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consequences which led the village of Sing Sing to change its name to Ossining. As custodians of the Stony Point State Reservation and with a knowledge of the patriotic ideas associated with the name, we addressed, through the Governor, a respectful request that the name of Stony Point be not applied to the new prison. Subsequently, we were assured through the public prints that the old name of Sing Sing would be used.

We were also strongly urged to protest against the use of the land selected for a penal institution on the ground that the area embraced the historic sites of Forts Clinton and Montgomery. To this, however, we did not accede, for the reason that it appeared that the prison itself would not be located on the fort sites; that the buildings would be constructed so as not to offend the eye; and that only thirty acres would be required for the prison while the balance of the 500 acres, running to the top of Bear mountain, would "be practically a park," to quote the words of one of the commissioners, the Hon. S. J. Barrows, "insuring this fine tract from denudation of its forest and the scarring and destruction of the mountain by quarrymen."

BIRTHPLACE OF THE CINCINNATI.

In our last annual report we gave a brief description of the old Verplanck house on the Hudson river, at Fishkill, in which Baron Steuben made his headquarters during the Revolution, and in which the Society of the Cincinnati was organized in 1783, and stated that we had offered that Society the precedence in the opportunity to acquire the property for preservation as an historic monument. With respect to this interesting property, called Mount Gulian, the following information is furnished by the owner, Mr. Wm. E. Verplanck:

(6 Mount Gulian now consists of 122 acres of land. It extends along the river for upwards of 1,600 feet, and eastward to the

highway leading to Poughkeepsie. Part of the property is within the village limits of Fishkill Landing, from the Post Office and railway station of which the Cincinnati House is one and one-half miles distant. A new and more direct road soon to be built will shorten the distance nearly one-half. The house with garden, lawn, gardener's cottage and stable cover a space of 10 to 12 acres, and could be used and occupied separate and distinct from the remainder of the property. The latter consists of a farm and valuable clay banks, one of which is a brickyard, which is now under lease expiring April 1, 1910, at a rental of $3,009 per annum. A grant from the State for the land under water extending along the entire front is one of the appurtenances of the property, thus affording nearly 40 acres of additional land. The village contains about 4,000 inhabitants, and is growing, has frequent mails, and is connected with New York from which it is 60 miles distant by fast and frequent trains. The entire property of 122 acres, including the Cincinnati House and the 10-12 acres, etc., mentioned, is estimated to be worth $150,000, while the Cincinnati House, with lawn, garden, etc., composing the 10-12 acres mentioned is held at $25,000 provided it be sold to a patriotic, historical or scenic society, or to persons agreeing to hold the property in trust for such purposes. The owner reserves a life estate, but under the obligation to act as the custodian for the purchasing society and without further compensation. The property has been held uninterruptedly by the family since the grant from the Wappinger Indians in 1683, which was confirmed by royal patent from James II. through Governor Dongan."

FORT CRAILO, IN RENSSELAER, N. Y.

During the past two years this Society has been strongly urged to consider the claims of a building in the city of Rensselaer, known as Fort Crailo, for preservation as an historic monument. This is a very old brick house, two stories high, with hipped gambrel roof, in the walls of the first story of which are port holes for firearms. Over one of these port holes is a tablet erected by the Albany Bicentennial Committee in 1886, and bearing the following inscription:

"Supposed to be the Oldest House in the United States and to have been erected in 1642 as a Manor House and Place of Defense. Known as Fort Crailo. General Abercrombie's Headquarters while Marching to Attack Fort Ticonderoga in 1758, where it is Said that at the Cantonment East of This House near the old Well the Army Surgeon R. Shuckburg composed the popular Song of Yankee Doodle.""

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Although there is no doubt about this building being very old, there is reason to doubt the authenticity of the date of erection. given on the tablet. Prof. A. J. F. Van Laer, the State Archivist, after a careful examination of all the early Dutch papers, account books, court records, etc., among the Rensselaerwyck Manuscripts up to about 1666, says positively that there is no evidence that the house was built in 1642. The first reference to the name Fort Crailo occurs in 1663 in connection with the digging of the well, and in 1661 mention is made of a farm called Crailo, which is presumed to have been the old farm of Evert Pels, on the east side of the river, which was taken over by Jeremias van Rensse

laer in that year. The name Crailo was probably given by Van

Rensselaer on account of his attachment to the estate of that name in Holland. There is in the Albany archives a contract for building a brick house in 1659, which may refer to Fort Crailo, but the specifications are too indefinite to enable identification. It is probable that the house does not antedate 1659; and Mr. Cuyler Reynolds, curator of the Albany Institute and Historical and Art Society, in his "Albany Chronicles," gives it the date 1663, with an interrogation point. Mr. Reynolds does not know the basis for the Yankee Doodle legend attributed to the house.

The structure is certainly very old and is an interesting landmark. It is owned by a woman descendant of the Van Rensselaer family who lives elsewhere. It was repaired some time ago, but recent reports indicate that it is relapsing into its former state of dilapidation through neglect and the attacks of relic hunters.

THE FIFTH AVENUE SIGN-BOARD VICTORY.

During the past year at least one notable victory has been won by those who have been trying to secure some restraint of, or compensation for, the obtrusion of glaring sign-boards upon the public sight. In 1907 the Fifth Avenue Coach Company, which runs automobile stages on Fifth avenue, New York city, inclosed the seating space on the top of their vehicles with conspicuous sign-boards, advertising a certain brand of tobacco. Any signs in such a position would have been offensive, not only to the passengers, who found themselves framed by and made a part of huge advertisements, but also to the pedestrians and residents of the famous thoroughfare which the moving bill-boards disfigured; but the anatomical character of the design itself was especially offensive to many persons.

To secure the removal of these signs several of the civic societies secured the co-operation of the corporation counsel's office in bringing a suit under the municipal ordinances. The coach company retaliated with a suit to enjoin the city from interfering. On January 18, 1908, Justice Leventritt, in the Supreme Court, sustained the city, and soon thereafter the objectionable signs were painted out. The decision of the court is so important that we quote the following extracts. The court held that the ordinance was entirely constitutional, and continued:

"There is not a scintilla of evidence that any common carrier anywhere enjoys the privilege of displaying on the outside of its vehicles signs similar to those carried by the plaintiff's stages or even approaching them in similarity. The ordinance is broad and bears equally upon all public and quasi-public corporations.

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"But the plaintiff maintains that its vehicles are not advertising trucks, vans or wagons.' If it were necessary to decide that question I would be inclined to the conclusion that the term wagon' contained in the ordinance embraces the plaintiff's stages. It has been held that the word 'wagon' is a generic term including

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every other species of vehicle by whatever name it may be called. * The plaintiff was incorporated to use the public streets for a specific purpose. The leasing of the exterior of its vehicles for advertising is an unauthorized use of the streets for a private purpose. Such a special and peculiar use has been condemned after it has received the stamp of municipal approval. The use of the exterior of stages is not a stage use; it is not necessary to the performance of any corporate duty."

The company set forth the adaptability of the exterior of its automobile coaches for advertising; and asserted that the income received from the advertising company, which has the contract for the signs, was $10,000 a year, plus $200 per stage. The court said in this connection:

"The fact that the plaintiff receives a substantial income from the advertising company is without weight. The court will not approve an unauthorized act merely because it is a source of profit to the wrongdoer."

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The court said that the colors used-green, dark blue, white, light blue, yellow, drab and various brilliant shades of red contrasted so as to attract attention and were not blended so as to produce a harmonious or an artistic effect and the resulting painting constituted a disfigurement rather than an ornament. After describing the beauty of Fifth avenue with its churches, residences, clubs, and hotels the court added:

"It is amid such scenes as this that the plaintiff's advertising panorama of brilliant signs moves. It is along this avenue of churches that on Sundays these glaring bill-boards are driven. It is the scheme of beauty which is sacrificed to the demands of modern commercialism. It is along this entrance to parks and along the parks themselves, preserved to attract lovers of nature and of the beautiful, that these unnatural and inartistic moving picture signs are displayed. But out of place, disagreeable and offensive though they are, both to the civic pride and æsthetic taste, and although the tendency of equity jurisprudence is to extend the court's jurisdiction to include this situation, the ultimate

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