exhibits 1-10 to the citizens defending libraries v. nypl complaint

7/28/2019 Exhibits 1-10 to the Citizens Defending Libraries v. NYPL Complaint

1/72

Exhibit 1


2/72

XXIX.

AGREEMENT OF CONSOLIDATION.*

AN AGREEMENT TO CONSOLIDATE THE TRUSTEES OF THE ASLIBRARY, THE TRUSTEES OF THE LENOX LIBRARY, AND TILDEN TRUST, INTO THE NEW YORK PUBLIC LIBRARY, ASTLENOX AND TILDEN FOUNDATIONS.

DATED, 23 MAY, 1895.FILED AND RECORDED IN THE OFFICES OF

CLERK OF THE CITY AND COUNTY OF YORK AND OF THE SECRETARY OF STA24 MAY, 1895,

g4is agrernt.cnt made this twenty-third day of May, inyear one thousand eight hundred and ninety-five, by and betwthe respective Boards of Trustees of the corporations know" THE TRUSTEES OF THE ASTOR LIBRARY," " THE TRUSTEESTHE LENOX LIBRARY," AND " THE TILDEN TRUST."

* At the time this agreement was entered into the Boards of Trustees ofthree constituent bodies were composed of the following members:

The Trustees of the Astor Library were: The Mayor of the City of New Y(e x-officio), Thomas M. Markoe, M.D. (President), Edward King (TreasuHenry Drisler, LL.D. (Secretary), John Cadwalader, Rt. Rev. Henry C. PoD.D., Stephen Van Rensselaer Cruger, Robbins Little, Stephen H. Olin, ChaH. Russell, and Philip Schuyler.

The Trustees of the Lenox Library were: John S. Kennedy (President), Aander Maitland (Treasurer and Secretary), Daniel Huntington, Frederick SturH. Van Rensselaer Kennedy, Stephen Baker, William S. Tod, Charles ScribJohn Sloane, William F. Havemeyer, George L. Rives, WilliamAllen BuJ. Henry Harper, Samuel P. Avery, and Nicholas Murray Butler.

The Trustees of The Tilden Trust were: John Bigelow, Andrew H. GrGeorge W. Smith, Alexander E. Orr, and Lewis Cass Ledyard.

118


3/72

AGREEMENT OF CONSOLIDATION194331yeteas, The Trustees of the Astor Library are a corporation

heretofore organized under an Act of the Legislature of the Stateof New York, entitled " An Act to incorporate The Trustees ofthe Astor Library," approved January 18th, 1849, and theseveral amendments thereto, for the purpose (among others) oferecting, maintaining and carrying on a public library in theCity of New York ; and

tiberBas The Trustees of the Lenox Library are a corpora-tion heretofore organized under an Act of the Legislature of theState of New York, entitled "An Act to incorporate the Trusteesof the Lenox Library," approved January loth, 1870, and theseveral amendments thereto, for the purpose (among others) oferecting, maintaining and carrying on a public library in the Cityof New York ; andtalitrzcts, The Tilden Trust is a corporation heretofore organ- iized under an Act of the Legislature of the State of New York,entitled " An Act to incorporate The Tilden Trust for theestablishment and maintenance of a free Library and Reading

York," approved March 26th, 1887;

. R 1and

blberzcts, the said three corporations, being all organized aslibrary companies or for the purpose of carrying on libraries inthe City and County of New York, are desirous of consolidatingWith each other into a single corporation; pursuant to the pro-visions of Chapter 541 of the Laws of 1892, being an Act of theLegislature of the State of New York entitled " An Act to per-mit the consolidation of library Companies in the City of NeWYork," approved May 13th, 1892, and the amendments thereto,and particularly as the same is amended by Chapter 209of theLaws of 1895, being an Act of the Legislature of the State ofNew York entitled " An Act to amend Chapter 541 of the Lawsof 1892 entitled An Act to permit the consolidation of librarycompanies in the City of New York ;' " and

- 1 a3 hEreas, neither of said three corporations is a stock com-pany, and neither of the same has members or stockholdersother than its Directors or Trustees;


4/72

12 0HE CONSOLIDATION,NOMTherefore, tt)is ag reement of Ennsolibratiou Wittte.wzi

that the respective Boards of Trustees of the said " ThTrustees of the Astor Library," "The Trustees of the LenoLibrary," and " The Tilden Trust," have agreed, and do herby agree, with each other and with each of the others afollows :nrei. The said several corporations shall be consolidated an

hereby are consolidated into a single corporation..6zrcuttr. The terms and conditions of said consolidation a

as follows: The said new corporation shall establish and maintain a free public library and reading-room in the City of NeYork, with such branches as may be deemed advisable, anshall continue and promote the several objects and purposes sforth in the respective acts of incorporation of " The Trusteof the Astor Library," " The Trustees of the Lenox Libraryand " The Tilden 'I'i-east. "

4Eijirb. The mode of carrying this agreement into effect as follows : Immediately upon the execution of this agreemenduplicates or counterparts thereof shall be filed in the office othe Clerk of the City and County of New York and in thoffice of the Secretary of State. Thereafter, the first meeting othe Trustees of the new corporation shall be called by John LCadwalader, George L. Rives and Lewis Cass Ledyard, or antwo of them, by giving a notice in person or by mail addresseto each Trustee at his place of residence, of the time and plaof such meeting. The said Trustees, or a majority of thembeing assembled, shall organize by the election of a Presidenone or more Vice-Presidents, a Treasurer and a Secretary, an4f such other officers, if any, as shall be deemed necessary proper; and the said Trustees, on behalf of the new corporationshall thereupon receive, take over, and enter into possessiocustody and management of the existing libraries of the sathree several corporations and of all property, real or personaowned by them or either of them of any description whateverThe several treasurers, superintendents, librarians or other pesons having charge of any of the funds, books, works of art other property, real cr personal, of either of the said three cor


5/72

ACREEM.EATT OF CONSOLIDATION.21porations, parties hereto, shall on demand deliver all propertyin their respective custody to the persons appointed by theTrustees of the new corporation to receive the same.- The Board of . Trustees of the said three existing corporationsshall take such action as may be necessary for the purpose oftransferring to the new corporation the title to all real estate,securities, and all other property of whatever kind, standing intheir several names, or owned by them, respectively, and forthat purpose, add for the purpose of adjusting and closing theaffairs of said corporations 'respectively and the accounts of therespective officers thereof, the Boards of Trustees of the saidthree corporations, parties hereto, may meet, notwithstandingthe merger of said corporations in the new corporation herebycreated, and carry out the purposes of this agreement.

The Trustees of the said new corporation shall, as soon asmay be, adopt suitable by-laws, which, among other things,shall provide for the manner of election of new Trustees afterthe expiration of the first year, their respective terms of officeand the manner of filling vacancies in the Board; shall fix anddefine the duties of the Trustees, the appointment of Committeesand the powers and duties thereof; the number, grad; duties,terms of office and compensation of the several persons employedby the new corporation; and shall provide proper regulationsfor the investment, safe keeping, management and expenditureof the funds of the corporation; and the said by-laws shall,moreover, provide for the general custody, care, conduct andmanagement of the affairs and property of said new corpora-tion, and a method by which the said by-laws may be altered,amended or repealed. The said new corporation shall by itsby-laws or otherwise-make appropriate provisions with referenceto the limitations, , .conclitions or restrictions under which any ofthe funds or property of the said several corporations are nowheld or are to be used or enjoyed by the said several corpora-tions, or any of them, in order that the same may be fully keptand observed.

Sznrily The name of the new corporation is " The New YorkPublic Library, Astor, Lenox and Tilden Foundations."


6/72

12 2HE CONSOLIDATIOYfift1). The number of Trustee:, of the new corporation shall

be twenty-one.Sixth. The names of the Trustees who shall manage the con-

cerns of the new corporation for the first year, and until othersshall be elected in their places, are:

Thomas M. Markoe, Henry Drisler, John L. Cadwalader,Henry C. Potter, S. Van Rensselaer Cruger, Stephen H. Olin,Edward King, Daniel Huntington, Frederick Sturges, Alexan-der Maitland, John S. Kennedy, H. Van Rensselaer Kennedy,William Allen Butler, George L. Rives, John Bigelow, AndrewH. Green, George W. Smith, Alexander E. Orr, Lewis CassLedyard, Samuel P. Avery and Philip Schuyler.jttWitness here f, The several Boards of Trustees of the

three corporations, parties hereto, have caused the corporateseals of the three several corporations to be affixed to these pres-ents, in triplicate, and these presents to be attested. by theirrespective Presidents and Secretaries, thereunto duly authorized,on the day and year first above written.

THE TRUSTEES OF THE ASTOR LIBRARY,( (CORPORATE SEAL.)y T. M. MARKOE, President.

Attest :HENRY DRISLER, Secretary.

THE TRUSTEES OF THE LENOX LIBRARY,(CORPORATE SEAL. )y JOHNS. KENNEDY, President.Attest :ALEXANDER MAITLAND, Secretary.THE TILDEN TRUST,(CORPORATE SEAL. ). E. ORR, V ice-_Prest.Attest :L. V. RANDOLPH, Secretary.


7/72

Exhibit 2


8/72

XXXVII.LEASE AND AGREEMENT FOR THE USE AND OCCU-

PATION OF THE LIBRARY BUILDING TO BECONSTRUCTED IN BRYANT PARK.

DATED 8 DECEMBER, 1897.

agre.elttetti, made and cdncluded this eighth day of De-cember, in the year one thousand eight hundred and ninety-seven, by and between the Mayor, Aldermen and Commonaltyof the City of New York by the Board of Estimate and Appor-tionment of said city, party of the first part, and The NewYork Public Library, Astor, Lenox and Tilden Foundations,party of the second party, Inititeuril):04.eteas, the land now oCcupied by the reservoir upon Fifthavenue, between 4oth and 42d streets, in the City of New York,has been made a portion of a public park, and by an act of theLegislature of the State of New York, passed May 19, 1897,entitled " An' Act to provide for the construction of a publicbuilding in Bryant Park, in the City of New York, to be occu-pied by the New York Public Library, Astor, Lenox and TildenFoundations," the Department of Public Parks was authorizedto remove the said reservoir occupying a portion of said BryantPark, and to erect, construct, maintain, equip and furnish in thesaid Bryant Park, or some portion thereof, a suitable and appro-priate fire-proof building in accordance with plans to be made and

147

rs


9/72

14 8IBRARY BUILDING IN BRYA T BARK.

prepared by the party of the second part, and to be approved bthe party of the first part, such building to be used and occupieas a public library and reading-room by the said party of thsecond part for the purpose of carrying out the objects anpurposes of the said corporation and of its consolidation ;all he said party of the first part, in and by th

said act, was authorized at any time after the passage of saact to enter into a contract with the said party of the seconpart for the use and occupation by the said party of the seconpart and its successors of the building so to be erected, constructed, equipped rand furnished, for the purpose of maintaining therein a public library and reading-room and carrying othe objects and purposes of the said corporation as provided bits agreement of consolidation, and any amendments to bhereafter authorized to the same, and which contract by thterms of said act was to provide for such use and occupatioso long as the said party of the second part shall maintain sucpublic library and reading-room therein and shall use said building so to be erected for the purposes thereof;

anb whereas, the said party of the second part has madand prepared plans for such library building so to be erectedwhich said plans provide for a building to be erected in saiBryant Park, facing Fifth avenue, at a distance of about 75 fetherefrom, and being about 35o feet in width, front and reaand about 250 feet in depth;anb whereas, the said Board of Estimate and Apportionme

has duly approved the said plans pursuant to the terms of saiAct, and has requested the Department of Public Parks tremove the reservoir now occupying a portion of Bryant Parkand to erect, construct, maintain, equip and furnish in said Para fire-proof building, in accordance with said plans ; such building to be used and occupied as a public library and reading roomby the said The New York Public Library, Astor, Lenox anTilden Foundations, and to be constructed either of marble oIndiana limestone, or of such other stone as may hereafter bsuggested by the architects and approved by the Trustees o


10/72

F B I

LEASE AND AGREEMENT.49The New York Public Library, Astor, Lenox and Tilden Foun-dations, and by the Board of Estimate and Apportionment;tulpreas, it is the intention of the party of the secondpart to arrange to dispose of certain real estate and propertyowned by it, and in other respects to prepare for the occupationof the said building, and the carrying on of the public purposesof said corporation therein ;

Nam, Ovulate, it is agreed by and between the partieshereto as follows :

first The party of the first part has granted, demised andlet, and doth by these presents grant, demise and let, unto theparty of the second part and its successors the said librarybuilding so to be erected within or upon said Bryant Park uponthe site nowoccupied by said reservoir, together with the appur-tenances thereunto belonging, TO 'LAVE AND TO HOLD the sameunto the party of the second part and its successors so long asthe said party of the second part shall continue to maintain suchpublic library and reading-room therein, and so long as the saidparty of the second part shall use and occupy such building forthe purpose of maintaining therein a public library and reading-roomandcarryngontheobects-poration, as_provided by its said agreement of consolidation andthe several acts incorporating, the Trustees of the Astor Library,the Trustees of the Lenox Library and the Tilden -Trust, respec-tively, and any amendments to be hereafter- authorized to thesame, and so long as the party of the second part shall faithfullykeep, perform and observe the covenants and conditions hereincontained on its part to be kept, performed and observed.

gzontr.--Neither the party of the first part, its successors orsuccessor, nor the Mayor, Aldermen and Commonalty of theCity of New York, nor their successors, shall be chargeable orliable for the preservation of said building or the property ofthe party of the second part therein, against fire, or for anydamage or injury to be caused by fire to the said property; butit is agreed that the damages aforesaid excepted, the said party


11/72

150IBRARY BUILDING IN BRYANT PARK.of the first part shall, on reasonable demand, at all times matain and keep the said building in repair.CEOrb,As soon after the completion and equipment of sbuilding as practicable, the said party of the second part shtransfer to, place and arrange in said building, its library acollections, and shall have and enjoy the exclusive use of whole of said building, subject to the provisions herein containand the rules and regulations herein prescribed, during the cotinuance of the term hereinbefore granted.

fnuttl).The said library shall be accessible at all reasoable hours and times for general use, free of expense to persoresorting thereto,' subject only to such control and regulationthe party of the second part, its successor or successors, frotime to time may exercise and establish for general convenienprovided, however, that one or more reading rooms in salibrary shall be open and accessible to the public upon eveday of the week except Sundays, but including all legalpublic holidays, from at least nine o'clock A. hi. until at lenine o'clock P. M. and on Sundays from one o'clock P. M unine o'clockPnit., under such rules and regulations as the sBoard of Trustees shall prescribe from time to time and pvided that there shall at all times be established and maintainin the said library a free circulating branch, and that the samshall be opened for the use of the public during the day timon Sunday and during the evening of each other day of the wefor such time as may be prescribed by the said Board of Trutees in control of said library, the hour for closing said branof the library, however, on each evening to be not earlier thDo o'clock.

.fifth.The said library collections and all other propertythe said party of the second part which shall or may be placin said building shall continue to be and remain absolutely tproperty of said party of the second part, and neither the paof the first part, nor said Mayor, Aldermen and Commonaltythe City of New York, nor their successors, shall by reasonsaid property being placed in the said building, or continuitherein, have any right, title, property or interest therein, n


12/72

LEASE AND AGREEMENT.5 1shall the party of the second part, by reason of its use and occu-pation of this building under said agreement, acquire, or bedeemed to have acquired, any right, title, property or interestin the said building and the appurtenances, or the land on whichthe same is erected, except in so far as expressly granted by thisagreement.

.6iXtf).Tbe said party of the second part shall, on or beforethe 3ist day of December in each year, during the continu-ance of this agreement, submit to the Mayor of the City of NewYork a detailed printed report of the operations and transactionsof said party of the second part, and of all its receipts and pay-ments for the year ending with the 3oth day of June next pre-ceding.

.e .nrittil.The authorities of the City of New York shall haveat all times access to every part of said building for generalpolice visitation and supervision; and also for the purpose ofthe performance of the duties devolved upon them by the lawsof the State of New York or of the City of New York now enactedor hereafter to be enacted; and the police powers of the saidparty of the first part shall extend in, through and by the saidbuilding. The party of the second part, however, shall appoint,direct, control and remove all persons employed within saidbuilding, in and about the care of the building, and the libraryand collections therein contained, excepting the regular police-man on duty within the building or grounds, if any, and theemploy6s of the Park Department engaged in gardening or con-struction.

eiglit1).The city shall annually provide funds for the main-tenance and repair of the building, and the city authorities, orDepartment of Public Parks acting under its direction, shall, atall times, provide and care for the roads, walks, fences, gradingand general care of the grounds and appurtenances attachedthereto. The city, in addition, shall, at all times, furnish a sup-ply of water and adequate police patrol and protection. Withthe limitations already defined, the party of the second partshall exercise entire direction and management over all theaffairs of the library building and the books, collections andappurtenances.


13/72

152LIBRARY BUILDING IN BRYAN7' PARK.Ninth.--It is further expressly understood and agreed by between the parties hereto that this agreement may be whcancelled and annulled, or from time to time altered or modifas may be agreed upon in writing between the said partietheir successors, anything herein to the. contrary in anywnotwithstanding.

3n illitmess tWietent the party of the first part has cauthis Agreement to be executed by the Board of Estimate Apportionment, pursuant to a resolution of the said Boadopted at a meeting held on the first day of December, inyear one thousand eight hundred and ninety-seven; and the sparty of the second part has caused the same to be executedits President and its official seal affixed thereto, pursuant to relution of the Trustees of the New York Public Library, AsLenox and Tilden Foundations, and adopted at a meeting hon the eighth day of December, in the year one thousand eihundred and ninety-seven.

W. L. STRONG,Mayor.

ASH2ELP. FITCH,Comptroller.

JOHN jEROLf3TvIAN,President of the Board of AldermE. P. BARKER,

President of the Department of Taand Assessments.

FRANCIS M. SCOTT,Counsel to the Corporation.

JOHNBIGELoW,President New York Public Libr

Astor, Lenox and Tilden Fountions.

Attest :G. L. RIVES,

Secretary.(CORPORATE SEAL.)

xtt-mwtft**%*


14/72

Exhibit 3


15/72

" : 1 + 1 ! W r k 4 0 4 1 4 1 1 1 1 1 1 1 1 , 0 1 1 1 R O R i g i li g ia

477 , :39SThi s.s roiros , s ; ; " ,h :ilde*., r,runep78

the.;1,.11..f.hcrAni!:.:[...11,!!!..r-,!;tt.e.

Plozo ,. !!:in City Hali,a n d t h e ' , T e l . ;PoLlnda?Fifth Avenue at 42nd Street, New fork, NY 10018hereinAftcr

; l o w ,; , 14 -;sr!:i r o1 1 , -Tvt,.O7-;

1. . n7i irre'ireL ponsilliility ofn0 AH.r,vin , !C7rfunds under tho :LAtionAl HI!Itoric PL. p..2rvALion Act ofiPublic Law :0-6C5) for ;Ji.i1-rie

2. The !;atiohal riptoricequirc;assurance that the properticp .icnired or ,1(,vuloped under theAct be sati:LfActnrily maintained no that the hintnrical intergitvof features,ppcarancc, !4crkmanship anti vircrulent0 rbe nrotecto0 a,

f : L e : :.worker of cortain propertydescribed as, 1 ; , rAry, 7 1 . I T'!ac !;ew York PublicLibrary, Astol.,:Iden , .:u.plAton:; are the 1.ortu;Alle7zee theri,Ifnd0Ave x-.piied tofnrrc..;ervatih of 1;a:,1 prop,2rty_caxpress iY_Irpon(- o:GapplDVeIt oa payment to the New;uch t ,and:; us r . a yad('w.raiLableunder the ::atiosa/ Hstr2c i're:lervatinnAr7t of l'ifS, thePPLICAAT:horehy ariree and ebligae,ssume all costs

of maintenance, repair And admnistratlon of the ;ropertyhereinafter doLicrii,cd so a5 to protect and pnrservehistorical ilileyrity of features, matappe:Jrance, workman-ship andcnvirunnent.


16/72

4 7 1 E 1 , : 3 9 0S .t: AITI.NVO1'0 1c1)y1 ; 1 . 1 .) i50.1(.1 APPIJ(VOQ,L , , u.n nCnln,,pair aired administer such property

shall bind said APPLICand he enforceahlo ei.oinst same for aperiod of tiri,e to be 4etermincd by the amount of Federalnssi actro be received according to the CollowaL; schedule:

Federal, assistance of up to $9,995:0 yearsFcderal :,ssistance of S 10,000 LO9,'J95;0 yor.rsFederal_ assistance of $ i0,000 Lo $249,990; 40 years V lFederalassstance of 5250,000 andover:0 yoars6. As further consideration for the payment to theiAITLIWiNTsof such funds a:, aiti.iy he avallohlo unior the NationalHistoric Preseratict of irif;Papecifically earmarked foran acquisition ralhcr ChAil a dc.uclvp.nent pl::)jecu, the APPLICANThereby agree tonotifyPAI4NS that it has rectivoJ a iaona fideaccepabe offer to puchn:i, tlwproperty an;, in addtion, tho

it purchase prce and ntherot-of ouchshall have theYVLirrw. , ora7 lcporia42 of 306Lynthe giving of such notice, to purchase !be premises at th1 1. purchase price ant! oh the other uaturial ter:tsse t forth in saidfl1 1 offer.Thu AP;'LICANT,therchy agt - cc to maintain ohd use sad

property in accorddace with iitandacds establishedby PARKS andfurther agrees to voice no changeainthe st:uccure or i.aTrovemottts'of saidpremises or additions therute without the prior approvalof PART 5.

B. The APPLIUWazhereby agree La hold, maintoin areaadminister such pcoparty for the benefit of the p.:blie at largeaccording to the public L eacfit olidelinen that shall bepromulgated by the :;ational Park Service purtnianu to ot.:orsgrantedit by the National Historic PreservJtica Act of l94J6 and

nhallhe pubished fromtimetorime in il!!;rictinuLlc.ion and rioCcdUreN. A copyofLOU

2 -i t

.1 . . .7.1.4fAollgimpitoinhommaMoir

,


17/72

47 -1 400currently applicable public h,netit wAdolines is attachedhereto labeled Appendix I, and threhy incorporated herein.

9. The APPLI(lhereby adl lrr that it shall maintainsuch prcperty for Llwcnodt arcordilv to Lhe terms sc tforthis theiim ,dsey precedr); paragraphfor a period oftime to be determned by the amountothegrant. Suchperiodof time shall be dot:ermined in the sane manner and according tothe schedule set forth above in paragraph 4.

10 Asa iurchec consideration for the payment to theAPPLICANTSof such funds asmay he available under theNationaaistoric Preservation Act of 19 6 1i, the APPL1CANat;herebyagreeto discover tnrongh consultation withhether or not tileproperty of the APPLICANIl, for which funds ace requested, lieswithin on are., do:.iwaatoa by th,:epartrailit of Kouningand Urban Developroa"ryecial flood hil;.!nrti area," and inall cases w:lere, , rpperlyL ) % 1 , 1 d tooch"special flio..J haaar nrea"urther a,;ree -uo purchas,..ia poicyofnsurance. The a . a : , ) u s sof suds re n quirediarAirance shall hu determinad -aceordini, to standords ,.,opted bythe federal Cc,vert.m.nt and sh.:11.nhject to the approval efthe rationaln:.tances whcrL Lue,:hinsurnet.is deemcd neet.4-1c:. the API'LIL.Ai ,:TShereLy a t,reeLoinclude a 10,pa;.u clause jJi ',liepoicy hehheNationa ParkService. me AP:'LiCA:eknuviodi;, ',hat failure :a eumply withthis provision shall render' the APPIALANLinali6i l.)letoreucivefederal funds. i.

' ,40~101610r14111";


18/72

, itIRMINNIMmilm

.771. 401.,11:AtrE; iv.),, PARK:,eite 1.11,(11il.rom.fr.,Q to r inLIprovdng, howov r'Alt1;:i :911011. I.B.11 I to tilt! A1 Pas. L 1 n 11c. w.c.ck to:.or11 instsr.ct ion da.I !Alm rict.71HughIllsrrtti.r ,n and pro) idi_nr, 1 usi !R.I .- that such in!Tct Lon shal.hr condurcril in2-1.1C11a mann,rlL)Lto unrc.n.synalo Ly disturb orinte-r Cure wth t/TI.ItAlirraid proper I yt! /I i II Lll' )p Rion oAM.'trenotId satisfactorilyonntannr the prupery!a) ns Luprtiserve itshstorica int.,Ftv, 1A11.1+11shal 0.v, notice in writing of ;li lysuch brunch of cnndtion nnd wLhn a ppriod n 60 days aterrticci lit iii suchn 1;ci , I In APPLICANTS,ii;yrt.c ,to1.:11Jisuch steps

l ias :Iry 11 .cessn ry I , .r,ir no'Lu unrIc..r cakeL ia

it re.qurvd rcnlltr unr.e 5i I ts isod Spins(.E i

n I1 7rv, 1)L - In AIL1 1 1,1TAt4 FSo) ,, C"L.1 - 1 .,cttiatc thegh.0.7 1 1 11111111ACt.'i:chrt 1 ,,11 a5t.CCI . !.:'+1 -yordf , :; :1":11)1rIV1 , E"Cen !. . '" 1111!; nao n - n 111ir 171du lintjug Led z.o,he. III -4 in...., i-nd;ile t - ytnci-i n i riwye 11 ini; th . ,APPLICANTS vi) 4-11.1,nitc go t+tpremrvt. tL int. - prrpLi

,H .1 n .1.1 1,,11ilt.i'.iCeo.14 n 0)1 - s:1!.S;i 1 huinutnd t

Ped f11;i1 1 c-n ,-,t j 1,11u cov411:1:,t..; ra,11; inv wth the_ 1.mci.15-r. bur 10. :1; ; !-4-edL.. CIIisCli.it I. i:,i. Iii risHi0 LiiJ t CLmtthat mones thJru: ,, r j,1. I !I,:r , vrrmnrn rin ILcol- dal . ..el..11 thetin n 1ior ": - ...:Tor.....at tun A::[cif,tiand amendment s the:A-LE , .


19/72

By 01,0*- rSfl-047/

''i

; r P , q 7 : ! . . . 9 1 5 1 4 , M 0 0 % 110 71 1e WW, 7 ;4I

A . L.:

RONAI" !I:N.SCRELTHE CITY OF NEW YORKDl:PUTY MAYOR forINTER6OVIMNMENTAL xELATIONS

r

4771 ,, 4O ?le )t 5 Further agreed that 'Pile Hrw York Pohlio Lal,rary,AStor, Lenox and Tlden Foundations saghn this agre,nenkin its capacityas Toscoof theproperty and agl'ees toassume allthose obigations consistent wth itsobligationsunder its LEASEAND AGREEMIATS FOR THE Uf,E AND OCCUPATION OFTBE LIURARYBUILDLJC TO DE CON5TEUCTED 1:/ PPYANT PARE,whichis attached herfL.YJ and mode a part hereof.

/N WITNE:;;REDR, the portion hereto 11.0in this 2MN,dayof3 U P n eheir hands and s9alsand have signed or caused tlusuprelentto he sipl.adhY thuirduly authorizedrepresentative,

DFFECE OF PARgS AND in.:CP ,..:AT101 , 1

TITLEAPPLICANTS

uy

TITLE


20/72

rsa ILw c k r . l a in' ,r.1 : : ; : 4 ; t h e r , i n1 1- :;,... gi' ---01,4NL %I 3

0,....1.. ,....111-.4Y...,-;-,

477 403STATE OF NEW 3 : 6 + . . Y .COUNTY OF ALhANY

On tbisnyoreforeme1porson ally (w.ipLa; l endknonLH1 1 0 _ - c c , h e t h e ,ms -110;sLonerofche 01- Liced Recretien, 1hc; per;;;,1 describeda!,suchin 1 1 1 d who exeuucd the foreone, LosrumLn, and heduly ackuuw44.d,.ud to methatheexecuiod the s.Imuas suchGericf theUFfice ofiqnrl Recr;;atioul'orOre purpose therein mentLuried.

hotAlry r u n r c

STATE OF rvw)COUNTY OF

On tHi:; IP% day of ;ION*: lq721, hefrire mepersonllyi-eowy NlIttnic.tiet, is EA; knuuir,h i Lein by mePLPerf Moceottcot.duly sworn, ;1-i dvist ori !;Ay tLaL2; iv thL:rov eR,AeueetwoEtaTret-NATMOrof the c,prettWcit!2P.Perleft! 4+444114,4 o rkw icfficerdeCriht..41 is z:1 , '; s:hoexi.cucdthe 1%r; gong irlsrurnn; thnshe

H.AYalt.he,nrk. -1: , ,A nE try C:it'f

etoRt L.; cX,cliLuory.cu; instrualrotunalFCap/ evf ik,v4A3)4tatg,andihais4ic signe-d hisname therLto1 - dr , r of thr: !,;-;veInirt;; body so" Fa id:rty of-AURIMMIMIRPfaillitaitzk,


21/72

On this ) day oC , 1.577, before mepe rs la Ily cnme G-CW,II C-DC-01. ,Lo me known, who being byme duly swoi.1, did depose and say that he is the Bu pz-s, r u lA rof t he limrn-r-ci-1-4-44wc, t-,hecorporation described in andwhich executed the foregoinginstrument; that he has been duly ;Jutflorized by the Board of 1,t-usit.r.D irart*srs of said curpornt ion to execute the foregoing instrumenton behalf of.4oid corporation and that bee siVoleci his anise theretoby order of -.aid corporation for tho .,1.1uposes and uses thereindescribed.

r : D : 1 1 1 4 k A. sciskart i t ue tti.. 2-5 46%401nisnlyn,,,r ,

STATE OF tl iti LIRK)COUNTY OFthLn y977, before mee known and knciwume to be theme person descrihed in .1;:d who executed theforegoing i::striment nod he Lloly ari.nuwLed,ed t1;at hL exeeucetir he same.

N , tary Public

- I -

SS.:STATE OFORK )

)COUNTY

471 404


22/72

.54V

1.

sVIqten cL,,1

CLaC. 2Ca.3LL73 ;" --- F r).CC0=[

1.1.0 1C.Cr. 1310:c- 1- ..id, 0 I7..-5 LE01...-,O r. ,. r .0 ..':5 ......

5 . 1 : 511o n

4.1 77eJ--

1 70 V6cS..,7

4,5.0I-. .10 4.....- ..-/..., 43t.. ,. 1 f .5_1T r7 V-na0c'73E-.10a:-, ..-....,La, -,,:J . u,.. ,., . , . ..,'75CN3C00

1.1V, .4C-. ,P0A PSn-.1 1-. 1.0 I.-.L1002


23/72


24/72

Exhibit 4


25/72

BULLETINO} THE

NEW YORK PUBLIC LIBRARYASTOR LENOXAND TILDEN FOUNDATIONS

VOLUME I NUMBER 1JA2TV,ABY 1897

CONTENTSINTRODECTOET 6 -T.4.TEXKLiTADDRESS PERSENTED TO Tan MAYOR, Mit_ECH 25, 18952Besoxr OF TAE DIFACTOR FORMaLIST OF PEXSCIPAL Do 08

NEWYORK1897


26/72

C O N T E N T S _PAGE

ALBANYCONGRESSOF1754 (EmmETCOLLECTION, . 76-81Al4ER:ICA.N GENEA.LOGiES. See Genealogies, American.A M E R IC A N N E W S P A P E R S , etc., received in 1895-96,39-140AMERICAN STATUTE LAWS, etc., received in 1895-96,2-84AR cNrE o Loo lr , PE R IODIC ALS R E LAT ING T O,-3I2-2a6A S TRONO M Y, P ERIODI CA L S RELA TING T O,7-100, 121-124B O S T O N T E A P A R T Y , FR A N K L I N A N D T H E ,44CHEMISTRY AND PHYSICS, PERIODICALS RELATING TO,52-158COLUMBIA UNIVERSITY LIBRARY, See Periodicals.CONFEDERATE STATES ATTORNEys-GENERAL, RECORDS OF41-342CONNECTICUT AND -rittCONTINENTAL. CONGRESS,85CONTINENTAL. CONGRESS OF 774 (EMMET COLLECTION),25-136

See also MEmBERS OF THE CONTINENTAL CONGRESS,DECLARATION OF INDEPENDENCE (EMMET COLLECTION),51-364EDUCATION, 111OHER, or WOMEN, DOCUMENTS RELATIVE TO,37-138EMMET LIBRARY, MANUSCRIPT COLLECTIONS IN,2-63EMMET COLLECTION :-Albany Congress of 1754,6-8Stamp Act Congress of 1765,on-ro8Continental Congress of 1774,-1 3 6Members of the Continental Congress of 1774-89,159-172,19r-200,227-236,257-267,289-299

Presidents of Congress and of the United States, 2 3-33zDeclaration of Independence, .5 1-3 64

FRANKLIN, BENJAMIN, AND THE BOSTON TEA PARTY,44GENEALOGIES, AMERICAN:Part 1, A-D, 247-256; Part 2, E-L, 280-288;Part 3, M-R, 316-322; Part 4, S-Z, 343-35 0,GEOLOGY AND MINERALOGY, PERIODICALS RELATING TO,00-303LANOVAGE AND PHILOLOGY, PERIODICALS RELATING TO,1-56LAWS AND LEGISLATIVE JOURNALS, AMERICAN, received in r895 and 1896,2-84LRE, GENERAL CHARLES, TREASON in 1777,2-96LONGFELLOW AND "ARCTURUS,"45-246MANUSCRIPT COLLECTIONS. See Emmet Library; Eni -iet Collection;Smyth of Nibley Papers.MATHEMATICS, PERIODICALS RELATING TO,3-5MEMBERS OF THE CONTINENTAL CONGRESS (EMMET COLLECTION):New

Hampshire to Connecticut, 159-t7z; New York and New Jersey,191-200; Pennsylvania and Delaware, 227-236; Maryland andVirginia, 257-267; Carolinas and Georgia, 289-299.

MINERALOGY AND GEOLOGY, PERIODICALS RELATING TO,c,0-303MoMMSEN, THEODOR, TO GEORGE BANCROFT, -20NEW HAVEN, PLEA FOR NON-IMPORTATION, 1770, ,84NEw YORK OATH ROLLS OF175357445 0NEW YORK PUBLIC LIBRARY, INTRODUCTORY STATEMENT:The AstorLibrary, 3-5; The Lenox Library, 5-8; The Tilden Trust, 8-10;


27/72

coNTENT$PAGEThe Consolidation, o-ir ; The Organisation of the Library, /1-4;

Additions and Improvements, 14-16;The Future Site of the Library,x6-21; Address to the Mayor, Aldermen and Commonalty, 22-27;Book purchases and gifts, 85-87, 109-III, 141-143, 173-t75, 201-203 237-239;Classed purchases and gifts, 268-27r, 3 0 4-3 0 7, 333-335, 365-367; Donors in 1895 and 1896, 38-40; Donors in 1897,6-1 83, 112, 4 - 44, 176, 204, 240, 27 7 7 308, 336, 368; Gifu in 1895 and1896, 57-6r, 82-84, 139-140. See also Report.

NEWSPAPERS, EARLY AMERICAN, received in 1895-96,39-140NISBET, Da_ CHARLES, VIEWS OF AMERICAN SOCIETY :-No I,16-t2o;No.2180-183; No. 3, 312-315PAYNE, JOHN HOWARD, TWO LETTERS,51PERIODICALS AND SERIALS IN THE NEWYORK PUBLIC LIBRARY AND

COLUI6113IA UNIVERSITY LIRRARV:Archa e ology,12-26Astronomy,7-100, 121-124Chemistry,52-158Geology,00-303Language and Philology,1-5Mathematics,3-75Mineralogy,300-303Physics, .52-158PHYSICS AND C HEMISTRY, PERIOD. ICALS RELATING. TO,5.2-r58PLEA OF NEWHAVENFORNONIMPORTATION 1770, 15 4

PRESIDENTS OF CONG RESS, AND OF THE UNITED STATES (EMMET COLLECTION) 323-332REPORT OF THE DIRECTOR FOR 1896, WTH SOME STATISTICS FOR 1895:-

Catalogues, 18-29;Classification and Shelf Location, 29; Char-acter of the Collections, 30-3i; Gifts, 31-32; Purchases, 32-33,REPORT for January (open reference shelves, purchases and gifts),43-44; February, 67; March, 91; April (TreadIvay collection, trans-fers, Emmet catalogue), 115-116; May (use of periodicals, prelimi-nary competition for plan of building, Hebrew collection), 1 47 - 14 8 ;June, 179;uly. 207; August, 243;eptember (new index cata-logue), 275; October, art; November (site and plans of the newlibrary building, Mr. Cadwalader's gift, new index catalogue atLenox branch, check list of genealogies), 339-340.

SMYTH OF NIBLEYPAPERS, 1613-1674, 186-19.6STAMP-ACT CONGRESS OF 1765 (EMMET COLLECTION), 10I-08

YATE'S ACCOUNT OF A VOYAGE TO, IN 1619, 68-72V1RGINLk, GEO. YEARDLEY'S LETTER FROM, 1619,72VIRGINIA PAPERS, SMYTH OF NIELEY, 1613-74, 186-190WASHINGTON'S COPY-PRESS LETTERS:-Part I, 1792-94, 208-211; Part 2,1 794, 2 7 6-279 -WEARE, MESEIECI, PLAN FOR COLONIAL UNION, 175-4,149-150WOMEN, HIGHER EDUCATION OF, DOCUMENTS RELATIVE TO, 137-138YATE'S ACCOUNT OF A VOYAGE TO - `4 T IRGCNIA IN 1619, 68-72YEARDLEY, GEORGE, LETTER FROM VIRGINIA, 16197 72


28/72

BULLETINOF ITIZ

NEWYORKPUBLICLIBRARYASTOR _LENOX AND TILDENYOUNDATIONS

JANuAR1r, M97. No, 1_

INTRODUCTORY STATEMENLAs introductory to the first number of the Library Bulletin, the

following historical outline of the foundation of THE NEW YORKPUOLIC LIBRARY, ASTOR, LENOX AND TUA)EN FOUNDATIONS, and of theorigin of its three constituent corporations,together with a briefaccount of the present condition and future prospects of the Library,has been prepared under the authority of the Board of Trustees. Itis hoped that this statement may serve to make clear to the citizensof New York, and to all lovers of literature, the great possibilities ofusefulness which are open to the Library, and_tliat it may also explain thelimitations which have been imposed upon the action of the Trustees.

THE ASTOR LIBRARY.The Trustees of the Astor Library were incorporated by an Act

of the Legislature of the State of York, passed January 18, 1849.The original endowra,:nt came from a legacy under the will of JOHNJAcoBASTOR, who died in New York early in the year 1848. Hisdesire, as expressed in his will, was " to render a public benefit to theCity of New York and to contribute to the advancement of usefulknowledge and the general good of society," and he accordingly leftthe sum of four hundred thousand dollars for the "establishment of aPublic Librag to be accessible at all reasonable hours and times, forgeneraree ofexpense to erpthereto"

Following the detailed instructions of the testator, his Trusteesapplied to the Legislature of the State for such a charter as should"fully secure, establish and perpetuate this Institution and render its

3


29/72

4N T R O D U C T O R Y S T A T E M E N Tmanagement easy, convenient and safe, both to themselves and thepublic " ; and having obtained it they next proceeded to acquire fromMr. Astor's Executors a plot of land on Lafayette Place in the City ofNew York, to erect thereon a suitable building, and to purchase bookssufficient to constitute a respectable nucleus for what should ultimatelyprove a great collection.WILLIAM B. AsToR, the son of the founder, was one of the firsttrustees of the Library, under his father's will, and was himself a liberalbenefactor, During his lifetime he gave to the corporation a plot ofland as an addition to its site, doubled the Library building-, advancedmoney for the purchase of books, and added to the endowment. Hisdonations during his life amounted to $201,0oo, and by his will he leftto the Library an additional sum of $249,00o, bringing his gifts up to atotal of $450,o00.

In the third generation. of the Astor family, JOHN JACOB A S T O R , JR.,a son of William B. Astor, was for many years a diligent Trustee,serving as Treasurer of the corporation from 1868 until his death in1890. During his lifetime he also presented to the Library an additionto its site, erected a wing to the building corresponding to that whichhis father had built, and gave largely for the purchase of books and forthe preparation of the printed catalogue ; and by his will he bequeathedto the corporation the sum of $450,000.

Another son of William B. Astor, WILLIAM ASTOR, who died in1892, bequeathed to the corporation the sum of $50,0o0.These and other benefactions of lesser amounts were so carefullyand wisely invested by the Trustees that on December 31, 1894, thetotal endowment fund of the corporation, consisting of securities andcash on hand, amounted to $94t,266,99. This was, of course, in addi-tion to its site and buildings, and its books.

The income of the Astor Library for the year 1S94 was $47,054.05,The number of bound volumes was 26o,61The daily average of persons using the Library was 287.The Trustees of the Astor Library, at a very early period in its

history, expressed their conviction " that not only the convenience_ ofthe public, but the preservation and safety of the library absolutelydemanded, that the books should not be lent out or taken from thelibrar building under an circumstances. Ina library of reference,intended for studen ts, nca oime, and often comingfrom a distance for consultation, the necessity for every book requiredbeing always ready for examination without delay, must be -apparefi-t."


30/72

INTRODUCTORY STATEMENTAnd in a report made to the Legislature of the State of Nev York in1858, the Trustees reiterated their convictions, and further stated thatthey had "deemed it proper and necessary to prevent any further agita-tion of the subject by entesing on their records a stipulation expressingthose views in such a form as to furnish a led e, not onl to the ublic,but to every friend of learning, who may hereafter feel disp2sed to aidthe library bydonations or endowments."

A reference to the minutes of the Trustees shows that this pledgewas adopted at their meeting on the 29th of July, 1857, in the followingtel pu s

"Mr. [William B.] Astor stated, that the donations by him made, and someintended to be hereafter made, were on the understanding that it was thesettled and unchangeable basis of administering the Library. that its con-tents should remain in the Library rooms, for use by readers there, andshould not be lent out or allowed to be taken from the roams- and herequested that the views of the Board be freely and fully expressed. It wasthereupon

"Resolved, That the settled and unchangeable plan of administering theLibrary is the one a n ove express an un ers no. r. Astor; and thedonations in money iand and at erwise, received from r. Astor, ancriT-h7hereafter received from him, and from other fries s vt learning, are receivedand will be administered according ta such plaEn, and dot otherwise."Upon these terms, therefore, the larger part of the endowments of

the Astor Library were expressly received, and its property was in con-sequence regarded by its Trustees as being held by them solely for themaintenance of a library of reference for students. To that purposealone could their funds be rightfully devoted.

THE LENOX LIBRARY.The Trustees of the Lenox Library were incorporated by an Act of

the Legislature of the State of New York, passed January 20,187o,which closely followed the language of the charter of the Astor Library,in empowering the Trustees to maintain a public library which shouldbe " accessible at all reasonable hours during the day, for general use,free of expense to persons resorting thereto, subject only to such controland regulations as the said Trustees, from time to time, may exerciseand establish for general convenience." The original endowment ofthe Library came from the gift made by JAMES LENOX of New York, inhis lifetime, of a valuable site on Fifth Avenue,comprising the entirefront upon Fifth Avenue of the block between 70th and 71st Streetsand running back125feet ; of the great collection of manuscripts,Bibles, earl reprinted books, engravings, s, statuary, paintings, draw-ings and other works of art which he had gathered during a long life ;


31/72

6N T R O D U C T O R Y S T A T E M E N Tand of a fund of three hundred thousand dollars. Mr, Lenox subse-quently added largely to the fund he had first given, and lived to seethe Library building completed_His sister, Miss HENRIETTA A. LENOX, who died in 1886, bequeathedto the Library the sum of $1`00,000, " to be applied to the purchase ofbooks only," and it was out of this bequest that the library of the lateGeorge Bancroft was purchased at acost of over $8o,000. Miss Lenoxalso devised to the Trustees of the Library the remainder of the blockof land on which the building stands; so that the Trustees came intopossession of the entire parcel bounded by 70th and 71st Streets andFifth and Madison Avenues; a part of it, however, being subject (underMiss Lenox's will) to certain conditions as to its use more fully men-tioned below.

MARGARET WOLFE DUYCKINCK (widow of Evert A. Duyckinck), byher will, proved in 189o, enriched the Lenox Library by a legacy of allthe valuable printed books, manuscripts and engravings she possessed,most of which had been collected by her late husband, and she leftto the Library in addition all the rest of her property of every kind,subject to a still - existing life estate. The value of this residuary de-vise is known to be large, but as the property has not yet come intothe possession of the Trustees no valuation has been put upon it,Itis possible to speak in more definite terms of the pecuniarybequest made by MARY STUART (widow of Robert L. Stuart), whodied in 1891, and not only left to the Trustees of the Lenox Libraryall her costly books, manuscripts, works of art and an extensive collec-tion of minerals and shells, but also a share of her large residuaryestate. The books, works of art and collections of natural history,under the express requirements of the will, are placed in a separateroom of the Lenox building, and are held on condition that they "shallnever be exhibited on the Lord's day." The share of Mrs. Stuart'sresiduary estate received from her executors amounts to $303,693.06.

The collections of the Library were also largely increased by thevaluable bequest byJOSEPHD R E X E L of so much of his library asconsisted of " works relating to the science of music, also all musicalcompositions and treatises, or other works on musical subjects."

The additions made by these specific legacies, or by purchases, toSome extent changed the character of the Library, which was at firstcomposed solely of the books and manuscripts of Mr. Lenox, many ofwhich were quite unsuited to the general public ; the collection com-prising numerous rare and costly editions of the Bible, the scarcer


32/72

INTRODUCTORY STATEMENT 7Americana and specimens of early printing, besides many priceless manu-scripts, of which the draft of Washington's Farewell Address is perhapsthe finest.The Trustees, in their report made to the State Legislature, datedJanuary 12, 1882, discussed at some length the peculiar characteristicsof this Library. It was not, in their view, a great general library,intended for the use of readers in all or most of the departments ofhuman knowledge, but was rather a group of special collections ofbooks to which the generous taste and liberal scholarship of Mr. Lenoxhad been devoted; and they considered that the permanent securityand preservation of these collections was their first duty, as it had beenthe primary purpose of the founder. They regarded the Library ashaving been established "for the public exhibition and scholarly use ofsome of the most rare and precious of such monuments and memorialsof the typographic art and the historic oast" as had escaped the wreckof time; and such volumes were not to be subjected to the constantservice of circulation or use in which they may be worn out or de-itroyed." In other words, they treated their books as constituting amuseum rather than a library, and to a certain extent this must alwaysbe the olic of those who are entrusted with the dut of eservingthe collections of Mr. Lenox.

With the growth of the Library a larger proportion of books becameavailable for general use, and in November, 1887, the requirement oftickets of admission- which had theretofore prevailed was dispensed withand the Library was thrown open freely to all visitors.

On December 31, t894, the securities and cash on hand, belonging -to the Lenox Library, amounted in all to $5o5,o80.99 ; besides whichthe Corporation had a vested remainder in fee, subject to an outstand-ing life estate, in all the property of Margaret Wolfe Duyckinck.

The receipts for the year 1894 (exclusive of payments on account oflegacies) were $20,4.97.78.

The number of bound volumes was about 86,000The daily average of readers was 22, and in addition many thou-

sands came to inspect the works of art and the exhibition of earlybooks and manuscripts, bringing the daily average of visitors in 1894.up to 84.

The books of the Lenox Library were not held upon any expresstrust limiting their use; but the collection was so largely composed ofrare and costly works that it was manifestly unfitted for a lendinglibrary, or even for general popular use, and thus by its nature it was


33/72

INTRODUCTORY STATEMENTcarried out under the law as it then stood in the State of New York,and a suit was begun to test the validity of the testamentary provisionsabove mentioned. This suit was memorable, not only for the unusuallylarge amounts involved, but also for the great diversity of legal andjudicial opinion which the controversy elicited, Of eleven judges inthe Supreme Court and Court of Appeals, five held that the residuaryclauses were valid and six held that they were invalid. It was not untilOctober 2.7, t89I, that the case was finally determined by the decisionof the Court of Appeals, holding by a bare majority that the attempteddisposition of the residue was void,This unfavorable result of the litigation would have stripped TheTilden Trust of all its property, but for the fact that before the deter-mination of the Court of Appeals, an agreement of compromise wasarrived at between Mr. Tilden's executors and The Tilden Trust Onthe one hand and Mrs, Hazarda niece of Mr. Tilden'son theother. Mrs. Hazard, as the only surviving child of Mr. Tilden's sister,was entitled to one-half of the residuary estate in case the Court ofAppeals should declare against the validity of the residuary clauses,whereas if the Court should uphold those clauses, she would not be en-titled to any part of it, The compromise agreement, which bears dateMay 29, r891, provided that the executors should pay Mrs. Hazardthe sum of $975,00o, in consideration of which she released to TheTilden Trust all the interest she would have in the estate in theevent of the residuary clauses being held invalid. The result of thisarrangement was that upon the final determination by the CourtsThe Tilden Trust remained possessed of one-half of Mr,. Tilden's resid-uary estate, less the $975,000 paid to Mrs. Hazard, while the otherhalf of the residuary estate was vested in certain other relatives of thetestator.In March, 1892, an agreement was entered into for an amicablepartition of the estate. Under this agreement certain securities, esti-mated to be worth $5oo,000, were set apart to provide for the paymentof possible debts and liabilities, and for carrying out certain doubtfulprovisions of the will in the event of those provisions being sustainedby the Courts. The remainder of the money and securities wasaccounted for and distributed. The real estate remaining in the handsof the executors was left undivided to await a favorable opportunity fordisposing of it. And finally the household and personal effects of thetestator were so divided that The Tilden Trust acquired Mr. Tilden'sentire library, books, manuscripts, prints, engravings, pictures and


34/72

INTRODUCTORY STATEMENT'

statuary, with the exception of one portrait which was set apart forthe heirs.

The Tilden Trust, therefore, on December 3 I ,1894, was in posses-sion of Mr. Tilden's fine private library, containing about 20,000 vol-umes. As an endowment fund, it held first, a large amount of personalproperty, the value of which could not be accurately stated owing tothe fact that many of the securities of which it was composed were ofa kind not generally dealt in upon the market ; second, a half-interestin so much of the contingent fund of $5oo,000 as might turn out not tobe needed for debts, liabilities and doubtful trusts ; third, a half-interest in the testator's real estate, including Mr. Tilden's residencesin the City of New York, and at Yonkers, It was the opinion of theexecutors that the entire endowment might fairly be estimated to beworth $2,000,000 ; the residuary estate having turned out to be morevaluable than they had at first ventured to anticipate.

THE CONSOLIDATION_As a result of an exchange of views during the year 1894, between

certain members of the respective Boards of Trustees, negotiationswere begun early in 1895 between the three corporations whose historyhas been briefly sketched above, looking to a consolidation in such formthat the benefits of the three institutions rni ht be more wiZely dissem-inated among the people. The Astor and Lenox Libraries, occupyingsomewhat the same field, wereto a certain extentduplicating eachother's work ; and their endowments, great as they were, produced rev-enues which were plainly insufficient to enable them to maintain refer-ence libraries on a proper scale. It was for example, impossible foreither Library to incur the increased expenses incident to the lightingof their buildings and of 'keeping them open to the public except duringthe hours of daylight ; and it was equally impossible to fill up thenumerous important gaps existing in their collections, or even to keepfairly abreast of current publications. The Tilden Trust, on the otherhand, while possessing an important endowment, had only the barenucleus of a collection of books, and having no suitable building, itwas apparent that any effort by its Trustees to create an independentlibrary would simply result in leaving The Tilden Trust in a positionnot suite so favorable as that of either the Astor or the LenoxLibraries_

Under these circumstances., the advantages of a consolidation wereabundantly manifest. The difficulties in the way, however, were serious.


35/72

I N TR O D U C T O R Y S T A T E M E N TIThe diversity of the trusts under which the properties of the three cor-porations were held, and the legal perplexities arising therefrom., as wellas from the then existing legislation of the State of New York, not tospeak of what may be termed the moral obligations tacitly assumed bythe Trustees of one or other of the several bodies towards the foundersand their families, were such as to make it necessary to proceed withextreme caution. But by February 22, t895, a provisional understand-ing was arrived at by the representatives of the three corporations.

The legal difficulties arising from the condition of the statute lawwere removed by the passage of an Act of the Legislature on April 2,1895, amending the previous act relative to the Consolidation of LibraryCorporations, Immediately thereafter negotiations were resumed andcarried to a favorable conclusion by the separate action of the threecorporations. On May 23, i895, a formal agreement was executed,pursuant to the terms of the enabling acts, whereby a consolidatedcorporation was formed under the name of Tut NEW YORK PUBLICLIBRARY, ASTOR, LENOX AND TILDEN FOUNDATIONS, The terms ofthe agreement were as simple as possible. The new corporation wasto establish and maintain a free public library and reading room in theCit r of New York, with such branches as mi ht be deemed advisable,and was to " continue and promote the several objects andi._ip_oses setforth in the several acts of incorporation of The Trustees Of the AstorLibrary, The Trustees of the Lenox Library and The Tilden Trust."it was distinctly provided that the new_ corporation should make appro-priate provision for faithfully keeping and observino - all the limitations,conditions or restrictions under which any of the funds or property ofthe several constituent corporations were to be used or en'oyed.

The agreement of consolidation was duly filed in the proper officeson May 24, 1895, as required by the Act, and the first meeting of theTruLees of The New York Public Library was held on Monday, May27th, 1895. At this meeting officers were elected, who are still in dis-charge of their duties, and standing committees were chosen. At asubsequent meeting By-Laws were adopted whereby the Trustees areto hold office continuously and not for a stated term, and vacancies areto be filled by a vote of the remaining Trustees, No vacancies haveas yet occurred.

THE ORGANIZATION OF TEE- -LIBRARY.The problems involved in the administration of so large an estate as

that created by the union of the three original corporations, and the


36/72

NTRODUCTOR STATEMENT9and the gathering together of their libraries and collections in the mainbuilding, and the furnishing to them of facilities for meetings ; andarrangements for the giving of lectures on scientific, literary and popularsubjects_

In attempting to carry out these aims, it seemed to the Trustees tobe not only just, but absolutely essential that public aid should beextended to such forms of instruction, designed solely for the benefitof the public. It was their belief that the time had come when at leastan opportunity should be offered to the City for doing its appropriatepart in the great work of extending the very best library facilities to allour citizens, although it was not then and never has been the intentionof the Trustees to ask the City to do the whole or the greater part. Byfar the larger share has already been done by private munificence. TheTrustees were of opinion that if they representing the great gifts of thefounders of the Astor,Lenox and Tilden Libraries, should appeal to theauthorities of the City for such aid as might be necessary to renderthose benefactions of the greatest benefit and usefulness to the people,their appeal would be met by the public authorities in a liberal spirit, inwhich they would be cordially sustained by public opinion.

They accordingly resolved to apply to the City authorities for ap-proval of such legislation as would enable the City to grant to the. Cor-poration, by some permanent tenure, a proper site for its library build-ing, and such funds as might be necessary to enable the Corporation toconstruct and equip a suitable building thereon.It was, of course, apparent that no land belonging to the City wasso favorably situated for the purpose suggested as the site of the presentreservoir on Fifth Avenue, between Fortieth and Forty-second Streets.

The Trustees, therefore, on March 25th, 1896, presented to theMayor of the City a fol alai address, a copy of which is appended. Theviews of. the Trustees were further explained upon the same occasionin addresses by the President and First Vice-President of the Corpora-tion. The Mayor expressed hig approval of these views so far as theyrelated to the establishment of the Library upon the reservoir site, and,in accordance with his wishes, the Trustees proposed to apply in thefirst place only for such legislation as should enable the City to grant asite upon that ground, stating, however, that they reserved the right toapply at a future time for the grant of such funds as might be necessaryto construct and equip a building.

Upon examination of the Statutes relating to the subject it wasfound that authority had already been lodged in the Board of Alder-


37/72

20NTRODUCTORY STATEMENTmen and the Board of Estimate and Apportionment by concurrentaction to place the site of the reservoir under the control and manage-ment of the Department of Public Parks, and to remove the reservoir.And by an act passed in 1893 the Department of Public Parks wasempowered to contract with The Tilden Trust for the use and occupa-tion of any building that might thereafter be erected upon the site ofthe reservoir. All that was needed, therefore, was such an amendmentof the last mentioned act as should fit the altered circumstances of thecase.

Early in May, 1896, the Legislature passed a law which authorizedthe Department of Public Parks, upon the removal of the reservoir,to enter into a contract with this Corporation for the use and occupa-tion of said land, or of any part thereof, by the said corporation andits successors for establishing and maintaining a free public library andreading room and carrying out the objects and purposes a said corpo-ration * * * and said contract may provide that such use andoccupation may continue so long as the said The New York PublicLibrary, Astor, Lenox and Tilden Foundations, or its successors, shallmaintain such free librar and readin' room. u on said land."

This Act, under the provisions of the State Constitution, was sub-mitted to the Mayor for approval, and a public hearing was had beforehim on May t2th, 1896, Some opposition was made by various citizensat this hearing. The Board of Fire Underwriters objected on theground of the supposed necessity of the reservoir as a part of theCity's system of water supply_ Certain residents of the vicinityobjected on the ground that if the reservoir were removed, the wholeof the land which it occupied should become an open park_ TheMayor, nevertheless, approved the act, and it became law on May 19th,t896, by the signature of the Governor,

The Trustees then applied to the Board of Aldermen for the pas-sage of a resolution by which the land occupied by the reservoir shouldbe placed under the control and management of the Department ofPublic Parks, that being under the existing statutes the first steptowards procuring a removal of the reservoir. Public hearings wereagain had before a Committee of the Board of Aldermen and a largeamount of testimony was offered upon the subject of the value of thereservoir as a means for storing and distributing water. It was, on thewhole, the unanimous judgment of those most competent to form anopinion, that when the large water mains, now being laid in Fifth Ave-nue, should have been completed south of the reservoir, its usefulnesswould unquestionably be at an end.


38/72

INTRODUCTORY STATE ENTIOn June Sot h, 1896, the Committee of the Board of Aldermen

reported in favor of passing a resolution placing the reservoir site underthe control and management of the Department of Public Parks, butwith a proviso that the reservoir should not be removed until the newmains had been laid and were ready for use as far south as Thirty-eighth Street. The Aldermen, however, took no action on this reportuntil December 22d, 1896, when the resolution recommended by theCommittee was unanimously adopted. It was approved by the Mayo(two days later.

It still remains for the Trustees to secure from the Board of Esti-mate and Apportionment the proper authority for the removal of thereservoir ; and then to enter into negotiations with the Department ofPublic Parks for a contract allowing the use of the reservoir site forthe establishment of a library building. The Trustees feel confidentthat the enlightened views of the public authorities will lead to a favor-able consideration of both applications.

The question of the source from which the means are to be pro-vided for erecting and equipping a building on the reservoir site is stillopen. The Trustees are of the opinion that the City authorities wouldbe amply justified in approving an expenditure of the City's funds forthat purpose. Precedents for such an outlay on the most generousscale may be found in the recent action of the Cities of Boston andChicago. But if the City authorities are unable to see their way toincurring the necessary addition- to the public debt, it is hoped by theTrustees that private liberality may make good the needs of the library.Certainly no man could erect for himself more splendid memorial thansuch a building freely given to his fellow-citizens.


39/72


40/72

-

XXX.ADDRESS TO THE MAYOR, ALDERMEN AND

COMMONALTY OF THE CITY OFNEW YORK.

PRESENTED BY THE BOARD OF TRUSTEES TO THE HON.WILLIAM L. STRONG, MAYOR, AT THE CITY HALL,MARCH 25, 1S95.

gip Dim Park. 113ablir fibrarp, formed by the consolidationof the Astor and Lenox Libraries, and the Tilden Trust, havingperfected its legal organization, the Trustees must now decideas to the scope of the work to be undertaken by the consolidatedbody, and as to the site and character of its building.

The charters of the individual cor orations and the trustsassumed towards the founders of the libraries and other benefac-tors,ender it necessary in an _event that the Astor and Lenoxcollections shall always remain in the library for use by readersthere, and shall not be lent out or allowed to be taken by indi-viduals from the building. This necessarily involves the erec-tion of a building adequate for convenient access by the public,and with sufficient accommodation for the large additions whichare necessary to make these collections such a library of refer-ence as is required in this City.

While the present collections are of great value as a founda-tion, they are, nevertheless, small and incomplete in compari-son with the great librar ies of other countries, and the presentbuildings are in many respects unsuitable and wholly inade-quate to the future needs of the Corporation.

The annual income of the. Corporation at the present time isabout Sr6o,coo, This amount will eventually be somewhat in-creased by the sale of property now unproductive, including one

12 5


41/72

or both of the present library buildings. On the otheincome will be reduced, if the Corporation is compits own funds, to erect a suitable building.

The expenses of such a reference library as mutained will be necessarily very large. In order to camaintain the present collections, an outlay of not less ta year is necessary. In addition, large sums must bas opportunity offers, to fill up the numerous exThe Astor and Lenox Libraries are now kept openhours of daylight only; but the cost of maintenance istration, including repairs, heating, lighting, clealoguing, &c., will amount to $75,ocio a yearand tincrease with the increase of the collections. If tare to be kept open during the evening, there willincrease In the cost of administration.

The Trustees are, therefore, satisfied that althousolidated Corporation will probably have means enable it to maintain a free reference library with amrooms and accommodation for students ; nevertheCorporation shall provide its own site, whether froowned or to be acquired, and erect thereon a buildithe future needs of such a library alone, its income wficient to do more than to maintain the same in full e

To accomplish this result will, indeed, be no smment, because in considering the subject, no one cimpressed with the meagre and unsatisfactory proving in the City of New York, either for scholars ana reference library, or for home reading throughcirculation.

The following table shows the number of books pal Libraries of the World :

LIBRARY.ITY.Bibliotheque Nationalearis

ritish Museumondonmperial Libraryt. Petersburg.oyal Libraryunichoyal Publicerlintrasburg Universitytrasburgibrary of Congressashington

r

126IBRARY BUILDING IN BRYANT PARK


42/72

ADDRESS TO THE MA Y OR.27LIBRARY.ITY.OLUMES.

Public Libraryoston0o, ocoImperial Libraryienna70,000Bodleian Libraryxford30,000Leipsic Universityeipsic04,000Royal Libraryopenhagen00,000Stuttgard Universitytuttgard -00,000Buda-Pesth Libraryuda-Pesth63,000Cambridge University.Cambridge, England50,000Biblioteca Nacionaladrid50,000Gottingen Universityottingen50, 000National Centrallorence37,000Vienna Universityienna18,000St. Mark's National ...........Venice15,000Public Libraryamburg10,000Royal Libraryrussels05,000Royal Libraryresden00,000National Libraryhe Hague00, 000Heidelberg Universityeidelberg00,000Harvard Universityambridge, Mass00.000Chicago Universityhicago80.000New York Public Library..ew York50,000In other countries, and in other portions of our own country,it has been considered an essential duty of the State to provideadequate support for a great Public Library. In our City noreal obligation in that respect has been assumed on the part ofthe public authorities; and the entire subject has been practi-cally left to private enterprise or private benefaction. Whilemillions have been spent upon Parks, Armories and Public Im-provements, public contributions to libraries have been insig-nificant. But private benefactions, however generous, cannotbe expected to supply, unaided, the means that are essential tothe establishment and maintenance of a library of the first rank.Thus the Parliamentary appropriations for the current year forthe British Museum amount to .. 157,784, or about $75o,000; towhich must be added the income from six funded bequests, andthe value of all the books, pictures, charts and other publica-tions of the British press, which it receives without cost underthe operation of the copyright laws.

The following table exhibits the amount expended by thepublic authorities of the City of New York for library work, as


43/72

F

128IBRARY' BUILDING IN BRYANT PARA'.compared with the expenditures of some other cities in thiscountry :

CITY. POPULATION IN1890,PUBLIC LIBRARY

INCOME.INCOME PER

I, 000OF POPULATION.

Springfield, Mass4, 1 79 $25,000 $565.88Boston, Mass.* 445 ,477 170,000 379. 0 6Peoria, 41,024 15,000 3 6 5. 6 3Minneapolis, Minn64,73 8 55,000 333.86Worcester, Mass4, 6 5 5 28,36o 335.00Hartford, Conn3,22o 15,000 281.84Newark, N.81,830 41,00o 225.48Lowell, Mass7, 69 6 1 4, 639 188.41Toledo, 01,434 15,00o 184.19Omaha, Neb.40,452 24,000 170,87Providence, R.32,146 22,000 166.43Detroit, Mich05,876 34,000 165.14Cincinnati, 096,908 41,000 138.08San Francisco, Cal98 ,997 40,000 1 33-7 8Milwaukee, Wis04,468 25,000 122.21Chicago, 37,099, 8 5 0 I25,000 113.65St. Louis, Mb,5 1 ;770 5 4, 000 11 9 . 5 3Baltimore, Md34,439 50,000 115.09Cleveland, 06 1,353 28,000 107.13New York.,515,301 40 , 000 26.39

Past experience seems to have demonstrated that no referencelibrary-no matter how complete or how freely thrown open tothe public-can really and thoroughly either interest the publicor provide for its wants. To accomplish this result an adequateand satisfactory Free Public Library System must aim at thecirculation of books for home reading, both for cultivation andrecreation, in addition to supplying the needs of scholars. Inno other way can the benefits of education and training of thepublic school system be preserved and made effective.

Moreover, the providing of a single library from which thepublic may draw books is not sufficient in a large city, and thesystem is only successful where its benefits are brought by meansof many stations within reasonable reach of all. In other words,

* Land and building provided by City. Cost of building about $2,361,000,f Land and building provided by City. Cost of building about 1,325,800.


44/72

what is necessary for real public interest and lasting public ben-efit, is a great central library of reference and exhibit, and inaddition, the public must be provided with the means of pro-curing books for home reading within some reasonable distanceof their residences.

The beginning of a movement for free circulation of books hasbeen made by the New York Free Circulating Library, and on asmaller scale by other associations; but their means and facili-ties are entirely inadequate to the demands and needs of thepublic. The Trustees are satisfied that that organization willgladly co-operate in the establishment of a satisfactory PublicLibrary System.

As early as 1847 the State of Massachusetts authorized a taxto establish a free library in Boston, and in 185 1 such law wasmade general throughout the State of Massachusetts. As theresult of this legislation, over two hundred towns in that Statenow have public libraries, containing an aggregate considerablyin excess of two million volumes. Many other States have nearlykept up to the Massachusetts standard, ,9 , lad in New Hampshireit was proposed, in 1893, for the first time to make it obligatoryon towns to have and maintain public libraries in the same man-ner in which public schools are maintained. An act to this effectwas passed in 1895.

The promoters of this legislation proceeded on the theory thatit was unpardonable to make large yearly expenditures for com-mon schools, and then deny to the public the means of furthereducation. Indeed, a popular public library, bringing soundliterature within the reach of every man's home, is in a very realsense a part of the educational system of the State. Education.ought not to stop with the public school, nor even with the highschool. It is necessary also to provide the higher school whicha well-equipped popular library can alone afford. Moreo ,,er theState has a profound interest in aiding .the circulation of ideasthat are not ephemeral. The best influence of a popular pressmust largely depend upon its having within reach a completestorehouse of scientific, economic and historical facts, with whichto correct the crudeness of hasty judgments of great social andnational movements.

ADDRESS TO THE MA Y OR.29


45/72

13 0IBRARY BUILDING IN BRYANT PARK.The State of New York, although under early laws some pro

vision was made for district school libraries, was one of the mosbackward of all the States of the Union, having until very latelno free library law; but public libraries are now a. part of theeducational system of the State, and good results should be ex-pected from the present law in the smaller towns and cities.Nevertheless no Public Library System has been adopted for theCity of New York, and the modest contributions made by it tothe general object of libraries, bear a sad comparison with theamounts contributed for other laudable objects.

It is plain that the City of New York should have a broad andcomprehensive Library System, adequate to furnish recreationand instruction to all. It is equally plain that while the meansat the command of this Corporation are entirely inadequate toundertake the whole work, nevertheless its existing organizationand the resources at its command offer to the public an oppor-tunity to secure at a minimum cost such a Public Library Systemas shall be in keeping with the importance, dignity and magni-tude of the City. If the present opportunity be lost, long delaywill ensue in establishing any such system ; the expense must beenormously increased; and as this Corporation will have enteredon its work, within the limits possible to it with its present re-sources, a new library will, to a considerable extent, again createthe very evils from which the several organizations, by theirconsolidation, have sought to escape.

In this condition of affairs, the Trustees of The New YorkPublic Library have deemed it their duty to make a frank pre-sentation of these facts, and to tender to the public their aidand all the resources at their command toward the foundationof a Great Public Library, able to supply the needs of all classes,and which shall do honor to the City.

If the City of New York will furnish a proper site, and pro-vide the means to erect thereon a suitable building for the pur-poses of the New York .Public Library, excluding for the presentthe req ,Arernents of branch libraries or delivery stations otherthan those now controlled by the Free Circulating Library, thenthe New York Public Library can, through the sale of its pres-ent sites, obtain such an addition to its funds as will justify it


46/72

ADDRESS TO THE MA Y OR.31circulation of books from its main building.

rk can and will have a free Public Library on the broadest

It must be borne in mind that in suggesting that the City

for themselves or the Corporation

buildings will simply diminish the means that

Should the suggestions of the Trustees be favorably received,

The site is an ideal one for such a building. It is to-day the

d even more so by new means of communication.


47/72

13 2IBRARY BUILDING IN BRYANT PARA- .retain a like superiority. At no point further north can anysimilar convergence of public modes of travel ever be antici-pated.

On this site it will be possible to erect a library building, dig-nified, ample in size, visible from all sides, with uninterruptedlight, free from all danger of fire, in no respect encroachingupon the existing Bryant Park, and which will be an ornamentto the City. The Park area would indeed be increased by sub-stituting a library building for the Reservoir_ The Reservoirmeasures 455 feet by 42o. A library building 35o feet by 300would offer all the accommodations which the most sanguinewould probably think it wise at present to provide; and eventhis would leave a margin of more than too feet on the avenueand more than 5o feet on each side street, to be Iaid out withgrass and shrubbery. The City would then have no quartermore inviting. The library would in effect bring the Park toFifth Avenue; while reciprocally the Park would add enor-mously to the attractiveness, security and usefulness of thelibrary.

In order to afford the City and the public the opportunity ofdetermining whether they will now have such a great, well-equipped, and really popular library, for the benefit of all thepeoplethe Board of Trustees of The New York Public Libraryhereby respectfully apply to the City authorities for theirapproval of such legislation as will enable the City to grant tothis Corporation, by some permanent tenure, a proper site for itsLibrary Building and such funds as may be necessary to enablethis Corporation to construct and equip its building thereon;and that the site of the present reservoir on Fifth Avenue, be-tween Fortieth and Forty-second Streets, be granted for thatpurpose, if compatible with the public interest.

When we consider the extent to which an institution of thecharacter proposed may fairly be expected to strengthen thepolice, diminish crime, raise public standards of morality,attract to our city men from every department of industry andevery walk of Life, add to the operative power of our people,and extend the influence of our Commonwealth, it can hardly


48/72

TEE NEW YORK PUBLIC LIBRARY,ASTOR, LENOX AND TILDEN FOUNDATIONS.

JOHN BIGELOW,President.

GEORGE L. RIVES,Secretary.

ADDRESS TO THE MA Y OR.83be regarded otherwise than a privilege for the City to share inthe work.


49/72

Exhibit 6


50/72

XXXII.PROVISION OF THE GREATER NEW YORK CHARTER,

AUTHORIZING AND DIRECTING THE COMMIS-SIONER OF PARKS TO MAKE . A CONTRACTWITH THE NEW YORK PUBLIC LIBRARY, ASTOR,LENOX AND TILDEN FOUNDATIONS, FOR THEUSE AND OCCUPATION OF THE LAND OCCUPIEDBY THE RESERVOIR AT FIFTH AVENUE ANDFORTIETH AND FORTY-SECOND STREETS, FORTHE ESTABLISHMENT AND MAINTENANCE OFA FREE PUBLIC LIBRARY AND READING ROOM.*

CHAPTER XII._Department of Parks.

TITLE I.The Parks.

523. Whenever, pursuant to lawful authority, the land atpresent occupied by the reservoir at Fifth avenue and Fortieth

* Chapter 516 of the Laws of 1893 amended Section 696 of the ConsolidationAct (Laws of 1882, Chapter 410), which related to the occupation by the AmericanMuseum of Natural History of buildings in Manhattan Square, by the addition ofthe foliowin provision:

" The department of public parks is hereby authorized, in their discretion, tomake and enter into a contract with the Tilden trust, a corporation duly organ-ized under the laws of this state, for the use and occupation by such corporationof any building that may be hereafter erected in pursuance of law upon landsbelonging to the mayor, aldermen and commonalty of the city of New York,between Fortieth and Forty-second streets and Fifth and Sixth avenues in saidcity and establishing and maintaining therein a free library and reading room andcarrying out the objects and purposes of said corporation.This provision was amended (Laws of r896, Chapter 714) by the substitutiontherefor of a. provision substantially identical with the above-quoted Section 623

of the Greater New York Charter (Laws of 1897, Chapter 378, as amended Lawsof 1901, Chapter 466).

136


51/72

SECTION 623 OF GREA TER NE W YORK CHARTER. 13 7

and Forty-second streets shall be made a public park, and theremoval of said reservoir shall have been duly authorized anddirected, the commissioner for the boroughs of Manhattan andRichmond is hereby authorized and direct..7fti to make and enterinto a contract with the New York public library, Astor, Lenoxand Tilden foundations, a corporation duly organized under thelaws of this state, for the use and occupation of said land, or ofany part thereof, by the said corporation and its successors, forestablishing and maintaining thereon a free " E . Lbliclibrary andreacliELIoom, and for carrying out the objects and purposes ofsaid corporation in accordance with the provisions of the agree-ment of consolidation between.the trustees of the Astor library,of the Lenox library and of the Tilden trust, and the severalacts incorporating the said several corporations; and said con-tract may provide that such use and occupation shall continueso long as the said the New York public library, Astor, Lenoxand Tilden foundations, or its successors, shall maintain suchfree public library and reading room upon said land.


52/72

Exhibit 7


53/72

XXXV.

ACT PROVIDING FOR THE CONSTRUCTION BYCITY OF NEW YORK OF A PUBLIC LIBRAR

BUILDING IN BRYANT PARK.

AN ACTto provide for the construction of a building in Bryant park in the city of New to be occupied by the New York public liAstor, Lenox and Tilden foundations.*

PASSEDxgMAY, 18g7LAWS or 1897, CHAP

AMENDED 23 APRIL, 1LAWSof rgoo, CHAP

The People of the State of New York, represented in SenAssembly, do enact as follows :

_Election 1. The land now occupied by the reservoFifth avenue, between Fortieth and Forty-second strethe city of New York, having been made, pursuant to authority, a portion of a public park, known as Bryanthe department of public parks in the city of New York isauthorized to remove the reservoir, now occupying a posuch Bryant park, and to erect, construct, maintain, equfurnish in said Bryant park, or in or upon any portion ta suitable and appropriate fire-proof building, in accowith plans to be made and prepared by the trustees of thYork public library, Astor, Lenox and Tilden foundand to be approved by the board of estimate and app

4- Amendments of 1900 are printed in italics.140


54/72

ACT OF 1897.41ment in the city of New York; such building to be used andoccupied as a public library and reading room by the said theNew York public library, Astor, Lenox and Tilden founda-tions, a consolidated corporation organized and existing underthe laws of the state of New York, and for the purpose ofcarryingout theb:ects and purposes of said corporation, inaccordance with the agreement of consolidation whereby saidcorporations was constituted, and the several acts incorporatingthe trustees of the Astor library, the trustees of the Lenoxlibrary and the Tilden trust.

Oettion 2. The said department of public parks shall prepareand submit to the board of estimate and apportionment formsof contracts, specifications and bonds for the faithful perform-ance of the work and the furnishing of materials required, fromtime to time, to be approved by the corporation counsel of thecity of New York as to form. When such contracts and - specifi-cations, and the form of bond, shall have been approved by theboard of estimate and apportionment, the commissioners ofpublic parks shall advertise for sealed bids or proposals fordoing the work and furnishing the materials, as called for bythe contract; which advertisement shall be published in theCity Record and in two daily newspapers to be designated bythe said commissioners at least fifteen days consecutively beforethe time fixed for the closing of the bids.

All bids or proposals shall be enclosed in sealed envelopesaddressed to the said commissioners of public parks, and shallbe accompanied by a deposit of such amount, if any, as saidcommissioners shall decide. The contracts may be several, andcover such portion or portions of the work respectively as thesaid board of estimate and apportionment shall decide. Thebids shall be opened by said commissioners, and shall be sub-mitted to the board of estimate and apportionment. Said boardmay select such bid or bids, proposal or proposals, the accept.ance of which will, in their judgment, best secure the efficientperformance of the work, or they may reject any or all of saidbids and direct a readvertisement, as herein above provided,

The said department of parks, is hereby authorized to use and


55/72

14 2IBRARY BUILDING IN BRYANT PARA'.employ in and abOut such erection and construction the matercomposing said reservoir or any part thereof, or wholly to move the same, or to sell and dispose of the same, or any pthereof, provided, .however, that the actual removal of sureservoir shall not be made until that portion of the mains an additional supply of water, a

exhibits 1-10 to the citizens defending libraries v. nypl complaint

Documents