Botanical Garden.