[*3] Frederick Law Olmsted SUBJECT FILE Parks Boston, Mass. General UndatedWhen the question of providing for New York some means [by] of escape for a few hours from the confined space and the newlly artificial scenes and the noise and disquiet without a long journey into the country began as discussed, [the conf] constant reference was made as we have observed to this experience of London and of other large European towns. An experience made possible in them, it must be observed not in any great degree because the opportunity had -The experience thus to be studied in London and in Paris and in several other large and growing towns been wisely [planned] secured in advance, but because advantage had been taken of an opportunity occurring accidentally. [No] Many of these old country public parks., not having been planned for the use [to] which had become most important, had been used for other purposes. They contained, for example, in some cases, palaces, [private villas and] churches [barracks,] private residencies, powder magazines, barracks, parade grounds and stables.could not, [simply] because, [of] if for no other reason, none of them were of such breadth and so situated that people [ever] could not find escape in them from the sense of living surrounded and confined by buildings, [oppressed by artifi] from the bustle [as] of the streets and from the oppression [of artificialities] of scenes of artificial character. [Several matters must soon come before you provide consideration of which will raise questions of] [Several pending matters [will soon] raise question of the purposes and functions of your Board, the [of ] [the proper] limits if its field a duty and of the division of its responsibility from many other public bodies. As, with reference to some of these matters instructed we have already been called upon to prepare drawings and to [give] professional advice, we think it best to submit the following observations. If your Board should take a different view from that which we shall present it will be desirable that we should be advised accordingly before further advancing the projects and plans that we have in hand. reopen the general question. We have been at different times and places In an official relations with twenty boards of other Park Commissions we have Each of them has caused disappointment and anger by declining to enter In every case a wide and irreconcilable difference of opinion has been manifest as to the nature of the ascetics? of the Commission. and often had occasion to observe that the committee have taken the course taken by them] for hunting. As has been said [There will] There were still deer roaming even in Hyde Park, [and] the property was [now] nominally private property and under the management and control of a resident keeper of the deer. But for generations the people of London had been admitted to it and roads and walks had been made in for their use. And the use which they mainly made of it was such as to precisely serve the purpose required; namely that of supplying what the hundreds of small squares and places and commons, playgrounds and gardens of London [do & surrounded as they certainly there with conspicuous buildings and confined could not supply because they were none of them of [sufficient extent to altar] such extent and so situated that people within which would not still find them confines.]circumstances [thoughtfulness] [and foreseeing] forecasting men looking not to the [immediate so much as to the distant future, [and] though led on by nothing [like a general public demand such as not popular demand, began an agitation] like a popular demand, began to consider how the evil of such a state of things could by timely provision be [a formulated or] mitigated. When the subject came to be publicly discussed, constant reference was made by those advocating action in the premises to the parks of London. There were then in London no places called parks except spaces of ground that had [been] formerly been parks in the old legal sense of preserves[What is there purpose? The laws establishing park commissions in no single instance give a full clear and unambiguous definition of it. (Must be looked for in the circumstances.) Commonly the preamble to the acts [on] reads an act to provide for public parks," [in] and not where in the body of the act is a more definite statement of its [int] purpose to be found. What then is the eye of the law is a park?] ¶ Henceforth the most populous of American towns, was also forty year ago most unfavorably situated [in this respect] with respect to to the confinement of its people, because nearly surrounded by broad water, and it was [perfectly] [evident] more evident in New York than any where else that if the city continued to prosper and [its building to] stretch out, and its opposite shores to be filled up, [with buildings] a time was approaching when to the mass of its people may escape from the confinement of buildings and streets would be impossible. Under these in-The same principle applies to roads, walks, fences and all other [necessary] constructions [to be] of a park that must be recognized as artificial. [They] Where things are not of the essence of the park They are means to [a pr] the [intended??] use of that which is its essence, namely its [use of it] [It is not desirable when] scenery. It is not desirable that they should be unnecessarily [brought] brought under view. It is most undesirable that they should [cross] [quiet] appear as streaks [across] or dead spots upon quiet plains or slopes of queensward. The art of park making includes the art of so laying them out that they may serve their subordinate purpose without nullifying the leading purpose. As to places for games or for any form of athletic exercises or amusements, having signed to this understanding of the purpose of a park, they can be made within a park [consistently with its] [purpose] [justifying][purpose] only to such extent and in such localities as they may be without [injury] [to the] [lessening its charm] coming in conflict with its only justifying purpose, that of providing, near at hand, for the future of the city, such degree as is practicable of the charm of rural scenery. [by aims that involve] [Have] [the distinction] [of verdancy in the best of expances [mead??] A park upon this view of its purpose must be laid out with regard to those coming to it from [a] [distance] distant parts of the city and for those coming [within it] [not for those] into it; not to those looking from buildings on its border. If its scenery is laid open to those on its border [there], then the buildings on its border must be laid open to the view of [from] those within it, [whose object is to escape] It is the object of the park to [(see ?)] give those within it escape from the sight of buildings, except in so far as buildings [so far as] [except such as][in so far as buildings] [such as] are absolutely necessary to their own x comfortable use of [it] the park. [with which will] [desirably, as a wall, be in a great degree] [secluded.] [The object of roads and walks and buildings in a park]The scenery of a park of a park is to be enjoyed [from] by people coming within its boundaries [not from without] not from those in buildings without To make the scenery of a park To the P.C. of B A variety of projects [and propositions] are soon to come before your Board, some growing as details out of designs heretofore [comprehensively] intertwined, others from suggestions of [members] Commissioners, [of the city commit] of the mayor and City Council or from the representations and petitions of citizens. It is [not] desirable that they should [not] be considered, not simply as [so many] each an independent proposition but [as all as elements] as so many constituents of a comprehensive scheme looking to the lasting requirements of the future city of Boston. Boston Beginning of letter to Park Com. on the duties of Park Com. IV MTo the P.C. of B [Taking this view] The primary, [and] most distinctive and essential duty of the Commission is to secure to the people of Boston [of the city] [of Boston] and more especially to those of them whose lives would otherwise be most confined [as a measure] as a means of [health] [invigorating health] counteracting the depressing effects upon health of [a] confined artificial conditions of life, [means of] opportunity of obtaining inexpensively the tonic effect on mind and body of a broad expanses of free natural scenery. [This is an object] It is common to confuse this object with that [of proper to gardens] [namely that] of providing [for the] such means of pleasure as are formed in collections of flowers and other objects of gardening in the older and stricter use of the word. The Park Commission was unnecessary and would never have been constituted for such a [proper] gardening purpose and its right to [use its funds] take lands and use its funds for it is at least questionable. The right to use its funds for structures and buildings and objects [of art] of interest in the field of art or otherwise, except as the object is then firsthand of increasing the [ca] ease, scenery, convenience and comfort with which large bodies of citizens may be brought under the influence of spacious natural scenery.As a view [is] has often been taken of the operations of the Commission widely [different from this] inconsistent with [that] the theory of its policy then stated [m it may] the assertion may here be recorded [be best to assert] that such [different] [ must] a view is sustained by no action hitherto [not] taken by the Commission under any of its successive administrations. Examination of T. P. __ Fens - Marine- Wood Isld - Charlesbank, arboretum. Jamaica, Parkways- (Men who over [would] history of ground [for] on the ground want local properties and be improved & etc - are wrong) But playgrounds & gymnasia -as a widely different increase need [of the] not only of the function Franklin Park, Boston Functions of Park Com. Building of ordinary traffic streets not a function. Kind of attractions to be provided for in parks. mere attracting of crowds not a province of park commission.Franklin Park ? disappear if our reflection could be given to the consideration that provisions of the laws under which Park Commissions operate would not [be] [made] have been enacted as exhaustively as they have been in the United States for purposes which could be realized through the previously existing machinery of city government. ~ 8eration was given to the Park Commissions are a comparatively new element in public affairs; their functions are not well defined in the acts providing for them; the terms used in these acts being [being ambiguous and liable] [and] open to very [to be inf] [to be understood in different ways. A sound] different constructions. It thus often occurs that a sound judgment on [the] questions [thus] so [ar] arising can [often only] be [formed with] formed only after [consideration In of] reflection upon conditions not accurately specified in the terms of the acts. Of these conditions the [*have the*] 9[are authorized to make law and to cause citizens to be sent to jail for breaking them; to establish a police force of their own, and in various ways.] most important is that Park Commission cannot have [have not] been instituted with a view to supercede [provisions] means of serving the public that were previously in existence. They [are] have not been intended, for example, to provide [a] towns with roads or streets for the ordinary purposes of roads or streets. [They have not been intended to] 10[respect and to indicate the general grounds of them, in order that we may be set right if found in error.] it being obvious that if they had previously existing provisions for this purpose [If they had, street Departments] would upon the introduction of Park Commissions, have been [at the same time abolished] rescinded or restricted in their functions as they have not been. If Park Commissions lay out [public highways [it must have be if] [but] they must do so for some [special] purpose other than that proper to a street Department [with which a Street streets were laid out before they were instituted], and this purpose must be one for the benefit of the public at large, not for the benefit of [private interests]. [Ifor] The the private interests of a certain number of [cut] citizens.] 11highways these highways must [be public highways it must be for a purpose and the highways laid out by them must be] [curbed] then be planned and contrived [with adaptation to a purpose] to serve some purpose [a] radically differing from the purpose of ordering streets If they are [also] to serve the purpose of ordering streets, [they must do so do] this must be [so intended to [?] do so] not from a primary intention that they shall do so but because they are adapted to do so incidentally to their originating purpose. 12 [So] Again, it is obvious that a [a] public ground [in a city] cannot rightly be established [that is in a city] that is so large, so extended and so regulated, that vehicles [are] will be compelled to go far out of their way to get by it, thus adding seriously to [as which it now forms so serious will then add seriously to the] the cost of the traffic of a city, unless the object of establishing it is one of [unless for a purpose of much] urgent importance [that] and which can not be provided for on a smaller ground or a series of smaller grounds. [One of the assum] 13Yet the first important work of every Park Commission [has been to] has looked to the establishment of a public ground several hundred acres in extent by which 14 [the Bost Park Commissions have frequently established public grounds by which] ordinary street traffic [will be] [would be] is to be interrupted for a distance of a mile or more., [and where] In several cases where such grounds were established twenty to thirty years ago in districts that were [then] then rural neighborhoods, [they are now in several cas] their burdens are already [now in several cases whe], densely occupied by buildings for residence [or] and trade. 15Such a proceeding [can] is to be justifiable only on the presumption that [This is all wrong unless] these grounds [are in abl] in question are to be strictly adapted in all their design and management to serve a public purpose not [wh] to be served [as well] as well [on a small if at all] if to be at all served on smaller grounds. It is often assumed in public discussions that the chief value of a park [is that of] lies in the circumstance [giving] that it gives the people of a large town the opportunity of breathing better air than they otherwise [could] would -- and to this [assumption the corrolorary] 16 assumption an assumed corrolary often hangs that [pro] so long as [they] parks serve [this] the purpose of airing places it is of minor importance what other purposes they are well contrived to serve. [of airing places it is not of vital consequence how they are laid out and managed.] But [as a matter of fact none of our Park Commissions has ever selected a site for a larger park because of its advantages for this purpose] as a matter of fact sites for large parks have always been selected by [our] the Commissions charged with the duty from regard to quite [very dif very different] 17[other reasons than their fit suitability to serve as ventilating places for a city ventilators that not an dollar out of every] assumption an assumed corrolary often hangs that [pes] so long as [they] parks serve [this] the purpose [of airing places it is not of value consequence how they are laid out and managed. But as a matter of fact none of our park Commissions has ever selected a site for a large park because of its advantages for this purpose.] of airing places it is of minor importance what other purposes they are well contrived to serve. But as a matter of fact sites for large parks have always been selected by [our] the Commissions charged with the duty from regard to quite [very dif very different] 17often appear [Were had a special commission to be formed been formed in Boston at the time this Park Commission was formed to secure it would not begin its work by taking 500 acres of land by reserving 500 acres of land from building all in one body and that in one of its more open suburbs. It would rather have suggested] If at the time the Park Commission was [formed] organized a [special] Commission had been formed in Boston to secure better provisions of air for its people, its first business would have been to find means [of preventing] to prevent the fouling of air in the midst of the town by the smoke of [qunt] factories; [in the heart of the town; town; to prevent] to restrict the height of buildings on narrow streets, to secure the widening straightening and extention of [streets with] streets by which means copious currents of air would be allowed to sweep from water side[teries, & where] differences of [openess] inegant upon them have bred irritations and prejudices and led to efforts to af- [ulous quarters and by adding to the number rather than the size of [open spaces] open places, squares, commons and gardens of restricted areas.Taking up] Again taking up the problem of [ventilating a town securing] giving the people of Boston better air in a business-like way, no man would contend that [the best] an intelligent solution of it was to be found in preparing such a place as Franklin Park or by such crooked, winding, up and down, thoroughfares as air con-contemplated in [the] recent purchases of land by [the] your Commission for park-ways. The Philadelphia Park Commission would not have taken 3000 acres of land far out in the suburbs of the city, through the midst of which [ran] already ran a broad river and a [?] volume of fresh air. New York and Chicago would not have found parks on water sides already perfectly open to air [from f] [?ing] from larger bodies of water. Another [mistaken] egregiously mistaken assumption [that] often appears in phrases implying that anything is desirable that will make a park more pleasing, attractive and popular. Half the money that has been already expended on Franklin Park could have been easily so used as [to make it to bring ten times the to make it more all ? and to bring to it number of visitors to that as have have drawn to it.] to make it much more attractive than it is or ever [will be] can be made under the adopted design for it; could have been easily so used that ten times as many [visitors would as yet have been to been] visitors would have been drawn to it as yet have been. [Nor can it be consistently] Again, it is often assumed that the [object] purpose for which a Park Commission is constituted is to provide [opportunity for recreation] the people of a city with recreation and that anything introduced into the plan of a park must be considered desirable that adds to its recreative qualities. It must be easy at slight cost to double the recreative [attractions] qualities of every park in the country. When the law providing for [custom of hanging] leaving the bodies of certain offenders hanged in chains by the side of suburban roads [highways] roads in England was proposed to be abolished, memorials were presented and urged in Parliament remonstrating against the measure on the ground that it was a recreation to citizens [as] to go out [and] from time to time to see their bodies as they gradually rotted away [and] To the reply that such a form of recreation was not elevation [it] the rejoinder was probably [replied] made that the [walk out of town to and from the gibbets to which people were led by their desire to see them was favorable to their health] [*24*]walk out of town which people were led to take by their interest in the uncanny [sight] spectacle was favorable to their health. [*Time fleeting as to loan*] [There is but one purpose that will justify] The laws under which Park Commissions have proceeded, and the more conspicuous and costly measures that they have taken are to be justified only upon the ground that a purpose has been entrusted to their intelligence that could [not] bewalk out of town to which people were [has had] led Boston? Attitude of Park Com. on the introduction of extraneous objects into the park. Some limit of the uses of a park necessary as precedent sets no limit. Parks limited to recreation by act but recreation may have a large personal bias. Recreation a matter of fashion Difficulty of drawing the line for letting in special amusements on the score of morality, popularity 26[?] of [?] for which any [pretence] greed of presumption can be [made] found that they would be of service to the public - [a volume would not be sufficient for] we could fill a hundred pages with an enumeration of the objects for which [worthy men have] it has been sought to [obtain] in some way obtain admirers from park commissioners, and with regard to which it would not [nor would it] be possible to state any rule or principle under which it can have been right to yield to some and to deny others. [The consequence is that any] 27 [park commission is under importuned pressure to aid, generally in some indirect way, all manner of projects; many] of such projects a part are benevolent and patriotic; [many] a part selfish and base, many are mere hobbies of taste of cultivated minds, many more [uncultivated and un] hobbies of uncultivated and undisciplined minds. [The same park has at different periods been under the direction of [different] successive commissioners, those of one period objecting to objects that have been entertained by their predecessors [another]] 28[The] A necessity [of adopting thus arising for] will thus be evident for adopting same principle or theory by which a limit to what shall be undertaken in a park may be fixed. [will thus be evident.] But there is a quarter necessity for doing so in the fact that the composition of Park Commissions, must from time to time be changed, and that newly appointed park commissioners [may at any time come in who are representative of the]The necessity of adapting some principle or theory of the purpose of a park that will not give equal rights to may be bent upon accomplishing objects that cannot be accomplished without a waste of much that has been done by their predecessors. The lack of any fixed principle of limitation in the minds of newly appointed park commissioners has, in fact, led in several instances, to very serious waste in this way. 30 [*may come in to where the main purpose of their*]may have objects strongly possesed [be strongly purposed to undo diligently and at great expense to undo what had been done by them [for] [them] predecessors.] ¶ If a Commission is to be governed by custom, precedents may be found for the introduction [for example] with public parks of churches, [and] hospitals, theatres, [and] ball rooms, museums, club houses and even of private residences; for the most hideous of monuments and statues; [and for the most childish of shows and the most debasing of [?minatures.] 31for the most childish of [entertainments] recreations and the most frivolous or even harmful and demoralizing of [recreations] amusements. [*Interest of the public*] There is no duty of a Park Commission equally important than with that of fixing some limit upon the purpose or purposes for which parks, park lands and park funds shall be available. To [do so, it] fix such a limit a pk com will will [naturally] first look to the law under which [is appointed] it is established 32 Passage taken out here, proposed to be incorporated in report to Boston P.C. (as to definition of purpose & meaning of wood Park) 33[?] [?] change order in [dr?sh] what follows: 24th page [ahead] ahead # [how a hobby is taken up by a great many people even possibly for a time by a majority, of the population of a city [may be infected at a time]] If this can be said to be any [general and] settled public opinion as to a limit upon the objects to which a park should be adapted, it may probably be expressed by saying that in the [It may be said that in the] acts establishing park [?commissions], the word recreation is to be understood as prefixed to the word parks, and that the purpose of the business of a park commission is there to be determined. But does this rather broad assumption help the matter much? There are a great many pursuits that are recreative or otherwise according to the motive with which these are engaged in. [?ment into this cellar to saw wood for recreation. Suppose that we say that the question commissioners are rather apt to assume that the question] 36 It is neither of a distinguished [obvious] [p?reacher] that when he needed recreation he went to sawing wood in his cellar. [Suppose that it is held that the question] There is an account of a man who made a practice of going to funerals for recreation. [M?] years ago it was said to be a common recreation for fashionable ladies to visit the dirtiest and most loathsome and altogether sad and depressing slums of London. By regard to what [Suppose it is said that the question] 37rule or principle shall [the] Park commissioners decide what forms of recreation shall be practiced in a park? Suppose they say they will admit such as are allowed on other parks. This will allow walking driving, riding bicyling, dancing, swimming, rowing, sailing skating curling, toboganning [?] croquet, tennis, bowls, racket, archery, target firing, kite flying, merry - go rounding, musical concerts, Punch & Judy, theatrical entertainments, foot races. many kinds of horse racing 38 and many kinds of ball-playing. All of them and others [and others] are prepared for or allowed in one park or another, though not all in any. How shall an discrimination be made among them? Some cannot be allowed without [very] costly provisions are made for them in advance; some would cost the city nothing. Some would be used by [a] few some by many. Is it to be determined by regard for public demand? Public 39demand in matters of recreation is a good deal a matter of fashion. It varies from year to year and it is not difficult for a few men interested in some special amusement to get up an appearance of a great demand for it. On an occasion a petition was presented for a certain provision for recreation on a park so numerously and respectably signed that for a few days it had great weight. Investigation showed [that one man with a personal selfish interest, was] 40 But suppose all the forms of recreation that have been mentioned have been provided for and a genuine demand appears to come from a numerous [and weighty] body of taxpayers, who [represent?] that to them none of those forms are of personal use. That their favorite recreation is still unprovided for? Are they to be satisfied [by] with the rule that only such shall be allowed in the park as are found in other parks? Is such a rule just? 41that [the petition] it had been prepared to serve the commercial interests of one man and so far as could be ascertained not another of his signers wished it to be granted except as a favor to that men. Certain conspicuous objections to the object being pointed out [?] the most prominent signers [they] at once agreed that it would be most undesirable.at the bottom of it, and that [all] the names of all the other signers had been added to his Is it not hard that they should pay for other people's recreation and not be allowed their own? Yielding to this kind of argument in the case of one new form of amusement, where are you going to stop? If there are several hundred citizens who ask for a cock-pit, or for an exhibition of wrestling or sparring, or bull-fighting for which lost public provision has formerly been made[was less anxious to provide the city with the least practicable park advantages, than to avoid giving any part of the city markedly better park advantages than [another] they could give another] in more than one of our Southern towns, on what ground are they to be denied? The ground of morality? But there are wide differences of opinion in regard to the morality of many amusements that are now allowed in public parks, and it is certain that the opinion of successive Commissioners would so vary that amusements that would [be forbidden one year might be allowed the next and ] 44be favorably regarded one year would be objected to the next, so then if, for example, at one time, a theatre or a dancing hall should be built, a few years later it might be closed or torn down. [*45*]be allowed and you would Boston Duties of park Com. IV - continuous. 46[and have] and we have been much impressed with the conflict of opinion upon them that has appeared [in every community concerned,] [with] and the apparent unconsciousness of those of each party holding opposite views that the soundness [can be] of their own could be open to question - We 47and have been impressed by the conflict of opinion in the communities interested Where this is not equally the case as to the purposes had in view in the constitution of a [what is wanted] park department. [ ¶ It will hardly be questioned that there are some kinds of service to which the ordinary rule [would] does not apply. It does not apply to the purposes of the Harbor Commission in Boston for example. It does not apply to the [treatment of more cases in a city hospital.] [If a Committee were charged] management of a public hospital. [If a committee were charged to] [to oversee the process of a historical painting] oversee a work of historical painting or sculpture, [on groups of statuary] for a public building [no one will imagine can support] It is not to be supported that a better result would be secured should it be provided [Then from time to time: a city com sit] [told that if] at a given date ahead public opinion was not thought to be satisfied with what would then be seen in the work, the committee would be retired and replaced by one of a different political complexion.] 48As we have been asked to consider and report [to you] upon some of the pending matters to which we have referred and to propose plans in respect to others, we propose, with your leave, in the present communication, to submit certain observations upon the question more or less underlying all of them, of the fundamental responsibility of Park Commissions. If your Board should take a different view from that which will be thus presented it is desirable that we should instructed accordingly before further pursuing the duties that we have in hand. It is that the nature of the service wanted of th? other purpose to be accomplished is of a different nature from that for which other departments are constituted of a nature so differing other Departments is of] are of such a character that anxiety on the part of those directing them to continuously satisfy the public opinions of the day [as represented by the City Council and otherwise,] offers the best assurance that they will be suitable served, but [but the nature of the service wanted of a park department is of such a character that, if those directing it should be anxious that what they would be able to show at the end of a month or a year or two years ahead, should be in itself pleasing to the public, or should satisfy public expectations,] If a park commission does not [act] move officially with [a] an unusual degree of [ap] superficially apparent self sufficiency [in this respect] [independence of the wishes of his fellow citizens that would is not to be expected and of most [?] public servants,] it is plain that he is not acting in the spirit [expected] demanded of him by the [la] Law. The evident assumption of the Law is that the purposes for which other departments have been constituted He is rightly to be reproached for [it] such seeming self-sufficiency only when, upon thorough examination, it is not to be believed that he is [taking a] compelled by a sense of the special responsibilities placed upon him to look more searchingly toward [the] future [results] and lasting results than citizens [occupied with] concerned for [concerns of] their own immediate gratification are likely to do. 51 The evident assumption of the Law is that the purposes for which other departments have been constituted [Dear Sir, In the consideration of various matter now pending questions will rise of the distinctive purposes and functions of your Board, of the limits of its field of duty and of the lines of division between this field and the fields [those] of other departments and offices of the City Government. We have had occasion to follow the discussion of similar questions in a number of other cities and to notice that [every] wherever a park commission has been established, its members are thought by some of their fellow citizens to take too narrow and strict a view of the business committed to it, by others to be too lax and assuming in this respect.] But the division of opinion which is most liable to occur and the confidence and tenacity with which radically different views of the nature of the duty resting on park commissioners may be held, has been no [where] where better illustrated than in the controversy which has been had here in Boston upon 52Should our views of the obligations of the Department to the community differ naturally from those of the Board, our work in devising these plans will be wasted. For this reason, and having [regard to] regard to the conflicting, vague and uncogitated impressions upon the question that yet prevail in this as in other communities, we shall attempt now to submit our views upon it, and to some extent the grounds of them. To these views we believe that, with more or less wavering, the drift of judgment has been trending of those Park Commissioners throughout the country [w] who have applied to the question that most deliberate and mature reflection. To these views also, it has appeared to us that in cities where Park Commission works have been most advanced and are best known, public opinion is much the most inclined.Should our views of the obligation of the [Board] Department to the community differ materially from those held by [members of the Board] There are at this time numerous [matters] projects before you Board some of detail of [plans] general plans already adopted; some [of] entirely new departures, with regard to which we are under instructions to prepare plans for your consideration. [Should we proceed not in accord with the views of the Board upon the question of the its paramount duty to the community, our labor would be wasted and develop regrettable delays occur. There would be regrettable delays in the Board's obtaining what it it needs of us.[trespass, views to the right and left are restricted by orchards and buildings where they are not shut out by fences and ledges. The roads and often Passage] [m?] passages along the roads leaving out of town is more often made unpleasant by mud and dust, by the glare of the sun reflected from stoney wheelways and broad side walks, [and] by numerous heavy teams, [and by] by what are called road house, [and] by more frequent small and often disreputable drinking places and by the unrestrained rude conduct of those who may be encountered. It is [rarely] often hardly possible for a man to take a pleasant walk with his wife and children in the outskirts of a city. It is [rarely possible] often impossible for him to [go out to any] take them to any point where he [may himself have] himself when young may have been taken by his father and mother to enjoy any extraordinary passage of natural scenery without finding it defaced by shabby artificial constructions, often of a positively squalid character, without paying an admission fee, or without being compelled to see and hear much that [is destructive of the sentiment that] will be counteraction of the influences that he seeks. 57 What towns people must thus load [as towns] if towns are to much further increase in business and in population, what women and children and infirm people must [?] is felt by some to be a very great loss. [That many now do not feel it so,] Many who do not feel it fair to do so only because they have lacked the education that can come only through the use of suitable means of enjoying simple scenes of a broadly natural character. ¶No where can this [great evil of] misfortune attending the growth of cities be wholly prevented or 58overcome. But the convention obtains that something can be held, something [ca] be saved, something restored, and that even for [that which] what must be lost of the primative charm of a pleasant [farming region] sparsely populated farming region, some compensation [can] is not impossible to be secured. (To secure it is the first business of a park Com.) The more fortunate city naturally what makes it fortunate. The vicinity of that Boston? Impossibility of providing for every sort of amusement & recreation. Difficulty of finding out the true public opinion. Example - Race Track on Central Park opinion fostered by stable keeper Recourse to the circumstances accompany the passage of the law. Growth of townsbut equally from cricket and hockey balls. [but from the flying missiles of ball players. They must be kept apart and may soon] one set of players must be kept apart from others and very soon it will be found that in the largest park [there is not room] [was] not half the space called for can be given to various forms of recreation for which there appears to be a considerable public demand- [In New York Central Park of 840 acres there is not nearly enough a with part of the space available for tennis playing that would be used if ample facilities for playing tennis were offered. There is a quarter length of well prepared bridle road in the park than in any other in the world, I believe, but [no numerous]but from the flying missiles of ball players. Obviously [?] but restricted space can be allowed for There is a quarter length of well prepared bridle roads in the Central Park of New York, I believe, than in any other public park in the world, but 63strenuous efforts are [nearly every year] made every year or two to arrangement this particular means of recreation. [and] There are but two reasons why the apparent public demand [in this respect] to augment them has not been yielded to. first, no scheme could be proposed that would not injure the park as a place of recreation in some other way equally desirable to be enlarged, and second none of which the cost would not be thought extravagant by most tax-payers. [extravagant.] In considering this branch of the subject, [you must remember] it must be remembered further that it is an easy matter for a for a [hundred very few men out of a population of a million, it the hundred are much in earnest] 64 few men if they are much in earnest to make a very strong appearance of public opinion. [I] We have seen several illustrations of this in the proceedings of park commissions. Once [I] we made a journey of nearly a thousand miles, post haste, at the urgent request of the President of a Park Commission who wrote [me] us that a tide of public demand had set in which [en f?d] would be irresistable in favor of making a race course in a public park. When [I] we arrived he showed [me a] us a petition for the purpose signed by a few well known and respected men & many more not well known[I called at once] We at once called on the most eminent and influential of the [signers] farmer and induced him to go with [me] us to the park [where I we pointed out to him the folly of what was proposed] and consider the probable consequences. In less than five minutes after he had been told so he was ready to head a remonstrance against the proposition. [And so it was with others. more or less with all the ? could see.] In the end the Commissioners were satisfied that the supposed [was solely the] tide of public opinion had been wholly moved by one man, a livery stable keeper, who had employed skillful agents to procure the petition and obtain signatures [to it, and afterwards ? a highly displayed newspaper notice in which it appeared as a great popular movement.] 66 to it. He even succeeded in making more than one editions between that there was a strong popular movement for his object. We have known a [similar] movement for introducing a new gate and entrance [road] road into the plan of a park engineered with equal [success by one man, who a man who cess by a ?] for a time equal promise of success by a man whose sole interest in the measure was that of the corner of a dram shop opposite the propose gate. It hardly need be pointed out what dangers would be in this direction but for the arm of the law to make Park Commissions peculiarly independent of momentary gusts of apparent public opinion. 67[I hope that I have succeeded to make you realize that I said truly that neither in law or by custom or through an established and unquestionable public opinion is the object of the business of park commissions distinctly defined. I need not I hardly need point out to you what dangers live in this circumstance.] Suppose you go into a ships yard and find the keel laid and timbers fitting for a vessel but that opinions vary among the constructors as to whether 68 the vessel is to be a freighting schooner or a sloop yacht; a steam ferry boat or a steam tug. That would be bad business. And so a like unfixed [definite] purpose would make bad business of any human undertaking. [You may say that the remedy is to adopt a plan. Unfortunately that is no remedy because a ? finding at any time,] 69and yet you may ask if the difficulty in its application to the business of a park commission is not theoretcial rather than practical. [I] We may express the result of [my] our experience, perhaps, in this way. 70 [You may ask if, practically, this indefiniteness and uncertainty of the purpose of park commissions and the differences of opinion these grow out of it are of much practical consequence. I answer that they are. They cannot will be estimated too highly. I may express my opinion best perhaps in this] The city of New York in [my] an opinion might have had a better park than [she] it has at a saving of five millions of dollars, if the views of what is wanted in a park [had] that seem now at last to be pretty well settled down upon in that city, had been clearly held from the inception of 71 [If not distincly defined in law in custom or established public opinion, where shall the object of the establishment of park commissions be found.] [I answer in the circumstances that have will] the business and if any step in its progress had been a clear headed adaptation of means to ends in respect to that want. [If it was worth while I am we are confident that I we could make this so probable to you by going into particulars that you would not need to accept as a matter of opinion.] [I] We come then to the question what want of the communities for whom they act [is it] can it reasonably be held to be the proper business of park commissions to meet, and what limit can be placed upon the demands that should be made upon Park Commission by considerate good citizens? [What standard of criticism applies to their work? For what ought they to be held accountable?] 72X Failing to find in the words of the law any sufficiently definite statement of the object for which they are appointed to what should Park Commissioners look for instruction on the point? The answer seems to be that they should look to the circumstances under which the law was passed. [or rather such a case as that of the Rochester Commission to the circumstances under which] or, rather, the law in the case of each Commission [is established] being one of a series of laws similar in title and purport, that they should look to the circumstances under which the series has been passed, considering whether their circumstances establish the fact of a popular [?t] to which under any reasonable construction of the purpose of the law it can be seen to have been intended to supply relief. The Rochester law is one of a series all passed within forty years, all 73Failing to find in the words of the law any [such] definition of the purpose committed to them [as practically limits their duty that] applicable the conditions of the large and growing towns, all [pressing?] for a board of Commissions called Park Comissions and having many other provisions in common. It happens that a little more than 40 yrs or soon after [with] this introduction of rail roads [?] very [un?able] social circumstance [is] are to be noted [in the] the first being an unprecedented movement of population [to] certain towns, the second an unprecedented tendency of townspeople to separate their places of residence from their places of work and to extend the outskirts of town, [so that, relatively their population, towns now spread over a much larger are than thing and fifty or sixty years ago. as a consequence It is] by spreading out their dwellings, leaving larger & larger spaces between them 74Preservation of scenery different from " of natural objects. 75 It must be observed here that the presentation of natural scenery is a very different thing from the presentation of natural objects. Natural objects, trees [and flo] bushes and flowers, for example, may [easily be so] be presented to great advantage as single objects, or in groups, [and] compositions and spectacles in themselves of great beauty and splendor, yet not only without the least charm of [natural] scenery but with distinction to any preexisting [charm of that mature] charm of scenery in the locality taken for the exhibition. 76[??] Scenery natural to the region - not exotic 77 Central Park. 78[Park Commissioners should take] The designers of the plan adopted for the [first] first of our American public parks, [stated that] publicly stated that it was conceived wholly with regard to results to be fully attained only after a period of growth of forty years, and that however [rapidly] soon it might be made to begin to yield returns for the [cutting?] to be made upon it, the full dividends to [t] which the city would be entitled from [from the investments to be made in it] its investment should not be expected sooner than that. 79At the bottom of this feeling Thirty three years of the period have now been passed and there is not probably an citizen [of that] of the town who has a thought unfavorable to the management of the work except that the policy thus advised has not been more thoroughly and steadily pursued. It is universally recognized that it was a policy of the [somed] soundest economy and that it has greatly strengthened the financial [condition of the town] standing of the city. 80Arnold Arboretum & City of Boston. 81 Having the honor to be asked to assist in planning the proposed Arnold Arboretum of Harvard College and at the same to advise in regard to a system of [out don recreation grounds] public grounds for the City of Boston, and the suggestion having been made that the objects had in view by the city and the college might be in some way associated, I have [formed the a crude outline of a project for a cooperative for that purpose] informed myself of the views of the Commissioners of Parks and of [the] a portion of the Trustees of the College and endeavored to form a project which [I could before could lie cut] might have some chance of success with each... 82It is an easy matter to plan [an arboretum] a collection of trees which with no [heavy] great outlay for construction or material would be much more complete better arranged and more skillfully adapted to usefulness than any which the wild has yet possessed. Such a collection would have a character and value with reference to Botany and allied sciences which the museums, cabinets laboratories and libraries of the college have with reference to Zoology, Geology and Chemistry. It would have greater popular attractiveness, [tion] would afford more direct popular instruction and its direct contributions to arboriculture and the useful arts would be [more obvious] frequent and obvious. It would supply [as] standards of nomenclature which could be found of equal value nowhere else and reference to these would be constant from great numbers of interested persons throughout the country and beyond it. It would [be a means and encouragement] offer important means & stimulus to the original study of vegetable forms [in the decorative arts, a matter of much public moment.] especially in the [?dec] department of the Fine Arts. These are all objects to be cherished by the college. 83 However reluctant the college [?] gage directly in such an under[?] at this period it is much to be [desi?] [with in plans] if it is to underta[?] arboretum that it should do so only upon a [p?] and with a view to a foundation which will admit [of] the ultimate development of [such] an institution [of] approaching at least the scope and character which has thus been indicated. Having such a purpose in view the fir[?] step would be to secure a site [possessing a considerably var] offering a considerable variety of conditions, [as to the quality of soils] in soils, aspects, degrees of moisture and otherwise in order that each species to be represented in the collection might be placed with some [of] degree of appropriateness. 84[a site would be desirable the proportion the extent respectively of rugged [?] steeply inclined, gently [inc?] level, dry, moist and [?] [ltered], coolly exposed and [w?] [?d] ground rich [canp?] [?ly] poor surface proportions be in [cer?]] [?]. [The site in [question?]] ¶The Bussey farm site [certain] has a [gr?] excess of certain conditions [in these] [?] a marked deficiency of others. It has, for example, not more than 5% of level sheltered, moist [ferti?] land. The project would add value of the site in this respect No approach.Arboretum [Inquiry from what has occurred in other cities] The adoption of some of them is likely to lead the [city] Boston into undertakings involving outlays [not only] not only for land and constructions but continuously, in all the future, for maintenance and repairs [prins pairs, and thus in fields the Commissions duty to enter which will by some be questioned and in which its responsibility will at least be complicated with that of]The adoption of some of them will lead the city on to undertakings involving [not only arb] large outlaysThe Honorable T.L. Livermore, Chairman of the Board of Commissioners of Public Parks of the City of Boston. Dear Sir, An unusual number of questions and projects have lately come before your Board in the discussion of which some regard might with advantage be had for the experience and the general drift of judgement of other Park Commissions. It has occurred to us that it might serve a good purpose if we should lay before your Board some of the information in this respect that we have had opportunities of acquiring these opportunities growing largely out of the fact that we have had part professionally in the counsels of more than twenty Boards of Park Commissions and have followed the history of [a numbers of] others, studying their reports, examining their works and conferring personally with those in direction of them.[The Honorable T.L. Livermore, Chairman of the Board of Park Commissioners of Boston. Dear Sir, An unusual number of questions and projects have lately come before your Board in a full discussion of which consideration would wisely be given to the experience and the general drift of judgment of other Park Commissions.] While no two of our American Park Commissions are constituted quite alike, the general aims and methods of nearly all are sufficiently [so to] akin to allow them to be viewed collectively, [and] as an institution with [slight] local variations. [While no two of our American Park Commissions are constituted quite alike, they are all sufficiently so in general aims and]While no two of our American Park Commissions are constructed quite alike, none vary so much from a central type that a collective view [with advantages be regarded col] [While no two of our American Park Commissions are constituted quite alike, the variation from a central type of none of them [bodies] is so great [?] [?] may not all be considered as variations of a single institution of many branches.] Examined in that light the first common circumstance to which we would ask alteration is [the one?] the Park Commission, as a Department of city administration, while it appears to be firmly established, is of such recent introduction that its value is no where yet to be [judged by its works. Probably a majority of the Park Commission works now in progress in all the country have been]fairly judged by its works. The first definite undertaking of your Commission, that of the Fens, was entered upon thirteen years ago. The territory to be dealt with was comparatively small, hardly exceeding a hundred acres in extent. A million [of] dollars has been expended upon it but to this day the larger part of all the work [that has been done upon] done has been that of grading operations and road-making; [disposition of raw materials] That is to say, chiefly the disposition of raw materials [below the intended finished surfaces] to remain concealed beneath the intended finished surfaces. Any thing pleasant to look upon that is to come from all your outlay will come as the results of the growth of certain plantings and sowings which [are yet in] plantings and sowings are yet incomplete, and when complete, will have cost but a trifling fraction of your total outlay. There are very few of all the citizens of Boston, not probably one in a thousand, who have [had] had such training as is necessary to enable a judgment of the slightest value to be formed upon the question of what these results [will] are to be; and among a hundred of those best qualified for the duty the judgment of one half of them might differ considerably from those of the other half.to see that Obviously there is nothing to be seen as yet, after eleven years, from which [the ordinary citizen a citizen of ordinary] a citizen ordinarilly well informed and intelligent can form a fair judgment as to the design of this work or as to the economy [of the operations] with which the operations have been directed. And we may say that we have known no other community in which the state of the case in this respect could have been expected to be as [well] generally appreciated as it has been in [Boston] that of Boston. We have been surprised at the patience and forbearance with which the tedious progress of operations in the Fens has been generally regarded.[significantly very few of the citizens of Boston can, as yet, have an intelligent opinion from personal observation of the value of the work what has thus far been done; of the degree in which the work has been judiciously conducted, and economically conducted or of the course of management needed to be pursued in the future to secure the intended harvest.] It is true that [it has been] this has been in some degree, an exceptional case; the amount of preparatory work required having been unusual. [but the facts stated show how entirely untrustworthy foolish and wrong it would be] We have cited it [to show] but to exhibit more distinctly by an [extreme case] instance acknowledged to be extreme, a difficulty which more or less formidably stands everywhere before the Park Department [any where] of city governments and which, if [it is to have a] the Commissioners are to earn a respectable success, has to be met manfully. [What this difficulty is may be [more?] [fully] fully set forth by [this way] a statement which we can make as a result of observation [under] in many [different communities,] widely distributed communities, which is this: For a long time after the appointment of a Board of Park Commissioners the community whose servants they are is pervaded][foolish and wrong a Park Commission would be that should aim to follow rather than lead public opinion. Its position in this respect is analagous to that of a Board of Health.] It may perhaps be more fully set forth in this way. For a long time after the appointment of a Board of Park Commissioners the community whose servants they are is pervaded[The general fact this illustrated points to a special difficulty with which Park Commissioners have every where to contend, namely that for ¶ For a long time after a Park Commission has been established, the community whom it serves and whose mon earnings it is spending is pervaded] in a singular degree with vague, confused, incoherent and inconsistent [ideas] notions of the nature of the benefits which are to come to it from the Commissioners work. Large numbers of it will have expectations widely conflicting with the expectations of other large numbers. [Conflicting expectations in this respect are common.] There is no other public office in the United States concerning the essential use and reason for the existence of which there is as little clear common understanding and intelligent agreement. such public opinion as [really] exists [Public opinion] being thus divided as to what should be expected it necisarilly occurs that on [Certain][How this appears and certain consequences of it we will first attempt to show. Public opinion, being much divided, as we have said, though not on clear and definite lines, as to what should be expected, it necessarily occurs that on] whatever view of its duty a Park Commission may act, its action cannot be that which [differ much from this which] many will have expected of it; cannot fail, consequently, [to] [for a time.] to cause dissapointment and dissapointment. [*And dissapointments [and failures to be pleased] with what a Commission has done are the more likely to be felt for the reason that much the larger part of its entire work is often, as in the case we have cited, preparatory work, of no value in its immediately observable results.*] [much the larger part of the work of a Park Commission as we have said is necessarily preparatory and the immediate results of it are crude. Before its intent can be] Before the intent of this preparatory work can in any important degree be realized, that is to say, the forces of nature must have been operating for a series of years upon the basis which results from it. [for a series of years] [upon several years. This long period of probation for Park]During the preparatory period those to whom the immediate results have not been a surprise are much less apt to express their views than those to whom they are a dissapointment Remonstrances, memorials and petitions often come to Park Commissions for the latter purpose. [Such manifestations of dissapointment, dissatisfaction and distrust as we indicated to be usual do not proceed alone from citizens in their individual capacity. They often come in the form of remonstrances, memorials and petitions.] We recall no instance in which any number of citizens have united to testify to Commissioners their satisfaction with their work, but many in which Committees, deputations and delegations claiming to represent an important element of public opinion, have appeared [before Commissions] to represent dissatisfaction. Sometimes they have been formidable in numbers and have assumed a threatening attitude. [Your own Commissions, it may be said, has thus far been remarkably fortunate in this respect. Considering certain difficulties almost peculiar [to it] to the local circumstances, perhaps more fortunate than any other in the country.] In several [towns] cities the majority of the newspapers and the city council, assuming to represent public opinion, have done all that was possible to place obstructions in the way of the commission; in our case the Commission has been unable to proceed in its duty until it had obtained an order of Court [restraining the City] compelling the mayor and City Council to abandon the position they had taken. [The results of the] and it may be worth while to mention that the result of theYour own Commission, it may be said, has thus far been [ingular?] remarkably fortunate in this is resolution and peseverance of the Commission in this case was a few years later, [an extreme popularity] a degree of popularity that was almost [by [?] is disposition being] burdensome, a tendency being evident to place undesirable responsibilities upon it. [Manifestations of the dissatisfaction and distrust in the in the earlier years of a commission such of citizens with the work of the Commission are by no means limited to private do not proceed]It is noticeable that when [when] organized bodies of citizens ask a hearing from a Park Commission it is nearly always with a purpose [?] often around, sometimes hidden, [?] to induce it to take some action specifically for the benefit of a comparativelyGenerally the avowed purpose of [situations is to induce the Commissioners to take action for the exclusive benefit specifically of a comparatively] small subdivision of all the people of [a] the city, as if the owners of a particular body of land, or of the practitioners of a particular [game or form method of recreation. In these latter cases, especially, a definition of the duty of the commission is often assumed that will bear hardly the slightest examination. For instance, it is often [said to be] taken to be its duty to provide [places and] means of recreation for the people, and these having been [done] provided for certain numbers taking their recreation in [various] certain ways other than that desired by the applicants it is held that justice]method of recreation. In the [these] latter case, especially, [a definition of] an assumption as to the duty of the Commission often appears for which there is not the slightest warrant. [Commissioners are told that, as they have made it practicable for certain people to [take recreation in certain ways] in ways in which they are [to use] practiced, justice requires that they should make it equally practicable for other people to take recreation in other ways which they prefer] [Certain] Numbers of citizens in every community are disposed to find [their recreations] recreation in methods entirely different from those preferred by others. Means [being] having been provided [for] by Park Commissions for certain [recreations] methods of recreation [it is] the assumption [often] appears [in representations made to it] that justice requires that those who do not [benefit by] use these means should be provided with other means; that it is simply a question of the numbers desiring to engage in any form of recreation whether provisions for recreation in that form should be [provided] supplied at the expense of the city.one class [to take recreation in ways which [they] these people like and in which they are practiced, justice to these who do not like these ways and who are not practiced in them makes it necessary that means should be provided for [them] [to] these other citizens to take recreation in other forms which they do like and in which they [are] may be practiced.] Very intelligent men and good citizens [and tax-payers] have often taken this ground but it must have been without considering [of] what it involved. In Spain city governmentsmake provision for the recreation [of] of their people by Bull fights; in Mexico by cock-fights, provisions for neither of which forms of recreation would these citizens [probably] think desirable to be made by a park commission, if even a majority of a community should desire them. There is no limit to the variety of forms [in] of recreation for which, under such a view of their duty, Park Commissioners [may] might be required to make provision; no limit to [what] the spaces of ground [and of the] or the drafts on their financial resources that they [may] might be asked to devote to these forms. The late Mr Barnum once sought permission to occupy a part of the finished ground of the Central Park of New York [with his "great [?] show"], promising to give an exhibition that would be many-fold more attractive [and more recreative] than any thing the Commissioners had to show for all they had spent upon it. There is not the least doubt that he could easily have [done it] kept this promise. [There is even less doubt that the Legislature could provide an attraction that would [enable a] bring several times a year much larger numbers to the Park than]But the commissioners were of the opinion that in assuming that it was their duty to favor whatever would add to the attractions or increase the recreation of the profile on the Park, [should be allowed] Mr Barnum misconceived the nature of their business. [as many other citizens had done.]But it was the opinion of the commissioner that [have not ever been drawn to it by simply enacting that all executions for murder in the city of New York [should by] should be made upon [it] in open view of the public upon it.] When a bill was before the British Parliament providing that the practice of hanging [a] certain classes of criminals "in chains", leaving their bodies exposed until by decay their bones fell out [to the ground, ] remonstrances were received in which it was stated that as executions of this order were [always] usually made outside of large towns but at a distanceBreak [He is entitled to no fee; perquisite or property advantage in any form because of his position as a Commissioner.] In connection with others of his Board he can cause the landed property and the homes of citizens to be taken from them against their will [at prices much below those at which the owners value them] and he can dispose of large funds which have been obtained by loans to the [independence unbecoming public servants. [Yet] Oftener the change is made that the operation of a Park Commission are largely directed to [the satisfaction of particular] meet the wishes of particular classes of citizens, as, for example, those living or owning real estate in the neighborhood of [their] the park works, of street car companies or of those who come to the [parks in] parks in their own carriages in distinction from those coming by street cars or on foot. Yet [?] it is complained that not sufficient regard is paid to the interests of particular classes. In some cities favoritism [is charged] or the opposite is charged as to one class, in others as to another class of interests. [It is not to be supposed that all such charges are unjust It is ? that such charges against Park Commissions are studied with care] [He is entitled to no salary, for perquisite or [personal property benefit in any form] advantage in property in any form because of his position as a Commissioner. [He has large sums placed at his disposal] Large funds are given in trust to him jointly with others [park commissioners] of his bond which funds are obtained by loans to be] paid many years after wards and mainly by a body of tax-payers whose interests in the results of the operations which his bond directs, he has no right to sacrifice [to meet the demands the wishes the interests the wishes the demands of the present population] from regard to the interests of the demand, however presented and urged of the living population. [though these may be present by ? these may be represented in city ?uals or by even so strong a pressure of the public opinion and p? and social influence of the day.] He is in this respect a trustee, unpaid &, therefore, a trustee on honor, for persons unable at present to [advocate] stand for their own interests,and there is no duty resting upon him [so] with such imperative moral face as that of protecting the [fu?] general interests of the future [entire] population of [the] his city as a whole from dangers [that would grow out [of] [gus?] to which they would be exposed more demands to be yielded to [either growing out] such as are liable to grow from impulses of personal cupidity and personal tastes and habits, or, from any a less [per? grievous] selfish, far seeing and comprehensive view of the business committed to them than the law [plainly] contemplates that they] gus to which they would be exposed were the business to be conducted on the principles [individually] individually ruling in the management [of matters of city business.] of such city business as the laying out of streets, paving, lighting, sewering and so on. It is reasonable to assume that it would not have become customary to place park[they should ?] ¶[It would not have become and remained customary to place park] commissioners in a [an unusual] position so far differing from that of most other [departments of city government were there not reason for] citizens given changes of city works had there not been reason for thinking it necessary to the accomplishment of the [objects] purpose to be committed to them that they should act with a [rare rare degree of] special independence of ordinary political, commercial personal, and social influences and with a clear recognition of [their duty] a special duty resting on them to consider questions to come before them from a different point of view from that ordinarily taken or that can reasonably be expected to be [taken by citizens generally or by their [annually] elected representatives. The evident assumption of the law is that the purposes for which most other departments have been constituted] [No one can form a respectable judgment [upon] as to the justice in particular cases of such charges without a much closer examination that][Such charges have perhaps been sometimes justly made generally this injustice is to be seen upon a slight The injustices of such charges is often would often be made evident by a slight examination of the position in which Park Commissioners are placed by the law. [For example, a commissioner is very little under the control of any? body and is unmoved by annual] commonly holds office for a series of years independently of city councils, or of annual elections. He receives no salary fees or perquisites. example ¶A park commissioner commonly receives and hold his office independently of City Councils and for a series of years [sometimes for] in many cases from five to ten. He is neither a representative of [no] not under obligation to any ward, neighborhood, party, faction, class or special interest. [but is bound to have a great regard for acc regard for the whole city and for the city as a whole.] He receives no salary fees, or perquisites and has not right to use his office for [any personal, local the benefit of any] a preser? benefit or for the benefit of any special locality person or body of persons less that [the people] that of the people of the city.] taken by citizens generally or by their representatives in City Councils elected for short terms [of and with] and for duties of a more general scope. But although Park Commissioners are thus plainly assigned to a special duty, requiring them to act with unusual [independence] freedom from motives generally desirable to be operative [upon] with public officers, if a clear,concise, working definition of that [purpose] duty is looked for it will be found [in no act of legislation] in not one of all the acts of legislation that have been taken on the subject,The title of the act [establishing] providing for a Park Commission commonly reads: "An Act to provide for the establishment of a Public Park," or [in] words equivalent to these, and it often happens that nowhere in the body of the act is the purpose to be served by the Commission more definitively stated or more precisely limited than it is in those words. What, then, in the eye of the Law is a park? [No one will contend] It cannot be contended that our American park commissions have been constituted as they are [simply] to serve any purpose of parks as [thus] defined by] ¶The word [park] has been [much] used with as, [to as a general term] to cover nearly all sorts of [grounds spaces in] spaces of public property about a form which are not intended to be [used as] given to streets [would be occupied by buildings, such as] and building. Among them are included spaces [which are] otherwise specifically known as commons, [greens?], squares, yards, [?ter] fields, play grounds and gardens. [In several of our cities committees ? cases Sometimes Committees of City Councils have charge of their various grounds are designated Committees have borne the designation Committee on Parks. [But in the formation of a Park Commission as it ] City governments have often established new grounds [of this class without under this ? designation] classing them as parks without resort to any such [maclining?] as that of a Park Commission and in many cases, as in Boston, when a Park Commission has been constituted it has not been given charges of such grounds [but they] previously existing but these grounds have remained under the same management as before. Even new grounds of that character have been acquired which a park commission was in operation and independently of it. This being the case it is reasonable to assume that the word park in an act [constituting] specially providing for such a commission [does not apply to grounds of the character and adapted to serve of commons,] is not intended to charge it with the duty of supplying additional spaces for the same purposes with those of Commons, Greens, Squares yards Muster Grounds, Play Grounds [grounds adapted to serve no other purpose of a distinct character from that [of] for which such grounds are filled. What then is the specific significance of the work park as thus used by the Law?] Now is it reasonable to suppose that the [intent with which] word park in the acts constituting Park Commissions is intended to be applied as is sometimes assumed to places simply adapted to a display of fine equipages and horses or fashionable assemblages of any sort of for walking courses or ponds for boating and skating, [or an] or arenas for [public debates or addresses or for ball playing or other athletic exercises. for no competent man taking up [a problem] the problem of providing for [such many of them] any one or all these purposes would have found it difficult to meet [at] the requirement in a much better and much less costly way that it has been? in any the selection [of an] park. [The] [What then is the legal significance of the park? What, then, can be the specific significance of the word] Now can there be found in a study of the early movements leading to the acts providing for Park Commissions that they were [w?] intended to provide the people of a town with public debates or addresses or for ball-playing or other athletic exercises, for, if the object of obtaining spaces well adapted to be prepared for [any of these or all of]. These purposes had been controlling it would not have led to the choice of [such] sites [or] of such a character as those that have been taken. Better sites [at less cost] for such purposes, could nearly always have been [found] obtained than those that have been selected. Whatever the site of [What, then, is the [spe] significance of the word park, as used in the acts providing for these Commissions?] Franklin Park in Boston, for example, was good for: it [is certain that it would not] was certainly not one that would have been [selected] chosen simply from regard to these purposes more suitable ground for these purposes was to be had at less cost within a hundred yards of the site take. It was not overlooked. It was not thrown out without a reason. As to the [definiti] recorded definition of the word, Again it would have been easy to find sites for public grounds [adapted to] better adapted to be prepared for [all] any of these purposes, and which would have been less costly [than] to procure, than those taken under the law providing for park commissions for almost any of our large cities. It is plain that none of these purposes have controlled the choice of a site an any case. BreakBut though this fact [does not be] is not without a significance of some value, it does not [define] go far to define the purpose [will] for which Park Commissions have been given their peculiar powers. [It will be well to ask, then, if there] It may be asked, then, whether there is any thing in the circumstances under which the [series?] of acts [were passed to constitute park] constituting park commissions have been enacted from which a reasonable inference can be drawn as to the purpose [they have been designed to accomplish of the purpose] leading to their enactment. [Forty years ago there was hardly a town in the United States [fr?] the central parts of which] upon this point [of inquiry the] the following suggestion [may be considered is submitted] claims consideration. The first movement [be] in the United States leading on to the appointment of a Park Commission [occurred a little less than for began a little] began forty years ago (1852). Since [then and mainly] that time, and mostly within the last twenty years, nearly every considerable prosperous town in the country, from the Atlantic to the Pacific, from Canada to the Gulf, has asked and obtained State legislation for such a commission, and action of corresponding import has been taken by Congress with regard to our capital [the] city of Washington. [In connection with this circumstance historical occurence it is to [be] be considered that nearly]Now a truly portentous circumstance in the history of mankind, has [during] in this same period of forty years been growingly manifest. [as never before] This is a tendency of [appearing in all civilized countries to the gather] people to come together as never before in great towns and of great forms to depict much more than before from the old fashions of close building which had their origin in necessities of military defence and difficulties of transportation, before wheeled vehicles came into general use, and to spread out by establishing much broader streets and blocks. Of our American forms in which this double tendency has been most marked, nearly all that were [what forty years ago were forty years ago ...them which [?] trading posts or villages or frontier villages] much more than trading posts or frontier villages had already, before our first Party Commission was established, acquired various small public grounds. Most of them also had been [laid out]prepared for certain uses to be made of them; walks had been made through them, trees planted and objects introduced which were regarded as ornamental. There [Forty years ago nearly every town [in the] of importance in the United States possessed some public grounds [and most] many of these grounds had been enclosed, [and ornamental walks had been made] laid out in in them and something done for them to make them ornamental.] There were, for example, such grounds indiscriminately often [called] classed as parks, in the city of New York and [they were numerous in] Philadelphia, Baltimore and Savanna were celebrated for the numbers of them which they possessed. [There were other grounds Many were used by people living near them as promenades.] There were in some cities other grounds used as play grounds and yet others as muster and parade grounds. The need of [forty years ago] [But at this time, forty years ago, there was] [Forty years ago there was nearly every town in the ?]But we do not [?] any strong man[?[ was thus provided in the way of public grounds had [?], forty [?] been felt many coming need for it practicallly anticipated. [At this time, forty years ago] These were, in fact, at that time, but one or two American towns, from which it was not possible for people, when so inclined, to escape in less than half an hour into regions of comparatively simple, fresh, wholesome, spacious, quiet rural scenery.[There is no American city from [the conf] even the control points of which, it has not till lately ben It will be found [ly?ing] there. It is not long since it was possible in a few minutes to walk or drive out in a short time from ? the control district parts of every of every American city into the midst of comparatively simple, fresh, wholesome, spacious rural scenery, into regions of scenery which in most cases to those compelled to to pass most of their time in the town, were, because of their natural refreshing natural rural character, for soothing and refreshing & reinvigorating to their visitors.] By going a little further it may generally practicable for those waming forth to lean the high road and make their way pleasantly through meadows or along the skirts [of woods] or into the depths of woods. And although the compactly built parts of their towns more than very much smaller than now, and in the larger parts of them there was yet much garden ground and considerable areas not built upon, it was well known to many of their people as a result of personal experience that to get clear out of them into the open country often had [a] upon many a most soothing and refreshing effect. This, even if the escape from the town was for no more than half an hour; much more [was it the case, and] when half a day could be given to such an excursion and especially was this recognized to be the case with respect to invalids and convalescents provided they were not subject to too much exposure and fatigue. It was a common thing for physicians to order their patients to be taken from their sick rooms [into carriages and driven] and given a drive in the country, and marvelous effects were sometimes reported of such excursions. [But with the constantly enlarging population and of nearly every thriving town such] But as an effect of the urbanizing tendency to which we have referred there has since come somewhat suddenly, [upon] for nearly every thriving town, a time [come soon when has since come a little later when if] when if any thing of this old privilege remained for its busy people, it had [been plain become obvious] grown to be obvious to all thinking men that it would not remain long. [In many of them it long since years ago came to pass that noting remained having the character] In many cases, indeed, it soon came to pass that nothing like a pleasant country road was left near them. Those which had formerly had an agreeable picturesque character had generally been widened and straightened. [lation. It had often been found necessary in order to meet the wants of [the an increasing population] its people and of those dealing with them to widen and straighten nearly all the old suburban roads.] In the process [the rurality of their] their sylvan borders [and all the quality of picturesqueness they had possessed] had been destroyed, and to [this to] those disposed to wander away from them to enjoy such rurality as remained in their neighborhoods [view at a little distance] warnings [were given] had been posted that if they did so they would be treated as trespassers. Even outlooks to the right and left from these roads began to be [cut off by generally cut off by] cut off, miles from the town by close fences and roadside buildings. [and orchards.] These circumstances with the increasing use of the wheel ways by all manner of vehicles and the frequent interruption of passage on the side walks by operations of building, sewering and like operations [left none of destroyed the pleasure formerly to be had in a walk or drive out of town.] left nothing available of the pleasure [or soothing influence] formerly to be had in a short [excursion from the towns] outing from the town such as a merchant or a laborer might take after his days work was done.[This having been already the case] This state of things having [already] already begun to appear in the suburbs of [in] several of our large towns [forty years ago,] and thinking men accustomed to exercise even in small measure anything like statesmen-like forecast, [having] in having been [led] thus led to apprehend[ing] that the effect of rail roads and [other mod other] other recent developments affecting commerce would [be in time greatly] yet further increase the difficulty [of] with which in after years the people of a city would escape from it confinement, [and disturbances its excitements, and disturbances the following supposition may be considered is it not reasonable to suppose that the word park came for convenience of discussion to be term having significance with relation to brief term to suggest a purpose to establish a place reservation of ground near a city in which so much as might yet be practicable of [?] the quieting, soothing, tranquilizing influence of such rural scenery as grows out of topographical circumstances suitable to the places known to [the our] old common law [there in have inherited as parks, might be as a sa? be provided as a means of health for its future people.] Boston. To Park Com. 1892? Incomplete. Park Commissioners Their duties responsibilities Purpose of a Park Greater need of Parks in large citiesexcept that of providing the [future people of] people of a [large town they can escape] town with a place in which they could escape better than they could in a smaller one from the sight and hearing of crowds, the jar and bustle of streets and the [limits upon] vision of buildings; where they [can] could find the soothing influence upon the nerves [that] and the effect upon the mind and body through the imagination of what, [is called] because no one succeeds in explaining it satisfactarilly, [is called] we are apt to call the charm of natural scenery. To [a high degree of the charm] secure the highest degree practicable [of this charm, exposure, health, extended play of light and shade] [of this charm] of this influence it is necessary to [establish] secure variety of incident subordinate to broad effects of light and shade, [and] extended perspectives [distances] and the softening action of distance upon [colors] the tints of verdure and foliage. [and this purpose cannot be]. To accomplish [this] such a purpose larger spaces [are necessary] are indispensable. [The first act important movement of every park Commission has been to search for obtain possession of a large body of land-] a body of land many times larger than would be necessary for a park [in the sense that it is] the loose sense in which it had been before applied to commons squares, play grounds [Race Grounds] and Gardens. Just so it has happened in [several cases] in a number of cases the law so obtained having as the very first step in the [action] work of a Park Commission had an extent of over a thousand acres, and in several of over five hundred. ¶[Why would not the object of a for] It has often been asked why the purpose for which a Park Commission is constituted would not be [be much] better served by establishing five grounds each of a hundred acres, and so scatteredabout the suburbs of a [quiet] town that none of its people would be at a great distance from it? [There is but one answer. That [would be] has always been an unanswerable question to those who assume that the purpose of [a] the required park is the same with that of Commons, Squares, play grounds and gardens; [or that it is for the improvement of the real estate of a city.] or that its place and bounds must be determined with a view to the improvement in value of real estate or to the special advantage in any way of those who are to live] The question is a grave one. A reservation of several hundred acres [neces] any where in the outer parts of a town, ordinarily [means] [that [it is] its purpose to make provision for any form of recreation that may at any time be in fashion and [provisions] a place for which may any year be in demand by any considerable number of living people.] [carries with it] involves a considerable interruption of streets, [and] necessarily compelling [business] traffic of all sorts to [be turned away from its direct lines] be carried round it, [and] thus putting a tax on [all] the business of the people. How [is] was this common course of park commissions, then, to be justified? The answer, only, by assuming that it [serves] would serve a compensatory purpose. No such compensatory purpose has ever been suggested except [that we have assumed we have assumed. Plainly the purpose is to establish as nearly as practicable a sufficient scape of natural scenery to enable [the vis] those coming into to feel that they have escaped from [the city] town surroundings [and are] This purpose carries with it (in book)-Only incidentally g? &c.]excitements and disturbances, the following supposition may be considered. ¶That for convenience of discussing the subject [ing means of restricting the evil question this to be apprehended in want of a better, thus to be feared] the word park came to be used as the name [of a] for a suggested reservation of ground near a city in which when properly prepared its future people might yet find some notable degree of the quieting, soothing, tranquilizing influence of expanded rural scenery, [of such rural scenery undefiled and unsophys? scenery expanded rural scenery of expansive scape and undefined limits.] It may be further supposed that the minds [preparing these laws have seen the difficulties lying] by which these laws establishing Park Commissions have been prepared foresaw the difficulties standing between them and the end they had in view which would be first, in local and personal jealousies and second, in obstacles to [and in the difficulty of] getting the busy population of a great city to keep distant and unsubstantial ends in view; ends to be fully accomplished only by the slow growth of trees and by long processes of preparation. [to look as cleary as in forms such a reservation it would be necesary to the interests of to what would were likely to be the needs of the city in future years and that the bills for acts laws were framed accordingly. [Supposing such an intention to have existed] Supposing such considerations to have influenced the framing of the law, the first commissioners appointed under [the Acts] it more likely to be must to have fully adopted it the intentions with which it originated. Those who [fully. It is to be considered then, that] had been active in the agitation for it and who were willing to pursue the object further without ? compensation.] Break Supposing such considerations to have influenced the enactment of [the] a law and [that] those [a who for them no] who from regard to these reasons had been most active in the agitation for it [to have] and who were able and willing to serve in the administration of it, without pecuniary compensation, to have been appointed commissioners, their first important action was likely to [be] show the influence upon them of [such] the same considerations. [It has occurred accordingly] Under these circumstances it would naturally occur that the first important movement of [any] a Park Commission [has looked] would look to the acquisition for [the] a city of a bodySupposing such considerations to have influenced the framing of the law, those who had been active in the agitation for it and who were willing and able to serve as Commissioners [under] under it, wereT. L. L. 2 [Department of city administration, while it appears to be a firmly established institution, is of such recent introduction that [its value] it is nowhere yet to be fairly judged by its works. [The first] To show this we may remind you that the definite undertaking of your Commission, that of the Fens, was entered upon thirteen years ago.] The territory to be dealt with was comparatively small, hardly exceeding a hundred acres in extent. A million dollars has already been expended upon it, but [to this day] the larger part of all the work done has been that of grading operations and road-making; that is to say, chiefly the disposition of raw materials [to remain] which have been so placed that they will be permanently concealed beneath the intended finished surface. Anything pleasing[ant] to look upon that is to come from all your outlay will come as the results [of certain] not to be obtained of plantings and sowings which plantings and sowings are yet incomplete, and which, when complete, will have cost but a trifling fraction of your total outlay. There are [very] but few of all the citizens of Boston, not probably one in a thousand, who have had such training as is necessary to enable a judgment of the slightest value to be formed today upon the question of what there results are to be. [And among a hundred of those best qualified for the duty, the judgment of one half of them might differ considerably from that of the other half. Obviously, there is nothing to be seen as yet, after eleven years from which a citizen, ordinarily well-informed and intelligent, can form a fair judgment as to the design of this work, or as to the economy with which the operations have been directed.] T. L. L. 3 [And we may say that we have known no other community in which the state of the case in this respect could have been expected to be as generally appreciated as it has been in that of Boston. [We have been surprised at] The patience and forbearance with which the tedious progress of operations in the Fens has been generally regarded is not generally to be unknown.] It is true that this has been, in some degree, an extreme case; the amount of preparatory work required having been unusual. We have cited it but to exhibit more distinctly, by an instance acknowledged to be extreme, a difficulty which more or less formidably stands everywhere before the Park Department of city governments, and which, if the Commissioners are to earn a respectable success, [has to be met manfully.] is apt to be not a little trying to their manhood. [[It may, perhaps,] be more fully [set forth] shown in this way. For a long time after the appointment of a Board of Park Commissioners, the community whose servants they are is pervaded in a singular degree with vague, confused, incoherent and inconsistent notions of [the nature of] the benefits which are to come to it from the Commissioners' work. [Large number of it] As [?] shall show later large numbers will have expectations widely conflicting with the expectations of other large numbers. There is no other public office in the United States concerning the essential [use and] and peculiar use, and the reason for the existence of which there is as little clear, common understanding and intelligent agreement. [Such public opinion as exists being thus divided] Diverse opinions existing as to what should be expected, it necessarily occurs that on whatever view of its duty a Park Commission may act, its action cannot be that which many will have expected ]¶ The community being persuaded at the outset, as we have said, not only with naive and confused but with inconsistent and conflicting ideas of what a Park Commission [is to do for it] is to do, it necessarily means that on whatever [side] view of its duty a Park Commission shall act, its action cannot be that which many will have expected T. L. L. 4 [of it]; cannot fail, consequently, to cause disappointment. [And] ¶ [d]Disappointments with what a Commission has done are the more likely to be felt, for the reason that much the larger part of its entire work is often [as in the case we have cited] preparatory work, of no value in its immediately observable results. Before the intent of this preparatory work can, in any important degree, be realized; that is to say, the forces of nature must have been operating, for a series of years, upon the basis which results from it. During the preparatory and [period] the growing periods, those to whom the immediate results have not been a surprise are much less apt to express their views, either personally or collectively, than those to whom they [are a] promise disappointment. [Remonstrances, memorials and petitions [often come] from the latter are often addressed to Park Commissions, for the latter purpose.] We recall, [no] in fact, not a single instance in which any number of citizens have united to testify [to Commissioners] their satisfaction with the[ir] work of a Park Commission, but many in which committees, deputations and delegations claiming to represent an important element of public opinion, have appeared to [represent] express dissatisfaction with it. Sometimes [they] those so appearing have been formidable in numbers and have assumed a threatening attitude. In several cities the majority of the newspapers and of the City Council, assuming to represent public opinion, have done all that was possible to place obstructions in the way of the Commission[;]. In one case, the Commission has been unable to proceed in its duty until it had obtained an order of Court compelling the Mayor and City Council to abandon the positionT. L. L. 5 they had taken. And it may be worth while to mention that the results of the resolution and perseverance of the Commission in this case was, a few years later, a degree of popularity for it that was almost burdensome, a tendency being evident to [place] give it undesirable responsibilities. [ upon it.] It is noticeable that when organized bodies of citizens ask a hearing from a Park Commission, it is nearly always with a purpose, often an avowed purpose, [sometimes hidden,] to induce it to take some action for the benefit specifically of a [comparatively] small subdivision of all the people of the city, as of the owners of a particular body of land, or of the practitioners of a particular method of recreation. In the latter case, especially, an assumption as to the duty of the Commission often appears, for which there is [not the slightest] no warrant. Numbers of citizens in every community are disposed to find recreation in methods [entirely] different from those preferred by others. Means having been provided by a Park Commission[s] for certain methods of recreation, [the assumption appears] it is assumed that justice requires that those who do not use these means should be provided with other means; [that it is] as if it is more simply a question of the numbers desiring [to engage in] any form of recreation whether provisions for recreation in that form should be supplied by the Commission [at the expense of the city]. Very intelligent men and good citizens have often taken this ground[, but it must have been] without considering what it involved. In Spain, city governments make provision for the recreation of their people by bull fights; in Mexico, by cock fights. [; provisions for neither of which forms of recreation would these citizens think ] T. L. L. 6 [desirable to be made by a Park Commission, if even a majority of a community should desire them.] There is no limit to the variety of forms of recreation for which, under such a view of their duty, Park Commissioners might be required to make provision; no limit to the spaces of ground, or the drafts on their financial resources that they might be asked to devote to these forms. The late Mr. Barnum once sought permission to occupy a part of the finished ground of [the Central Park of New York,] a park, promising to give an exhibition that would be many-fold more attractive than anything the Commissioners had to show for all they had spent upon it. There [is] was not the least doubt that he could easily have kept this promise . But the Commissioners were of the opinion that in assuming [that] it [was] to be their duty to favor whatever would add to the attractions, or increase the recreation, of the people on the Park, Mr. Barnum misconceived the nature of their business. When a bill was before the British parliament, providing that the practice of hanging certain classes of criminals "in chains", leaving their [bodies] remains exposed on high gibbets for years, [until by decay their bones fell out], remonstrances were received, in which it was stated that as executions of this order were usually made beyond the [outside of] [large towns, but at a distance from dwellings, the edifying] immediate outskirts of towns, the spectacle of the decaying bodies [spectacle of the rotting bodies was a constant attraction to] was an attraction which constantly led town's people to take long walks [the townspeople, who were thus led to take healthfully recreative] in the country whereby they obtained healthful recreation. [walks in the country.] [No doubt a public execution in] Probably the execution of a criminal in a public park [Central Park] would even now attract more people to it than anything thatT. L. L. 7 Mr. Barnum could [offer] have offered. [But Mr. Barnum would not have contended that it was desirable to make a park attractive by providing such a form of recreation.] Again, arguments are often addressed to Park Commissioners by honorable men and good citizens, in favor of measures by which their own convenience or the value of their private property may be advanced, [in a manner that can only be accounted for] such as then gentlemen would not [as growing out] think of using but for the effect upon them of a long established custom, by which a healthy exercise of public opinion is impeded. More than a hundred streets have been laid out leading to the boundaries of one of our American Parks, and the owners of property in more than half of these streets have, at different times, [thought [contended] that they were entitled to] sought to have entrance roads made between them and the roads that have been laid out in the Park, [regardless of the] nearly always some [fact that these Park roads would have been differently laid out] in nearly every case, had approaches to them been required, other than those that had been provided for.] hereby always some of the owners of property adjoining a park rate ground that the park should be laid at and managed with special regard to their private convenience and [?] of their private tastes. [Had the half of the demands made upon the Commission in this respect been yielded to, the landscape character of their Park would have been greatly changed, and this at grievous loss to the community.] We say that the arguments commonly used in such cases would not be employed, as they often are, by honorable men and good citizens, were it not for the effect [upon them] of an established custom impeding the exercise of fair judgment in the premises. We refer to the fact that the planning of the greater part of the outgrowths of most of our [more] rapidly grown cities has hitherto been devised with undisguised primary reference, not to the permanent convenience and interest of T. L. L. 8 the general future community of the city, but to what, in each case, a limited number of persons having an interest more or less in common in some particular body of outlying land, may [agree] have agreed to consider the arrangement best suited to their own private convenience and pecuniary interest at the moment the plan is to be determined, [that moment being, it may happen, one of commercial depression, or one of extreme inflation and booming.] It even occurs that the plan upon which an important part of a city is to be built for centuries afterwards may thus be hastily fixed y one man; the owner, for example, of what has been a large gar on the boundary of the city. It may happen that this man is wholly incompetent for the task; that he is [without capital, except in his farm; that he is] at the moment in a state of [painful] financial embarrassment, and pressed to get his land into market with [the smallest] an entirely inadequate outlay of thought and money; it may be that he is a spendthrift, or a speculator with a gambling disposition, [and] it often happens that his motives are the exact reverse of those which would be adopted by a courageous public servant, moving with enlightened, deliberate forecast of the lasting interests of the city as a whole. Illustrations of almost incredibly reckless, selfish, time-serving perversity in this way may be found in some of our younger, most prosperous and most promising great cities; in San Francisco, for example, parts of which are laid out in a manner which could hardly have been more skilfully contrived, had the object of the contriver been to impose the greatest practicable inconvenience and the highest rates of taxationT. L. L. 9 upon all who were to inhabit the city for hundreds of years afterwards. This custom has quite generally ruled in the outlying parts of Boston from early days to this very year, when the wrong [of it] and the folly of it [has] have been recognized in the appointment of the Board of Survey. It is impossible to estimate what it has cost the city and what it has cost all whose business has had, in any remote degree, to be done through the city. Attempts to palliate its evils by the introduction of streets of connection to be carried through property already built upon in accordance with ill-digested and desultory street plans of the past, and in widening and making more direct streets so planned, has already cost the city millions of dollars, and as standards of convenience advance and the business parts of the town are enlarged, must yet cost it many more millions. It was a custom originating in a pioneer state of society, and the ground upon which it has been generally maintained, namely that competition of private interests will secure, through efforts to sell building lots, what is permanently most desirable for the community, has, in thousands of instances, [been demonstrated to be] proved a fallacy. The [bad] custom to which we have thus referred, so long and so strongly established, of letting streets be laid out, not with the wisest forecast that can be commanded of what will best serve the [future] permanent interests of the growing city as a whole, but with regard for what a small number of its population may happen for the moment to think will most advance T. L. L. 10 their individual fortunes; this [bad] custom, we say, has bred a habit with the people of nearly all our cities, the tendency of which needs to be recognized [and borne in mind] in order that it may be understood in how slight a degree what are often represented to be demonstrations of public opinion really are so, when considered relatively to the duty of a Park Commission, and how little they represent, even as expressions of invididual opinion, any real exercise of judgment upon the vital question of that duty - the question of the future interests of the whole body of the people concerned. Combinations of the property owners of particular districts are often made and active measures taken in their behalf, sometimes by attorneys employed for that purpose, avowedly in order to exercise influence with reference to the plans of a Park Commission. We have [had experiences] known successively, in a single city, [with] six separate and rival associations of this character, each aiming to advance the value of real estate in a different locality. Each putting out of consideration the suggestion that the Park Commission can be thinking of anything more important than the immediate pecuniary interests of living individuals. In Chicago, the jealousy between competing real estate interests has been such that the Legislature has been induced to establish three [separate] rival Park Commissions, each operating in the interest of a separate section. Now, when a Park Department fails to be moved by the representations made to it by persons dissatisfied in any particular with its course, it seldom happens that [many of] these persons are led much better than before, to appreciate the [controlling purposes of the] Commissioners' obligations to the [The Park Commission of another city is formally divided into four sections, each section being formed of members resident in a distinct quarter of the city in order that the residents of no quarter may be able to say that there is no one in the Board to advocate their interest.] T. L. L. 11 community, and the difference in its position from that of those departments of a city government to which a citizen would apply if the pavement in front of his house, or the street lights or water supply, or the school-houses, or the means of protection against fire or burglars, of his neighbouhood were inadequate. [Such] Not appreciating the real motives of the Commission such persons are[, therefore,] apt to account for their disappointment in some other way and they generally [do so in a manner] adopt a way that leads, after a few years, to the spreading abroad of an impression that a set of men have been unfortunately selected for park Commissioners [who are] of [a] peculiarly pragmatical, unaccommodating, self-sufficient and supercilious [disposition] personal habits. There are few park commissions [in the United States] of more than two or three years standing, with regard to [members of which there have not been reports of this sort going about] which reports of this sort have not been rife. Often they appear in debates of the city councils; yet oftener, in newspapers, and especially in newspapers that represent local divisions of [the] a city, [as the Harlem or Westchester districts of New York, or the eastern district of Brooklyn. And it frequently happens that assertions based on these reports are given illogically as reasons for opposing measures of city or state legislation recommended by the Commissioners.] We have so often, and in so many places, heard this imputation laid against men differing greatly from one another in personal [character] habits, that its error has been made [more] palpable to us, and observing that its spread has been countenanced by respectable men, we have been led to consider out of what it grows. T. L. L. 12 Plainly it grows out of an assumption that the business of determining in what quarter of a city a public pleasure ground shall be formed, what lands shall be taken for it, how it shall be laid out, how approached, and how managed in all respects, is to be carried on in the same manner as is the business of laying out streets, extending water-mains and sewers, determining the sites for school-houses and engine-houses and most other matters of city government; that is to say, by regard for the immediate wants, and largely by regard for what may be though to be the immediate wishes of the citizens [of] at the moment occupying a particular district of the city. We will presently show how [completely false] wrong such an idea of the duties of a Park Commission must be. But first it may be well to note that, however strong a hold such an idea may have upon a man while he remains a citizen, it rarely happens that it [stays long] does not begin to fade away even after he assumes the duty and puts his mind practically to the [work] business of a Park Commission. A striking instance of the different points of view that may be taken by citizens in their capacity as citizens, and citizens in their capacity as public servants, has been presented here in Boston, in connection with the question of the right of citizens to hold public meetings and deliver orations and [evangelical] exhortations within a certain area of the property placed in charge of the park Commissioners. Since the first unanimous action of the Commissioners adverse to this claim, while the membership of the Commission has been three T. L. L. 13 times wholly changed, each new member, as he has had occasion to [renew] review the proceeding and determine his own duty to the community in the premises, has reached the same conclusion. Yet from the point of view of those who have been active in asserting the right, so unreasonable does this conclusion appear, that they can attribute it only to a disdainful disposition on the part of the Commissioners, and a propensity to the oppressive exercise of arbitrary power. The case is the more remarkable for the reason that all other Park Commissioners of the country, so far as known to us, have been led to the same conclusion as that adopted by [those] the Commissions of Boston. Such a difference between the point of view toward which Park Commissioners are generally drawn before they have been long engaged with their duties, and the points of view of those who wish to influence their action in various points of policy, is to be found in every city in which a Park Commission is moving with any notable vigor. The fact at the bottom of [it] this difference is that while, as we observed in the beginning, the communities served by Park Commissioners remain for years pervaded to a singular degree with vague, incoherent, inconsistent and often conflicting ideas of the nature of the benefits that are to come to them from the work [provided for in the Acts constituting Park] of the Commissions, the [Park] Commissioners, themselves, whatever their state of mind previously, are, in a measure, compelled, in the exercise of their official functions, to [drift] be moving toward a theory in this respect that will T. L. L. 14 serve for working purposes; a theory that can be pursued with some [degree of] approach to consistency. The first question of one seeking to [drift] move rightly in this respect necessarily is [as to] a question of the motive and intention of the Law. [Let it be considered what he finds:] Legislative action providing for a Park Commission[s] has been had in sixteen or more states of the Union, and in each of several of these, a number of such Commissions have been formed. Under these Acts, as a general rule, a Park Commissioner is established in his position independently of City Councils, and for a period of several years; in some cases it has been five, in some, ten years. He is allowed no salary, fee, perquisite or property advantage in any form because of his service as a Commissioner. He is a representative of no district, ward, party, faction, or set of citizens, and is entitled to look specially after the interests of none. In connection with others of his Board, he can cause the landed property and the homes of citizens to be taken from them against their will, and he can dispose of large funds which have been obtained by loans to be paid many years afterwards, and mainly by a body of taxpayers whose interests in the results of the operations which his Board directs, he has no right to sacrifice [from] out of regard to the interests or the demands, however presented and urged, of the living population. He is, in this respect, a trustee, unpaid and, therefore, a trustee on honor, for persons unable T. L. L. 15 at present to stand for their own interests, and there is no duty resting upon him with such imperative moral force as that of protecting the general interests of the future population of his city as a whole from dangers to which they would be exposed were the business to be conducted on the Principles ordinarily ruling in the management of such other city business, [or] as that of the laying out of streets, paving, lighting, sewering and so on. It is reasonable to assume that it would not have become customary to place Park Commissioners in a position so far differing from that of most other citizens given charge of city works, had there not been reason for thinking it necessary to the accomplishment of the purpose to be committed to them that they should act with a special independence of ordinary political, commercial, personal and social influences, and with a clear recognition of a special duty resting on them to consider questions to come before them from a different point of view from that ordinarily taken, or that can reasonably be expected to be taken by citizens generally, or by their representatives in City Councils elected for short terms, and for duties of a more general scope. But although Park Commissioners are thus plainly assigned to a special duty, requiring them to act with unusual freedom from motives generally desirable to be operative with public officers, if a clear, concise working definition of that duty is looked for, it will be found in not one of all the acts of legislation that have been [taken] had on the subject The title of the Act providing for a Park Commission commonly reads: T. L. L. 16 "An Act to provide for the establishment of a Public Park", or words equivalent to these, and it often happens that nowhere in the body of the Act is the purpose to be served by the Commission more definitively stated, or more precisely limited, than it is in these words. What, then, in the eye of the Law is a Park? The word has been used, with us, to cover nearly all sorts of spaces of public property about a town, which are not intended to be given to streets and buildings. Among them are included spaces otherwise specifically known as Commons, Greens, Squares, Yards, Muster Fields, Play Grounds and Gardens. City governments have often established new grounds, classing them as parks, without resort to any such machinery as that of a Park Commission, and in many cases, as in Boston, when a Park Commission has been constituted, it has not been given charge of such grounds called parks as were previously existing, but these grounds have remained under the same management as before. Even new grounds [of that character] additional "parks" have been acquired by a city while a Park Commission was in operation, and independently of it. This being the case, it is reasonable to assume that the word park in an Act specially providing for such a Commission is not intended to charge it with the duty of supplying additional spaces for the same purposes with those of Commons, Greens, Squares, Yards, Muster Grounds, Play Grounds and Gardens, adequate provision for this purpose having already been made. Nor is it reasonable to suppose that the word Park in the Acts constituting Park Commissions is intended to be applied, as is sometimes assumed, to places simply adapted to a display T. L. L. 17 of fine equipages and horses, or fashionable assemblages of any sort, or for trotting courses, or ponds for boating or skating, or arenas for public debates or addresses, or for ball-playing or other athletic exercises; for, if the object of obtaining spaces well adapted to be prepared for these purposes had been controlling, it would not have led to the choice of sites of such a character as those that, under these acts, have almost anywhere been taken. Better sites for such purposes could nearly always have been obtained, than than those that have been selected. Whatever the site of Franklin Park in Boston, for example, was good for, it was certainly not one that would have been chosen simply from regard to any of these purposes. More suitable ground for [these purposes] most of them was to be had at less cost within a hundred yards of the site taken. [It] This [?] around was not overlooked. It was not thrown out without a reason. As to the recorded definition of the word, Blackstone says: "A park is an enclosed chase, extending only over a man's own ground." Manwood says: "A park is a place for privilege for wild beasts of venery." Lord Bacon says: " We have parks and inclosures of all sorts of beasts and birds." Coming to literary usage, Shakespeare says: "How are we packed and bounded in a pale. A little herd of England's timorous deer". Johnson's only definition of the word is a piece of ground enclosed and stored with wild beasts." And down nearly to the time when the first American Park Commission was constituted, there were hardly any places distinctively known as public parks of cities T. L. L. 18 that had not originally been enclosures for the keeping of deer[;] for hunting; none which had ever, in any comprehensively organized, systematic, provident way, been formed for any other purpose. Of the parks of London, Hyde and Regent's, St. James's and Green, Greenwich and Richmond, had all been enclosures for deer. So had the grounds of corresponding public use in Paris, Berlin, Munich and Vienna. There were herds of deer in most of them, and in several [they] deer were still occasionally hunted. But it is to be considered that a body of land adapted to be a preserve for deer is likely to be one of considerable extent, and to include broad, quiet, fertile glades of turf for pasturage, with scattered trees, in the shade of which the animals will lie during the heat of summer days, and spaces of close-grown wood and obscuring thickets to which, as coverts, their instincts lead them at times to retreat. This, in fact, is the topographical character of the parks of England to which Blackstone's definition of the term refers. Consequently, the term is, by a secondary usage, often applied to bodies of land of similar topographical character, although these are not used for the keeping of deer. This is a common significance of the word in [some of] our Western States and the usage is recognized, for instance, in the laws of the State of Colorado. The Blue-grass pasture lands of Kentucky are often described as natural parks. They are so, not because they are good places in which to drive and ride and play ball or skate or sail, but because of certain special qualities of agreeable pastoral and sylvan scenery.T. L. L. 19 The distinctive parks that have been prepared by Park Commissions answer well to such a topographical definition in New York, Brooklyn, Philadelphia, Baltimore, Buffalo, Chicago, St. Louis and several other cities. But although this fact is not without a significance of some value, it doe not go far to define the purpose for which Park Commissions have been given their peculiar powers. It may be asked, then, whether there is anything in the circumstances under which the series of Acts constituting Park Commissions have been enacted from which a reasonable inference can be drawn as to the purpose leading to their enactment? Upon this point, the following suggestion [claims consideration] is submitted: The first movement in the United States leading on to the appointment of a Park Commission began forty years ago (1852) Since that time, and mostly within the last twenty years, nearly every considerable prosperous town in the country, from the Atlantic to the Pacific, from Canada to the Gulf, has asked and obtained state legislation for such a Commission, and action of corresponding import has been taken by Congress with regard to our Capital city of Washington. Now a truly portentous circumstance in the history of mankind has, in this same period of forty years, been growingly manifest. This is a tendency of people to come together, as never before, in great towns, and of great towns to depart much more than before from the old fashions of close building which had their origin in necessities of military defence and difficulties T. L. L. 20 of transportation[,] before wheeled vehicles came into general use, and to spread out by establishing much broader streets and blocks. Of our American towns in which this double tendency has been most marked, nearly all that were much more than trading posts or frontier villages had already, before our first Park Commission was established, acquired various small public grounds. Most of these, also, had been prepared for certain uses to be made of them; walks had been made through them, trees planted and objects introduced which were regarded as ornamental. There were, for example, twenty such grounds, often indiscriminately classed as parks, in the city of New York; and Philadelphia, Baltimore and Savannah were celebrated for the numbers of them which they possessed. There were, in some cities, other grounds used a play-grounds, and others yet as muster and parade grounds.The need of anything more than was thus provided in the way of public grounds had not, [forty] fifty years ago, been felt, or any coming need for it practically anticipated. There were, in fact, at that time, but one or two American towns from which it was not possible for people, when so inclined, to escape in less than half an hour into regions of comparatively simple, fresh, wholesome, spacious, quiet rural scenery. By going a little further, it was generally practicable for those roaming forth to leave the high-road and make their way pleasantly through meadows, or along thickets, or into the depths of woods. And, although the compactly built parts of these towns were then very much smaller than now, and in the larger parts of T. L. L. 21 them there was yet much garden ground and considerable areas not built upon, it was well known to many of their people, as a result of personal experience, that to get clear out of them into the open country often had upon many a most soothing and refreshing effect. This, even if the escape from the town was for no more than half an hour; much more, when half a day could be given to such an excursion, and especially was this recognized to be the case with respect to invalids and convalescents, provided they were not subject to too much exposure and fatigue. It was a common thing for physicians to order their patients to be taken from their sick rooms and given a drive in the country, and marvelous effects were sometimes reported of such excursions. But as [an effect] a result of the urbanizing tendency to which we have referred, there has since come somewhat suddenly, for nearly every thriving town, a time when, if anything of this old privilege remained for its busy people, it had grown to be obvious to all thinking men that it would not remain long. In many cases, indeed, it soon came to pass that nothing like a pleasant country road was left near them. Those which had formerly had an agreeable picturesque character had generally been widened and straightened. In the process, their sylvan borders had been destroyed, and to those disposed to wander away from them to enjoy such reality as remained in these neighborhoods, warnings had been posted that if they did so, they would be treated as trespassers. Even outlooks to the right and left from these roads began to be cut off, miles from the town, by close fences and roadside buildings. These circumstances, T. L. L. 22 with the increasing use of the wheelways by all manner of vehicles, and the frequent interruption of passage on the sidewalks by operations of building, sewering and like operations, left nothing available of the pleasure that had before been had in a short outing from the town, such as a merchant or a laborer might take after his day's work was done. This state of things having already begun to appear in the suburbs of several of our large towns, and thinking men, accustomed to exercise, even in small measure, anything like statesmen-like forecast, having been thus led to apprehend that the effect of railroads and other recent developments affecting commerce, would yet further increase the difficulty with which, in after years, the people of a city would find any ready escape from its confinement, excitements and disturbances, the following supposition may be considered. That for convenience of discussing the subject, the word park, in want of a better, came to be used as the name for a suggested reservation of ground near a city, in which, when properly prepared, its future people might yet find some notable degree of the quieting, soothing, tranquilizing influence of expanded rural scenery. It may be further supposed that the minds by which these laws establishing Park Commissions have been prepared, foresaw the difficulties standing between them and the end which they had in view, which would lie, first, in local and personal jealousies; and, second, in obstacles to getting the busy population T. L. L. 23 of a great city to keep distant and unsubstantial ends in view, ends to be fully accomplished only by the slow growth of trees [and by] after long processes of preparation. Supposing such considerations to have influenced the enactment of a law, and those who[, from regard to these reasons,] had been most active in the agitation for it, and who were able and willing to serve in the administration of it, without pecuniary compensation, to have been appointed Commissioners, their first important action was likely to show the influence upon them of the same considerations. Under these circumstances, it would naturally occur that the first important movement of a Park Commission would look to the acquisition for a city of a body of land many times larger than would be necessary for a park, using the word in the loose sense in which it had been before applied to Commons, Squares, Play Grounds and Gardens. Just so it has happened. [I]On a number of cases, the land so obtained [having] [has], as the very first step in the work of a Park Commission, has had an extent of over a thousand acres; and in several, of over five hundred. It has often been asked why the purpose for which a Park Commission is constituted would not be better served by establishing five grounds, each of a hundred acres, and so scattered about the suburbs of a town that none of its people would be at a great distance from it? The question is a grave one. A reservation of several hundred acres anywhere in the outer parts of a town, ordinarily involves a considerable interruption of streets, necessarily compelling traffic of all sorts to be T. L. L. 24 carried around it, thus putting a tax on the business of the people. How was this common course of Park Commissioners, then, to be justified? Only, we answer, by assuming that it would serve a compensating[ory] purpose. No such compensating[ory] purpose has ever been suggested, except that of providing the people of a town with a place in which they could escape better than they could in a smaller one from the sight and hearing of crowds, the jar and bustle of streets and the vision of buildings; where they could find the soothing influence upon the nerves and the effect upon the mind and body through the imagination of what, because no one succeeds in explaining it satisfactorily, we are apt to call the charm of natural scenery. To secure the highest degree practicable of this influence, it is necessary to secure variety of incident subordinate to broad effects of light and shade, extended perspectives and the softening action of distance upon the tints of verdure and foliage. To accomplish such a purpose, large spaces are indispensable.is at all afflicted by ment for other services n to Mr Warner. I hope that upon reconsideration you will conclude that the amt of $550 remains justly due to me as I must [certainly] maintain [it to be]. Yours rspctly.[*IV] [M*] [*[Fragments Relating to Boston Parks]*] Boston Letter to Thomas L. Livermore Review of relation of Park Comm. To Public Origins of Park Comm. Duties of. Attitude of Public Towards Parks, Definition Uses Necessity of in large Towns Experience of N.Y. Letter to T. L. Livermore Relations of Park Commissions to Public Back Bay Fens as example of work of large proportions where pleasing finish is small part of outlay. Park Com. often harshly criticized by those who do not understand the motives of a park Aims of a Park not primarily amusement. Attempts to use the park for private gains or to benefit some particular section. Definition of Park Growth of Towns Necessity of Parks in large Towns Must provide a country scene with absence of city bldgs etc. Experience of N.Y. The Honble Thomas L. Livermore Chairman of the Board of Park Commissioners of Boston. Dear Sir; Having had part in the counsels of twenty boards of Park Commissioners and having sought to be informed of the listing of others we propose in this paper to record a few general observations upon the institution of the Park Commission as a department of American Municipal Administration. First; it is to be noted that for a[view is that for a] every time after after the establishment of a Board of Park Commissioners, the community [where servants they are is pervaded] to be served by it is pervaded in a singular degree with vague, confused, incoherent and inconsistent ideas of the duties to be performed by the board and of the benefits to be expected to result from its work. As we shall show later, [large numbers] many citizens have expectations [of it] widely differing from the expectations of [other large numbers of it] many other citizens. We know of no other public office in the United States concerning the essential and peculiar use and the reason for the existence, of which, there is as little clear, common, understanding and intelligent agreement. The difficulty this occurring remains the longer and is the more [aggravated because the] valid for a reason that [was] may best be shown by reference to the first of the works set about thirteen years ago by your own commission [ago]. This is that of the Fens.The Honorable Thomas L. Livermore Chairman of the Board of Park Commissioners of Boston Dear Sir: It has occurred to us that with relation to matters pending in your Board it might be desirable that we should lay before it some observations and comments upon Park Commissions collectively. We have had part professionally in the counsels of more than twenty boards of these Commissions, we have followed with some care the experience and the drift of judgment, the operations and the results, not only of these but of a number of others. While no two of these are constituted exactly alike or have quite similar conditions to deal with, all have certain purposes, and certain problems and difficulties South Boston Parks Relations re Boston Park Commission & how to deal with them [* J. C. O. Important [?IV?] Boston Muddy ? from Miss [?Brellard? ?Bullard?] *] valid for a reason that [soon] may best be shown by reference to the first of the works set about thirteen years ago by your own [com] Commission. [ago] This is that of the Fens.Boston -- Muddy River X Brookline -- Parks (which cover Brookline part of the Parkway)