JOURNAL 
The New York Botanical Garden 
VoL. VI. November, 1905. No. 71. 
CONTROL OF THE GROUNDS a THE BOTAN- 
ICAL GARDE 
The following. opinion of the Corporation Counsel defines the 
relationship of the Garden to the Department of Parks: 
22— JM. September 30, 1905. 
Hon. Georce B. McCrerian, Mayor. 
Siv: I am in receipt of a communication bearing date Septem- 
ber 14, 1905, from Mr. Franklin Chase Hoyt, Assistant Cor- 
por eration Counsel, who states coat he is directed by you to ask 
my opinion as to whether the landscape architect mentioned in 
Section 611 of the Charter has jurisdiction over those portions of 
the public parks which have been set aside in accordance with 
the acts of the Legislature for the use of the New York Botani- 
cal Society and the New York Zodlogical Society. 
r. Hoyt states that the societies referred to claim that they 
have the right to develop the grounds allotted to them without 
reference to the approval of the landscape architect. 
After careful consideration of all the provisions of Chapter 285 
f the Laws of 1891, I have reached the conclusion that the 
Legislature thereby formulated a general scheme to set aside and 
allot certain portions of Bronx Park for the exclusive use and 
development of a botanical garden which should be, with two 
exceptions, under the complete contro! of the Botanical Society. 
Except for the exercise of police power and the liability to con- 
struct and maintain suitable walks and roads, I am of the opinion 
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