New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-03
DECLARES OLD LAW
BARS GRADE CROSSING
Counsel for Opponents OF Plan
to Alter gath Street at Park
Avenue Scores Point.
M'ANENY SHOWS HIS ANGER
Property Needed for Change Is
Under Park Department, w.
B. Guthrie Asserts
Mayor Is Interested.

Opponents OF the "McAneny" plan FOR
grading Park avenue at 34th street oy
removing the entrance TO the tuIhei
north half a block and establishing
grade crossing for the Fourth avenue
crosstown trolley cars at 3ith street had
their innings at a hearing on the I'M
provement held yesterday afternoon be-
fore Mayor Gaynor.
William r. Guthrie. counsel for some OF
the property holders in the neiShborhood
OF 3ith street and Park avenue. scored
heavily when hc asserted that the strip
OF land forty feet wide in the centre or
Park avenue between Hth and 3Jth
streets was park property having been
so designated ~ the Common CounclI III
1851 and recognized as such By the PARK
Department and other city departments
since that time. Mr.. McAneny should
have recognized that the city had no
right to take the property without
special act of the Legislature. he said.
In the two years I'm which arguments
FOR and against the eradication OF the
hump in 9Th street have been heard
that point had not been advanced. Presi-
dent McAncny OF the Borough OF Man
haitian was plainly angry, and accused
property owners I'm the district OF bring
Ing II up At that time sor the sole pur-
pose OF causing delay. II should have
been mentioned two years ago, when the
plan was first talked Of, he said.
The lawyer asked President McAneny
II he would admit the truth of the state
ment that the city had no right 10 take
tine strip Of property. but Mr.. McAneny
refused.
1T is true" he stated. that this prop
orty Is under the Jurisdiction OF the Park
Department. bat il was made park
by an act Of the Common Council, whose
powers we're succeeded TO by the Board OF
Aldermen. and later by the Board OF Es-
innate. The park was not created by an
act OF the Legislature. and therefore the
city department which created the park
has the right to take possession OF II
now"
William Church Osborn declared that
he had lived In the neiShborhood since
he was boy. and that his father had
lived there before him. and II the Board
would spoil the section as a residence
district II It were carried out, however.
MIR Osborn said he would demand that
the oxpcsse be borne by the property
below SD street and on the crosstown
streets in the immediate vicinity, which
would benefit by II.
George g. Boldt. proprietor OF the Wal
dorf-Astoria. asserted that the estab-
lishment OF a grade crossing would form
third hold-up centre OF traffic. Fifth
avenue and I'D street was one, he said,
and Fifth avenue and 3ith street an
other. Instead OF eliminating grade
crossings, as II was the city's duty TO do,
h. said they were seeking 10 establish
another He favored the Parsons plan,
a. did others who spoke before the
Mayor. which provides for opening SOD
street east OF Fourth avenue by de-
preston.
President McAneny declared that he
was receiving an honor 10 which he was
not entitled in having the Board Of Es-
Inmates idea for the improvement called
tho "McAncny' plan. The engineers OF
the Borough Presidents ONCE had pre-
scented IT, he said. and after having been
passed upon by tho Finance Department
as the best plan submitted IT had been
approved by the Board OF Estimate and
Apportlonment
Mayor Gaynor seemed puzzled by the
unexpected point raised by the opponents
OF the plan "a to the legality OF the
city's taking the gland. and asked that
Mr.. Guthrie AMI President McAneny
submit briefs on the subject TO him not
later than Saturday noon.