NEW YORK CITY. 



425 



with a message from Gov. Odell, in which he 

 said : " The report gives evidence of careful study, 

 and the recommendations are in the main calcu- 

 lated to bring about an improvement in the ad- 

 ministration of the affairs of the greater munici- 

 pality." 



Judiciary. The vacancy in the Supreme Court 

 caused by the death of Frederick Smyth was filled 

 on Sept. 1 by the appointment of James A. Blanch- 

 ard, and that caused by the death of Henry R. 

 Beekman was filled on Dec. 22 by the appointment 

 of J. Proctor Clarke. District- Attorney Gardiner 

 continued to be the subject of much criticism dur- 

 ing the year. The City Club submitted to the 

 Governor 80 charges with 2,000 specifications. 

 These were referred to Ansley Wilcox, who was 

 appointed to report on the charges and take neces- 

 sary testimony. His report, after passing through 

 the hands of Attorney-General Davies, was consid- 

 ered by the Governor, and the charges were dis- 

 missed on the ground that they failed " to show 

 any specific act of malfeasance or malfeasance 

 grave enough to warrant the extreme step of re- 

 moving from office an elective officer." Subsequent 

 to the election, on Nov. 6, charges were again 

 preferred against Mr. Gardiner by Deputy Attor- 

 ney-General H. H. Hammond, and on Dec. 22 he 

 was removed from office. In announcing the re- 

 moval, Gov. Roosevelt said : " The charge vitally 

 affecting the conduct of the District Attorney is 

 that which relates to his attitude at and about 

 election, tow y ard the indictment of Chief of Police 

 Devery, after the latter had issued a scandalously 

 improper and seditious order to the police force 

 under him. Where the conduct of the District 

 Attorney of the County of New York affects elec- 

 tions, this conduct becomes a matter not merely 

 of county, but of State and national concern. 

 Fraud or violence at the polls in New York County 

 in a national election may concern not merely the 

 county itself, not merely the other counties of 

 the State, but also the other States of the Union. 

 It is a mere truism to assert that honest elections, 

 free from both fraud and violence, stand at the 

 very basis of our form of republican self-govern- 

 ment. When the chief of police of the city of 

 New York issued a public order to his subordinates 

 in which he incited them to criminal violation of 

 the law an order which was certain to cow and 

 terrorize some men and to encourage the entire 

 disorderly and lawless element the situation be- 

 came so grave as to call for the interference of the 

 chief executive of the State. Accordingly, the 

 chief executive notified the Mayor, the sheriff, 

 and the District Attorney that in view of the 

 issuance of this order they would be held to a 

 strict accountability for their acts in preserving 

 or failing to preserve the public peace. Alone, 

 among the other city officials charged with the 

 solemn duty of enforcing the laws, the District 

 Attorney, on whom rested the heaviest responsi- 

 bility of the enforcement of the law, gave by pub- 

 lic utterance aid and comfort to the chief of po- 

 lice." Eugene A. Philbin, a Democrat, was at 

 once appointed to succeed Mr. Gardiner, and he 

 has since largely reorganized the office. 



Legal. The city Law Department is in charge 

 of the Corporation Counsel. The incumbent dur- 

 ing the year was John Whalen. His report for 

 1900 shows that the city is defendant in 3,719 

 actions brought to force it to pay the prevailing 

 rate of wages, and there are now pending in all 

 11,145 cases. There are 1,166 actions the city 

 has to defend on account of injuries to persons 

 and property. There were 4,150 suits begun 

 against the city in reference to contracts. The 

 total number of actions and proceedings begun 



against the city in 1900 numbered 5,961. During 

 the year 2,005 actions were terminated. In the 

 condemnation proceedings to acquire title to lands 

 in Westchester and Putnam Counties $(5,3'J4,!)!)4 

 was demanded for lands taken, and the total 

 awards were $2,214,900, which represents a saving 

 of $4,180,093. There are now pending 3,722 suits 

 against the city to recover under the prevailing 

 rate of wages acts. These actions seek to recover 

 amounts ranging from $25 to $20,000. The claims 

 against the city in negligence actions amount to 

 $476,311, and the aggregate sum recovered in 16 

 of the 47 suits amounted to $19,700, or 4 per 

 cent, of the claims. The amount involved in the 

 litigation carried on by the Corporation Counsel's 

 office amounted to $116,469,887. 



Parks. This department is under the charge 

 of three commissioners, one having jurisdiction in 

 Manhattan and Richmond, one in Brooklyn and 

 Queens, and one in Bronx. During 1899 the com- 

 missioners were: George C. Clausen, Manhattan 

 and Richmond ; George V. Brower, Brooklyn and 

 Queens; and August Moebus, Bronx. The office 

 is in the Arsenal, Fifth Avenue and 65th Street. 

 On March 30 the Park Commissioners decided 

 that thereafter all statuary to be accepted must 

 harmonize with the scenery of the parks, and they 

 adopted a new set of rules governing the placing 

 of statuary and memorials. The most sweeping 

 rule provides that no statue, bust, memorial, or 

 memorial building of any description shall be 

 erected in any New York park where the scenery 

 is of a predominating character. Statues can only 

 be placed as adjuncts to buildings, bridges, or 

 viaducts when they are required to heighten and 

 beautify the effect of the scenery. Only statues 

 of great artistic beauty and appropriate in size 

 may be placed in any of the small parks or at 

 the intersection of two or more avenues. These 

 statues must be of great national or universal 

 interest to be accepted. On June 1 Hamilton 

 Fish Park was opened to the public with suitable 

 ceremonies. This little park of 3i acres is between 

 Houston, Pitt, Stanton, and Sheriff Streets, and 

 cost about $2,000,000. It came into existence in 

 consequence of the small parks act of April, 1895, 

 and is intended as a breathing space and play- 

 ground for those who live in the vicinity. The 

 park was transformed from a mass of tenements. 

 It contains a handsome structure to be used as 

 a gymnasium and bathing house, a large play- 

 ground, and two fountains. 



Zoological Park. This is under the care of 

 the New \ork Zoological Society, of which Levi 

 P. Morton is president, with William T. Horna- 

 day as director. It is in the Bronx, and covers 

 an area of 261 acres. The report of the Executive 

 Committee shows that the present membership of 

 the society numbered 945, an increase of 271 in 

 1900. The report also shows that the Park Im- 

 provement fund, on Jan. 1, 1901, amounted to 

 $214,499.88. There is still a balance of $35,500.12, 

 which must be subscribed by Aug. 1 in order to 

 complete the fund of $250,000 which the society 

 is obliged to raise under the original agreement 

 with the city. The total attendance of the year 

 was 525,928," the largest daily attendance being 

 on Decoration Day 20,134. The director an- 

 nounced that during the year he obtained a skin 

 of what proved to be an entirelv new species of 

 mountain sheep, which is so strikingly differen- 

 tiated as to render its title to independent specific 

 rank beyond question. He named it Ovis fannini 

 in honor of Curator Fannin of the Provincial 

 Museum of British Columbia. Its head, neck, 

 breast, abdomen, and inside of fore legs are snow 

 white. The other portions of the body are a 



