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Road through park drove discontent

Editor’s note: This “Yesterdays” column was published in the OBSERVER in 2003. It was submitted by Rosamond Burns and extensively notes the history of Barker Common as written by Elizabeth Crocker, Chautauqua County historian.

Get officials elected who will support your agenda. This has been the case in politics then and now and evermore. This was the case, writes Elizabeth Crocker, as a result of the controversy during 1901 and 1902 over the closing of the road between our two parks. It was a “yes” or “no.” First there was no road, then there was a road, then the road was planted over with flowers, then a road again:

“A group of citizens in 1901, decided that there should be no road through the park or common. Their argument was based upon the fact that the beauty of the area would be enhanced by eliminating all traffic through the park. Also, they contended that when Hezekiah Barker gave the land to the town it was his intention that it remains one plot the ‘Common.’ In the very early days, it appears that people were permitted to drive over and through the area at will. Then, one road, as at present, came into general use.

“Some of the citizens who wished to keep this drive dividing the parks, were merchants who operated stores on Water Street and who insisted that closing the road would hinder their business. Others of this group felt that there was no point in making it necessary for people to walk around the common to reach Main or Temple streets. Also, at that present time Mr. Mark was presenting the village with the two fountains which might be interpreted as a logical gift for two separate parks.

“Agitation grew throughout the town and the feeling became more heated day by day.

“An item in the Censor of April 17, 1901 states that ‘the work on the Mark fountains is progressing rapidly. Whether the central roadway will be closed is yet an open question.’

“Mr. E.P. Wilson presented at a trustees’ meeting, a petition of 164 names against closing the road. Mr. Tremaine argued that to narrow the roadways around the parks and pave them would give more parking room and make the grounds more attractive. It was stated that on an uninfluenced canvass it was believed that the majority of citizens would favor closing and “making a grand pleasure ground.”

“The group opposed to the closing of the road served an injunction on the village president and trustees. The trustees made no objection to having the matter settled legally and it was planned for the case to be heard before Judge Childs in Buffalo. Early in June the attorneys and trustees went to Buffalo to argue before Justice White the application for an injunction against closing the roadway. Nelson J. Palmer appealed for the plaintiffs and William Stearns for the trustees. The decision was ‘Injunction denied.’ Meanwhile Mr. and Mrs. C.L. Mark arrived from Winter Park, Florida. He was pleased with the way the fountains were placed and expressed his views in favor of making both parks into one. The intense discussion throughout the town led Mr. D.A. White to display a copy of the deed of our village park. This deed was made in 1825 by Hezekiah Barker and Sarah, his wife, to Zattu Cushing, Leverett Barker, William Barker, Mosely W. Abell, Oliver Barnes and their heirs or assigns upon the condition that they ‘shall forever hold the premises above described and conveyed, in trust, for the inhabitants of said town of Pomfret as a Public Square or Common and for no other purpose whatsoever.’

“Mr. White stated that some years before the authorities of the Town of Pomfret transferred the property to the village with the right to care for and ornament the same, but not to violate the terms of that deed. Mr. White added that when the Common was donated, Water Street was but a short street running only to the creek or a little beyond and people came in from the south by Hamlet Street or from Eagle Street. If they were going to Dunkirk they drove across the Common cornerwise to Temple Street but there was no road where our park is now divided. He felt that Mr. Barker never intended to have a road there and in closing the road the trustees would be carrying out the original plan of Mr. Barker.

“One irate citizen argued that if the land was to be one plot, the veranda of the Columbia Hotel would have to be removed as well as the roads about the park, and this would include the street car tracks. It was decided to remove the center road and plant flowers where the road had been. By June 12, 1901, this had been accomplished.

“In February 1902 it was reported that certain parties were still not reconciled to the closing of the road between the parks and that they were scheming to elect two trustees who would cut the park in two again. Those who felt the parks should be kept as they were persuaded Dr. Chauncey Rathburn, Winfield Holcomb, and James R. Hall to be candidates for president and trustees. The election, as reported in The Censor for March 12, 1902, was a landslide with U.E. Dodge being elected president and Kirby Hayward and John Thies, trustees.

“At the board meeting following this election resolutions were introduced providing for the removal of obstructions through the parks between the east and west sections and permitting the public the same use of the roads which they formerly enjoyed. These resolutions were duly passed and by March 19, 1902 the road was reopened and travel resumed.”

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