New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-06-11
FIGHT RICE TERRACE.
CITY APPEALS TO COURT.
Anti-NoiSe Crusaders Grounds SAID
to EncrOQch on PQUcment.


The city is trying hard 10 deprive the home OF
Isaac L. Rice whose wife is known far and wide
for her crusade against the noises that keep the
Inhabitants of New York awake at night and in
the early morning, OF the terrace wall which
surrounds II at Riverside Drive and S0th street
The city says that the wall extends upon the
pavement more than seven feet on the Riverside
Drive side and more than five and a half fee.
on the S9th street side, though there the exten-
sion runs out more than six feet for part Of
the length of the house
Isaac L. Rice bought the land on which his
house stands in 1899. In the same year ne fled
his building plans and obtained from the old
Municipal Commission permission TO build ter
race wall. The work started under this
permit and was nearly finished when It was dis
covered that the land in the Jurisdiction OF
the Department Of Parks. Application for
new permit then made TO Park Commits
sioner Clausen. and on tho representation OF
Mr. Rice that the work had been done in good
faith and that the architectural scheme OF the
complete house and terrace was such as 10 add
greatly 10 the beauty OF the city at this spot,
permit was granted, with the express stipula-
tion that the action should not be considered a
precedent for similar applications in the future
The erection OF the wall. a solid masonry affair
height breaking the continuity OF Il. was then
completed. Some details of the work were not
In accordance with the original plans as ap-
proved. it is alleged and neighboring property
owners made complaint
II is this complaint that finally caused the city
10 take the present action The was tried
before Justice Bischor In Special Term Of the
Supreme Court. without jury. and decision
has been reserved. though the city Is confident
of victory. George OReilly. Assistant Corpora
ton Counsel in charge OF the Bureau Of Tax Ar
rears who represented the city in similar pro-
ceedings against the Knickerbocker Trust Com
pany and other encroaching property owners in
Fifth avenue. appeared TO try the case for the
city.
The defence set up by Mr. Rice is that he acted
in perfect good faith IN building the wall. sup
posing that the city departments which had is
sued permits TO him had had the legal power to
do so. He says too. that other property owners
in the neighboThood violate the law much as
he does. The place of Bishop Potter is cited as
an instance. II being surrounded by an iron
fence which goes beyond the stoop line. Mrs.
Potter then Mrs. Alfred Corning Clark. pro-
tested vigorously against the erection OF the Sol
diers and Sailors Monument. seeking to enJoin
the cdty. Her request for an injunction was de-
MED by the Supreme Court and no appeal was
taken though the suit of Mrs Mary l. Par
sons. wife Of John E. Parsons. brought on differ
ent grounds, carried through to the appel
late courts and defeated there.
In the testimony taken before Justice Bis
choff Mr.. Rice's architect. Henry B. Herts. said
that the city's suit should be dismissed because
Mr.. Rice had really done fine thing for New
York I'm erecting his house, and that the beauty
Of the place would be spoiled II the wall should
be torn down He said that the design was IN
harmony with the Soldiers and sailors Monu-
ment and with the house Of Bishop Potter ana
that the presence OF the house made the corner
the most beautiful In the city. he SAID that IN
London Paris and Rome such Walis had ot oeen
erected from time immemOTial, and that such
enterprise should be encouraged. Mr ORehly
asked II the freight tracks of the New AorH
Central added to the beauty OF the spot, ana
Mr. Herts said that they were to be covereu cove @ up
and run In a subway, with an ornameh'al CoNoI-
Mr. Herts said 1t would cost S2o'OOo 20 reiloE l9 {
tho wall and there seemed 10 be an impression
after the trial that II Mr. Rice lost the suit ne
wound erect a tenement house on the site ana
have his own house DESTROYED, WhetnJt ti', tl Hri
Herts or Mr. Rice was responsible lor tHlS III
pression which was held in well INFORMED
quarter IT was impossible to find out
Mrs Rice said yesterday afternoon that sne
kney, little about the proceedings, but what little
she did know seemed TO cause her more griel
than anger 49,, ,,,,d ~, 70 sDoII
the beauty of one OF the finest places in the
CITY she said Mr.. Rice went TO all sorts oi
trouble TO make our house part of beautiful
scheme and think It should be left as IL Is
Mrs Rice laughed when she heard about the
tenement house report. but seemed to think tha'
Mr.. Rice perfectly capable OF putting on on
nm She said however. that in this case she
would have 10 leave the talking to her husband
as 1t had nothing to do with unnecessary NOISES
The Rice home is luxuriously arranged ano
has a Quiet room" that has attained some rams
There Mrs Rice goes when she wants 10 forge'
the footing whistles OF the tugs ana theIe; Joo '
International chess matches played. notably
those between the American colleges and Oxroro
and Cambridge. in England, which are played 9y