The New York herald., 1879-08-27
WASHINGTON MARKET BOOTHS.
Judge Van Worst Declares Against the
Sidewalk Distractions.
PUBLIC RIGHTS TO THE HIGHWAY
Commissioner Campbell Authorized to Go
On with Their Removal.

No one who has had occasion within tho past few
years to go into the vicinity of Washington Market
and more particularly during the early hours of
the day aud Saturdays until late in the evening
has failed to observe the perfect jam of stands and
booths filing the sidewalks As is well known these
adjuncts OF the market have completely filed tho
sidewalks that ut times it has been almost mpossi-
BILE to get through these thoroughfares. Parties
occupying these outside booths and stands obtained
their permits from the Superintendent of the Mar
kot, and thus had q quasi legal right to
occupy them. Tho Commissioner of Public
Works. however, considered this occupancy of
the public streets an illegal infringement
and took steps to have the booths removed.
OF course this, as is well known. aroused strong
opposition on the part Of the occupants OF the
booths, and the Superintendent Of Markets applied
to the Supreme Court for an injunction to prohibit
tho Commissioner of Public Works from interfering
with the booths their occupants. preliminary
injunction was granted in November last, and the
matter came up for hearing as to the dissolution
or making permanent such injunction before Judge
Van Worst, holding Supreme Court Special Term.
Judge Van Worst gave his decision in the case yes
terday embodying the same in lengthy and ex-
haustve opinion. in which he denies the motion to
continue the injunction thus allowing unless the
case is carried to higher court and his decision
overruled the removal of these outside booths by
the Commissioners of Public Works
FACTS LAW.
In the course of his preliminary statement of the
facts in the Judge Van Worst said that the
papers before him show that the stands and booths
"occupy considerable portions OF the sidewalk
the south side of Vesey street. both above and below
Greenwich street, as also the sidewalks Of Green
wich street. and maintained by their occu.
pants for the purposes OF trade under such permit
from the Clerk or superintendent of Markets." He
structures obstructons on the sidewalks is the
duty or the Commissioner of Public Works to
them unless they are lawfully there Having
next alluded to the claim behalf of tho
city 'that under the municipal ordinances tho
Clerk of the Market may lawfully grant permits to
persons to the Sidewalks he goes on to state
that streets which include the sidewalks for
the public at large The Legislature Of the State,
representing that public. has authority over all
public ways and places 1t may authorize acts to be
done legalize distractions upon them which
would otherwise be deemed q nuisance. The Legis-
lature instead of authorizing the act directly may
allow 30 be authorized by the municipal authority
building other structure OF like nature erected
upon o street without tho sanction OF the Legis-
lature is nuisance and the local corporate author
ity cannot give valid permission thus to occupy
streets without express power to this end conferred
on them by charter statute"
BOOTHS A NUISANCE.
After citing various authorities bearing on this
point Judge Van Brunt holds further that any per-
manent habitual obstruction IN the street with.
out authority OF law may be said to be nuisance.
The public is entitled to the full anc free of II
the territory embraced within the limits of street
highway in its full length and breadth. and every
individual has right to travel any part of the
ters bearing upon the subject and gives it as his
opinion that these charters disclose no right to OBJ
sruct the sidewalks with these stands and booths.
He next cites various ordinances under which this
right is claimed and gives the unqualified opinion
this city passed April 30 1873 does not give to the
Aldermen the power to obstrucr the sidewalks by
any such structures.
THE RIGHT TO REMOVE THE STANDS. M
In this connection he calls attention to the power
Works to remove all such distractions He con-
cludes his opinion as follows:"It Is made the duty
OF the Commissioner OF Public Works to remove
these distractions, and this notwithstanding the
fact that he has not been requested by the Board OF
Aldermen to take such action 1t is true that is
made duty OF the Board OF Aldermen to order the
removal OF obstructions from the sidewalks and
Streets but its omission to do should not paralyze
the action of the Commi ssioner. He has duty in
dependent OF the Aldermen in this regard"
"The Commissioners of the Sinking Fund claim
that the removal of these stands and booths from
the streets will deprive them of revenues which
they entitled to receive and apply to the pay ment
Of the city debt BY chapter l. article l. subdivision
OF the Ordinances of 1866 the proceeds for market
fees and market rents are pledged to the Sinking
Fund. The market fees and rents properly socaed
nterfered with by the proposed action Of the
Commissioner of Public Works. 1t cannot be said
to be an impairment OF these revenues If the sums
which are 70 De mh ror 'nS use ,S os
municipality has legal right to authorize cut
of. The motion for the continuance OF the njunc.
tion should be denied"
THE NKws IN THE MARKET
The news OF this decision was carried to the mar.
ket vendors yesterday by HERALD reporter and
created quite little stir among the small dealers
who are permitted to stand on or just outside tho
butter and cheese dealers who have stands erected
the inside line felt quite in their positions
and expressed the confidence that they should not
be disturbed. One butcher remarked that when tho
attempt was made last winter to clear away those
outside distractions they would not allow HIM to
have "a say" in the matter ut all the ground that
he being ON the inside not affected by the Conn
missioner's action. young man who keeps fruit
stand the block between Greenwich and Washing.
ton streets manifested some fear lest he should be
disturbed under the new decision. but he had some
hope of being left alone because Vesey is
ira wide that block and because 1t is within the
authorized limit of the 800 feet from the market,
along which the Superintendent of Markets claims
the right to grant permits. That line ends. the re-
porter assured by hucksters yesterday at the
railroad tunnel. east of which there were very few
stands seen, and they OF a temporary nature.
female huckstcr of small vegetables did not know
what injunction until reporter explained it
to her. She knew about the I'M Junction trouble and
when she told of the Judges decision expressed
her wish that her son knew about it, She was about
to despatch little boy to tell him. when she re-
mombered that the superintendent of Encumbrances
always gives them twenty-four hours notice before
he takes action against them. There are between
one and two hundred OF these small venders around
Washington Market who will be affected by this de-
cision OF Judge Van Worst IL Commissioner Campbell
proceeds pro-. 70 ac' unaer az X Rehteman an ,oumr ~
sioncr would interfere with any OF the small vcnd
save such rs too glaringy obsruced the streets
1t Is the only means OF living that many widows ana
poor people have. and IL they will be little
modating ON both sides no further trouble need
arise.
A genuine Irish matron who keeps fruit stand
the outer line Of the sidewalk between Church
and Greenwich streets was asked II she paid any
rent or market fees for her standP She very portl
nently asked, "Who are you aud what do you want
to know for?" Az the reporter Informed
her of the decision OF the court and explained hia
mission she apoogized tor her apparent rudeness
and consented TO talk freely. She was one OF those
affected in the holiday raid. has been twenty years
in the market, has seen good many Mayors. Boards
of Aldermen, judges and Commissioners bounced"
during that time and expected to see the present in
cumbonts OF those Offices meet similar fate. And
sure she said elf 40 to the Judge or TO the Com-
missioner for loaf of bread for myself or my little
girl therc-ponting TO bright lassie OF about thir-
teen years--''thcy won't give the loaf nor the price
of it, Mr.. keenan, charges us nothing moro than
tho small market fee of twenty-five cents week for
tho privilege of standing here. And there are somc
poor women here trying to care for half dozen
childrt with tho little they make out of their stands.
have TO pay $40 month for rooms for myself and
my girl aud how am going to make 1t IL am not
alioved To sell my fruit in the street? have