New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-11-01
MR.. BUZBY DISCHARGED.
MAGISTRATE REFUSES TO ENTERTAIN 4
COMPLAINT AGAINST HIM.
CAPTAIN ENGLAND. HOWEVER DECLARES
THAT AUTOMOBILES WILL STILL p"
KEPT OUT OF CENTRAL PARK

KEPT OUT OF CENTRAL PAKh'
1ar,atrate Olmsted in the Yorkville police
court. Yesterday afternoon refused to ISSUE d. ,.'
rlaint against Wlnslow +. Bu2by. lawyer ciaie
ing him with dsorderly conduct In a'''inp."o
,,orato hls automobile in the roadways IN 'elD'"
park NJ Buzby on Friday afternoon entered ''e
porl, and on refusing 70 get out was arrested
,rbora we're a large number Of persons IN court
interested IN tho question. particularly As MI
Buzby said he intended 10 make II test ca
Policeman Keenan, began the proceedings ny s''P
ming NO 10 the desk and setting forth t'e ''V'V''
leading ND 10 tho arrest Of Mr.. b"2n'- 80.
,togfe,ra+e Ol,nsted pointed ont that Section olV
~ the New-York city charter specified that al.
ordinances should be general IN nature All.
stonld cover all boroughs This requires an ac'
Of the entire Board and r. should not be me man
date of merely ono Of the Commissioners.
cantalo England OF the Park police. then SAID
Tho rules prohibit any carriage from ne'"s o"
the drtvevays which are not drawn by horses.
tine rules do not say any sucs thing said MI
Reattie who represented Mr.. Baby
Tho rules do not say so IN so many words an
swered Assistant Corporation Counsel Farley nu'
that 10 the understandings
I'VE stand on the rules they are. SAID MI
Ro,ttie They do not prohibit any automobile
which is pleasure carriage from entering me
Park" $50.
MAGISTRATE Olmstod here remarked. Il don't
mink there Is case here If the complaint is
made under Section SIC will be compelled TO cis-
charge the defendant
Mr. Beattie seeing how the Magistrate STOOD s@'u
that President Clausen had no right to make any
ordnance that applied 20 the whole OF New-forK
CITY lie could only make rules and regulations
for the parks in this borough These rules ne
said should not be in the form Of ordinances nus
should be- confined TO the care ana Sovrt nnTnu ~.
the Park. Policeman Keenan, reDNeu. Iisse I,0'
about automobiles were verbal and not p.lht'N-
I'VE are not responsible for vcrbal rules or Nnuer
aov Obligation 10 observe them. sad MI. ,beatte
Mr. Buziy knew T. was against ire ruies, H..
,or-td i,anfafn England He went 10 Commits
he dav before his arrest and # WIS refused.
.,re f6is * going TO be a test case why not hold
the prisoner and make II SUCH said Assistant
Corporation Counsel Farley. ,,s ,,o~,e,ro+o
olnstcd Il don't think there is any case; Inc
prisoner IS discharged If you want To- test II you
-, t. absurd to call an automobile n carriage
said cantain England "You might as well call
locomotive an automo9Ie OF "a a. ,l,or sssociation
Why, even the Carriage Blaers Hs bsi D roi
doesn't call automobile carriage, / shaI 81, nVi
trv to keep the rules OF the Park department from
y6ou o.g6t 20 know your duty" replied Magis-
|"r no', eet yourself into trouble by your ZEAL.
rotorfed Mr. Beattie. and all left the courtroom
COUNCIL AND AUTOMOBILES.
Councilman Brice IN tire Council yesterday Of
fered an ordinance 10 permit. automobiles in any
portion OF the city. including Central Park under
certain restrictions.
There is no good reason" said Mr.. Brice. why
these vehicles should not run as well on one side
Park Board can explain why they are excluded
Councilman cassidv asked 70 have the ordinance
dRtser Il 70 he committe on Public Edueation. -.
said Mr. Brice. contemptuously. Inc ordnance
was referred to the Committee on Parks.