New-York tribune., 1903-02-18
MANHATTAN MUST PAY.
Plan for Ornamental Structure at
Battery.
r WILL LET I'M AIR AND SUNSHINE.

1T WILL LET IN AIR AND SUNSHINE.
CORPORATION Counsel Rives Park Commissioner
Wilcox and the Manhattan Railway people have
reached what will probably turn out 10 be a
working plan for the removal of the old ele-
waited tracks in Btttery Park and the substitut-
ing a. new artistic steel structure that will
occupy less room.
Corporation Counsel Rives last night sent to
Mayor Low letter telling about the proposed
agreement with the company, together with a
drawing of the proposed elevated structure. 1t
will be built with arches. the curve of each arch
being long and graceful. The steel work will
be Open admitting light and air This is now
permissible. as with electric power there will
he hot cinders to drop from the locomotives
Much of the steel work will rest on handsome
granite ornamental abutments.
In order to secure tho desired result, Mr..
Rives has drafted a bill which will amend the
Rapid Transit act. The amendment gives the
Rapid Transit Commission the power to grant
franchises except in the place known as Bat
terry Park. In Battery Park the commission
cannot grant any railroad the privilege of build
ing tracks without the unanimous approval of
all the Commissioners of Public Parks,
Mr.. Rives in his letter to the Mayor. gives
history of the elevated structure in Battery
Park He says that the Department of Parks
its tracks in the park without having au
thority to do it. In June, 1880 the city at
tempted TO oust the company from Battery Park
and made silly blunder in not naming the
right company in it's notice to quit the cty's
premises The matter dragged aldlg until two
years ago, when there agreement with
the Law Department and the company that
when the city desired to begin action to COM
pei evacuation of the premises there must be
twenty lays notice. No such notice has ever
been given, but the motion may be brought up
for argument whenever desired. Mr. Rives gives
table of figures tending to show that the COM
pany sells about 100000 tickets year to per-
sons taking elevated trains at the South Ferry
station.
After asserting that it would be inpracticabl BILE
to try to compel the company to depress it's
tracks or get off the citye park land by using
city streets, and speaking of the refusal of the
United States Government to allow the elevated
structure by the side of the new Custom House,
Mr.. Rives says:
There seems to be- therefore no choice as a
practical matter, between permitting the ele-
waited structure to continue to occupy portion
OF Battery Park, or cutting off altogether the
West Side lines from access to South Ferry.
In view Of the foregoing consideration, it has
seemed to us worthy Of consideration by the
city authorities whether an arrangement might
not be entered into with the Manhattan Rail-
way Company by which il should be permitted
to continue its occupation of some portion Of
Battery Park upon condition of beautifying and
Strengthening its structure, and of paying the
city reasonable compensation for the privileges
enjoyed.
If the pending case is pressed to hearing. the
structure may be removed. While this result
would be satisfactory from aesthetic point of
view, and would undoubtedly improve Battery
Park. It would be at the cost Of grave daily
inconvenience TO tens OF thousand of our citi
zens.
Plans indicating what can be done have been
prepared by the officials Of the Manhattan Rail-
way Company. and. without expressing approval
of them in all their details it may be properly
said that we think they clearly indicate how
to make.