New-York tribune., 1910-12-18
TIE MENACE TO LETCHHORTH
PARK

The pending scheme for the impOund-
ing Of the water of the GeneSee River
above the Portage Falls needs TO he
carefully considered as an undertaking
Of much importance. which might be of
great benefit to the public or might work
en- intolerable wrong. Much concern and
anxiety have recently been expressed lest
the proposed plans should result in the
destruction or serious impairment of the
falls, and therefore of Glen Iris and
Letchworth Park. 1t is not to be sup
posed that the New York State Water
Supply Commission and its engineers
would knowingly lend themselves to
such scheme. On the contrary, they
are doubtless sincere in their belief that
the works which they have i'll mind
would not only not injure but would act
Iaily benefit that splendid wonderland by
making the flow of the cataracts more
constant and equal. while at the same
time protecting large areas of land
from periodical floods and providing
power of immense value for industrial
purposes. Many years ago. when Port
age Falls were still unmenaced by the
gestion Of their destruction would have
been regarded with utter incredulity At
later date before Glen Iris was con-
secrated 10 the uses of a public park,
and while that superb spot was still IN
private ownership, such proceeding
would have been greatly regretted,
though the legal right might not have
been successfully disputed. Now. since
the spot has been given TO and accepted
by the state on the express condition of
its perpetual preservation as a park and
pleasure ground. the destruction Of the
falls or their serious impairment should
be so impossible as to be barred from
serious consideration. That the pending
plans would mean such an evil is not TO
be rashly assumed. Yet. Oh the other
band, it is not unreasonable to ask for
the strongest possible assurances that
their execution would not be even a
potential menace to Letchworth Park.
The protest which has already been
made by the American Civic Associa
tion. and which is being widely repeated
by others. ought to be effective for the
eliciting of such an assurance. AS 4
matter of sentiment Portage Falls and
Glen Iris ought to be kept inviolate. AS
a matter of justice to future generations.
who ought TO inherit that wonderland.
the same NAV be said. As Il matter Of
honor and respect for the great philan-
thropist who so richly endowed the
state the argument for preservation
should be impregnable. In justice TO the
people Of the state. whose property
rights in Letchworth Park are invalr-
able and in justice TO the material in
terests of the state. of which Glen Iris
is an important and irreplaceable asset,
any plans which would involve the de-
struction of the falls shoIld be promptly
and forever vetoed. On every ground
which is worthy Of consideration any
raid upon the park should be resisted
and defeated
Ii is well worthy of consideration.
moreover whether OH purely technical
and legal grounds any material diver
sion Of water from the falls is not TO be
forbidden. Since the state accepted the
gift on the express condition that the
ground was to be used as Il park. it may
be argued that the state has no more
right 10 permit the destruction or i'm
pairment of its utility and attractiveneSs
as a park than it would have 10 devote
the land 10 industrial or residential pur-
poses-n other words. as the American
Civic Association says. that it would be
n breach of contract to do SO. More
over. the courts of various states have
/,ld that riparian owners have a vested
right 10 the full flow of n stream, sub
iect only TO the natural uses of superior
riparian owners and that diversion of
any part of the water is an infraction of
that right. The state is the riparian
owner of the Genesee River in Letch-
worth Park and has a right to the full
flow of the stream past its property.
Also. a federal court has held that the
use of stream 10 form a cataract for
the beautifving of scenery is 4 benefcent
and profitable use which is not 10 he in
terfared with; so that the State Of New
York is as much entitled 10 the full flow
Of The Genesee River for the mainie-
nance of Portage Falls and the beauties
Of Glen Iris as an industrial corporation