New-York tribune., 1879-08-27
THE SIDEWALK BOOTHS MUST GO.


JUDGE vAN WORST DECIDES THAT COMMISSIONER
CAMPBELL HAS THE POWER TO REMOVE VEN
DORIS STANDS FROM PAVEdENps.
A discussion arose in the latter part of the
year 1873 between the Board OF Aldermen ard the
Commissioner OF Public Works in regard to tine right OF
the latter 10 remove from pavenents and sidewalks or
the city the vcnders stands, which he considered OBJ
structlons TO the highways Tho matter came before
the courts in tBc of injunction sued out by the
Mayor and Aldermen 10 restrain Commissioner Camp
bell from removing stands and booths upon sidewalks
of streets adjacent % ashngtOn Market Tne plaintiff
claimed that under Ae municipal ordinances the super
intepdent OF the Markets might lawfully grant permits
to persons so TO the sidewalks. Judge Van Worst
rendered his decision yesterday OF the notion adc IN
Supreme Court Chambers last December, 10 have the
Injunction made permanent The motion is denied.
"strects which include the sidewalks" the decision
reads arc for the public az large The Legislature Of
the state hes authority all public ways and places
II may acts 10 he done or egalzc obstuctOns
upon tnem. which would otherwise be deemed a
nuisance Legislature instead o. authorizing the act
directly may allow be authorized by the municipal
authority. building other structure Of Ike nature
erected upon street. without the sanction Of the Lcgs
Iature is Bu sance and the local corporate authority
OF place cannot give valid permission thus to occupy
streets without express power ths end conferred On
them 10y charter statute The pnbc Is entitled To c
INN and free use of all the tsrritOrY braccd within
the limits OF street In its full length ana bIeau'h ahG
the
The ancient charer of this city 90 not, as has been
claimed authorize the occupation OF the streets ln lhc
vicinity of markets. Neither do the municipal ord
nanees OF authorize the streets, any part OF
them be Cccupd witB stands or booths to be kept
and continual Is maint aimed at all hours OF tue Day lhr
charter OF 1873 provides that the Aldermen shall have
no power 10 authorize the placing continuing or any
eucroachmcut obstruction upon any street or sue
wa TX except temporary occupation Thereon during
fbe erection or repairing OF q EuIdiug. l regard
mis- exprcs-lon Of the LEGISLATURE as clearly
against any in Municipal Board, or any OF us
officers or agents, 10 Authorize the occupation OF the
streets ana sidewalks with distractions and encrGaeh-
ucuts ot the character OF those disclosed IN
tIds act,on. II the ordinances OF 1866 al
loved such cncroaehmeuts ana erecuons they were
ultra vues aId in any event rendered nngAOiy Dy
the act Oi the Legislature above meutOfed IL ls lnade
tbr duty Of the Com Ot works 70 remove these
O6structon and this outstanding the tact ts2t DC
has not been requested by tie Board OF Aldermen TO
take such action The market fees aud rents. properly
SO called, not ntergIsd with by the proposed Actlo
OF the OF Public Works. IL c2puot be salc
10 be an impairment OF their II the sums which
are sought 10 be collected Tor tue use Of stands and
booths tic public street. which tie municipal au-
tnory uas legal ri ght auinOllzc are cut Oh Inc
for the continuation u tue injunction should De