New-York tribune., 1879-08-27
IMPORTANCE OF The DECISION.

STEADY ENCRoACHMEST UPON THE STREETS AND
SIDEWALKS FOR MANY YEARs-AssUMPnoN OF
POWER BY THE ALDERMEN.
The decision given by Judge Van Worst has
been looked interest, rs it settles mat
ter which the Mayor and the Commissioners OF Public
Works aInad oy the opiDon OF tho Counsel 20 the
Corporation Lave been in direct opposition 10 the Board
OF Aldermen. 1t is believed that the argu-
meut of the Judge will be made TO cover
much broader ground than the class Of cases he was
called upon decde, and thai under 1t the superi-
tepdeut of Incum5ranccs will be enabled to clear tho
sidewalks the city Of large variety OF Obstruc
tons which only disfgure tbem but winch rondcr
travel through them difficult and sometimes dangerous
The streets NewYork present an appearance suen as
can found in other large city in the civilized world
ana their condition is every year becoming more and
more diseracefU Excepting two OT three avenues
the sidewalks resemble passagoways through bazaar
rather than thOrOughfares Of daily travel through
great city thousands OF persons There are miles OF
streets where during the busy part OF each day. carts
are backed up to the store-irons or are connected
with them by s,ids, while heavy merchan-
disc is being loaded mOaded. Other miles
OF streets have their sidewalks encumbered with boxes
bales ana barrels, leaving only path through
which the passenger must vartly pick his stops. In
other streets devoted 10 retail trade propcTtyOwuers
have taken p0ssesson sidewalks in front OF their
stores shops for the purpose OF exhibiting and selling
their goods, ucOsDg the space with canvas roof and
walls as boldly rs II 1t were their own property AVN
fngs project over pavements and broad curtains on
which glaring advertise ments painted, brush the
hats Of pedestrians and after summer shower sprinkle
them with water which has absorbed some Of
the accumulated filth from the canvas. Prom
rafters or ropes overhead dangle goods OF all
descriptions Huge and unsightiy Showcases ex-
tend far out from stOre-frOnts and lankcd
by others placed curb In trout OF beer shops
are piled kegs they emped there to await
the arrival Of the brewers wagon, and IN the meantime
to serve as a notification Of the cheer which may be
found within Goods hoisted 70 upper windows by
pues attached to cranes, sndangerng the lives OF all
who pass signs extend from the upper parts Of
buildings or are strung the Streets shutting out
light and Obstructng the view. Garbage boxes ana
barrels line tha streets watch they al with noisOme
odors. The fact that the streets Of Now-York from
house front house trout the property Of the city
and every citizen equally for specified purposes and
Others TO have been lost sight OF entirely
for many years past,
TIE STREETS PUBLIC PROPERTY.
The original charter gave TO the Mayor, Aldermen
and cOnmonay and their successors forever to
establish appoint, order and direct the establishing
making, loyiug out ordering amending and repairing
Of all streets, lanes alleys, highways, etc, IN and
throughout the City OF NewYOrk and Manhattan Island
necessary, needful and convenient for tho lDhab-
itants Of said city, and for all passengers and
travellers there" It WAS never claimed for q mo-
ment after a street had been once laid out under
due forms Of law, and the owner of the land !
had paid its fun value, provided by that
Old charter, that the OF abuttng property had
any further right title In the street other than
citizen with all OtHer citizens, and with all
persons who might desire 20 use II as thorough ]
fare. For than $50 years the streets OF New |
YORK from front 10 house front kept FREQ
from all encumbrauces and preserved for the
uses which they had been destguedthe free pas
sage Of al persons desiring from place place.
Warehouses built with large dOOrwaYs, through
which carts and Wagons driven to be loaded
unloaded the property OF the merchant, and not
that OF the public Not only was the surface OF the
streets kept clear Of eucumbrances but the
erty-righ was maintained for the people which IL held
the private OF real estQethe rght 10 air and
sunlight Property-Owners had no more authority 20 !
place any part Of appendage 10, thor buildings
private 1t not formerly questioned that the
laws relating 20 real estate, Old common law,
piled the peoples land stucty this regard TO
that Of private citizen
BEGINNING or THE EVIL.
The first attempts encroach upon the streets for
private purposes under color of authority by ner-
chants who asked permission from the Common Coun-
Gil 20 and unload their goods the sidewalks.
This was usually granted by formal resolution IN each
case. The Street COMMISSIONER Department was |
created by ordinance october D. 1881. The Commits |
sioner was directed other things, 20 order the
removal OF all timber other things with which the
Ereets or wharyes may be encountered and to prevent
encroachments on streets roads," No authority was
given permit distractions OF any sort.
ASSUMPTION or POWER BY THE COMMON COUNCIL.
The Legislature by passed April 6, 1887, gave
the Common Council full legislative power the city,
and il was under this sanction apparently, tnat the