New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-09-01

exclusive right to park cars on the
Speedway and the right to charge
a fee for such parking.
! should like to know whether
any such exclusive right has been
given. to Dougherty, or TO any one
else, and if so, exactly under what
authority the Park Department
has acted in thus selling 20 pri-
waite concern the exclusive right to
use a public street or parkway. A
prompt reply will be very much ap-
preciated Yours very truly,
(Signed
ALBERT BLUMENSTIEL.
at is the case Of the chairs in the
park all over again" he said. "Do you
remember when the Park Department,
some years ago, leased to one Spate the
privilege Of renting seats in the park ?
In that case the courts declared that
public parks could not be so leased.
This is a parallel case.
Patrolman Refuses to Aid.
when | came UP here the other day
with n group of friends and refused to
settle was ordered off. Then. when |
refused to 90, that traffic policeman
was called and asked to give me sum
mons. He l:new his business and re-
fused. and was threatened with a com
plant at Headquarters. ! gave him my
card in case a complaint was filed, and
viii see him through. ] don't think,
however. that any complaint will be
made.
But DO not understand why have
not received an answer from my letter
TO the Park Com missioner"
Joseph H. Eiic2bogen, also lawyer,
is another ba. cbali fan who complained
TO the Commissioner, and, like Mr..
Blumenst.e.. has yet to receive an
answer 60 'is letter, in which he de-
clared that the Park Commissioner can
not delegate to any detective agency
the use of "the street for automobile
parking purposes to the exclusion OF
any citizen" and in support Of his con-
tention submitted this quotation from
the decision Of the Supreme Court in
the park chair case (77 New York Sup
plement, page 80:
"To sustain the privileges of the de-
PENDANT would be tantamount TO hold
ing that the natural benefits derived
from our parks could be bought and
sold, and that a special tax could be
imposed as a prerequisite TO admission
within their boundaries. There Is no
authority vested in the park commits
sioners or the city to so trample upon
the rights of the public, and where
such result would be achieved as
would be If the alleged privilege Of
the defendant were unchallenged, a
court of equity will interpose its pro-
tective arm in behalf of the people.
There Is a distinction between case
of this kind and one wherein the priv
ilege of conducting restaurant, pro-
viding boats upon the lakes. or goat
carts and ponies for children, IS
granted by the park commissioner
When Tribune reporter called at
the Office of the Park Commissioner
yesterday afternoon Mr.: Ward and MI:
Valentine were engaged in department
business elsewhere, and Secretary Fehr
was reported on vacation.
Harry Dougherty Explains.
Harry V. Dougherty, however, was
at his desk, and explained how the priv
ilege happened to be granted.
"Automobilists who went to the Polo
Grounds" said he, had lot OF
trouble through losing things from
their cars and with cars being lamp
cred with. The privilege of watching
through Mr.. Hampstead. of the Giants,
who took the matter up with the Park
Commissioners office, Ind 1t was finally
arranged that we should take the priv
ilege for 500 month. There Is no
money in it now; on whole season
there might be. but il is a splendid ad-
vertisement. This is all there is to It,.
We took the thing TO accommodate the
Park Department and the Giants man
agement
"Not everybody pays, and some days
up there we have lost money.
"The Park Department has the right
to give out that privilege under the
law. II necessary the police will en-
force it. AS matter of fact, that
street is not a STREET. is part OF the
park system, and no one has the right
10 stand a car in it. They used TO, but
they had no right to. They parked
cars there at their own risk. Now we
protect them. Only piker will object
TO paying quarter insurance that no
one will bother his car. There you
have II "