New-York tribune., 1909-09-22
PATRIOTS STAND CON L
SMITH TEARS TT DOUN.
Park Commissioner 1cts Before In
junction Is SerUed.

When the early birds began twItter in the dim
hours of yesterday morning great activity of
unusual sort for time and place might have been
observed at Central Park West from I'D to I'D
street. If any patriot had peeped out of his win
dow he would have Henry Smith. Commission
er of Parks. giving quick orders to the foreman of
regiment of jlartistc carpenters 10 demolish two
blocks of reviewing stands in which five hundred
members Of the Society Of the Order OF the Found
and Patriots Of America expected to occupy
many seats for the coming Hudson-Futon land
parades.
Also there were demolished with much greater
speed than that with which they erected some
twelve hundred other seats which Mark L. Stone.
contractor had received from the patriotic soct-
ETY. his compensation for building the stands.
At o'clock there not board left standing
upon another. The stand stood no more and the
lumber carted away.
Two hours later official paper was handed to
Park Commissioner Smith. 1t order sigped
by Justice F. B. Amend of the Supreme Court to
show cause why injunction should not be issued
restraining him from tearing down the stands
Parker & Ernst of No. 170 Broadway
counsel for the plaintiff society, although Amasa
Thornton the attorney OF record. The order
was directed against the Park Commissioner and
Mark l.. Stone. the contractor. as defendants.
Mr. Thornton said last night that the society must
OF admit its defeat the hands of the Park
Commissioner but the organization would do all in
it's power to obtain legal exoneration from any
charges of intended speculation or graft He said
it was an Outrage" that the members Of the
society should be Obliged to elsewhere to the
parade after it too late to make other adequate
arrangements.
He was positive that the hearing to show cause
why the injunction should not be issued. which
would take place this morning would free the So
ciety of any charges of illegal conduct.
THE Park Commissioner meant Well" said Mr..
Thornton, but he simply went off his head and
acted too hastily. He went there. / believe, and
found that the whom the contractor had
subet his seats was selling them for $i5 for the
three days. He Immediately revoked the license
There were any number Of members of the society
that he could have called the telephone. but he
talked to nobody.
although the society gave the block OF seats to
Stone a consideration for building them, the
contract was actually turned to two young
men by Stone. and they were to pay him 5000.
one of these John NJ. Delaney, of No. 103 Park
avenue They expected to sell the seats for S. for
the three days, am told and would have made
good profit "A that.
Now Stone has his 5000: the two young men.
who invested all they had. have nothing; the
Patriotic Society has seats. and must return
5000 TO it's members. while Commissioner Smith
has a crouch. And it is all because he acted too
fast. Of the society careless in not
watching Stone closely. but that is the worst
have done"
Park Commissioner Smith said last night he
would give $500 bill to any one who would show
he had granted permits TO any firms or individuals
to erect stands on park property. He added:
AN evening paper published q list of names 70
whom I said To have issued permits 10 build
stands private property The list. as bearing
out that assertion. is absurd for 1t is list Of car
penters and builders, with the exception OF two
three who may have permits for building on their
own private property. When permit to erect
stand is granted the man who is actually to put
it up must apply to the Buildings Department for
permit
I'm the case of the stands at 72d street. for In
stance. the society obtained permit from me.
while Delaney. representing Stone. obtained the
building permit II is the same way with most Of
the others I willing to show the editor OF
The Tribune in confidence the list Of permits
granted by to prove my good faith. I have
made the list public because it would probably
aid speculation
Theodore Fitch, a former governor Of the Society
of the Order OF the Founders and Patriots Of
America. said the organization would have TO
cept the situation and take philosophical view Of
what had happened
I'VE had idea" Mr.. Fitch remarked, that
the contractor going TO sell the for more
than s. The society cannot be blamed for that
since couldn't be there to watch him all the
time. The matter has put the society very
unfair and unjust light before the public