New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-02-20
PROFIT, 900 PER CENT.
MAYOR INVESTIGATING.
WW Take the AdUics Of DeIaHy
Regarding Fence AdCertising.

/ Mayor Mcclellan said yesterday that he would
investigate the action OF Park Commissioner
/ Pallas I'm granting to Mcnamara & Co. the priv
( iiege OF placing advertising signs the high
/ board fence about the new public library build
| ing on the Fifth-ave.. Fortieth St and Forty
second-st. sides, in view Of the protest made by
a committee oS the Municipal Art Society He
was asked IL his attention had been called to
section G37 OF the city charter. which provides
that on the request OF the Mayor the Municipal
Art Commission shall have power TO deal with
fences and other structures on park grounds.
This section seems to give to the Mayor. through
the Art Commission. power 20 have the yelling
signs az Bryant Park removed.
Il have read that section the Mayor said.
and can't but that II it gives the Art
Commission. at my request. power to tear down
that fence It would enable the Commission also
TO order down any building fronting on a public
park or to order down the Brooklyn Bridge
entrance. for that matter I shall take the ad-
vice OF Corporation Counsel Delany az to the
proper construction OF the charter. and will
consult him TO the investigation Of the al
legged fence nuisance"
Does this mean that you are opposed to hav-
ing fences bounding a portion OF park used for
advertising purposes" asked.
Il have expressed no opinion and taken TO
position on the subject. and shall not until 1
have made an investigation" wac the Mayors
reply.
How much is the city to get a year for the
use Of the fence about the public Ibrarye'
Il understand that the contract price is SI5OO
a year"
Has It been suggested you that such
price is inadequate
Not until now. hut shall cover that point
in my Investigation"
Park Commissioner Palas yesterday declined
to talk further about the McNamara contract.
which is said 10 have been leg "a
! OF Harry Hart, a Tammary district leader
John Martin. chairman Of the Niuni~ipal Art
Society's committee was advised yesterday that
q decision OF The Appellate Division Of the Su-
preme Court raised a question the right
Of Commissioner Pallas 20 let such "A contract
and he said the committee would do everything
IN its power 10 have the Objectionable adver-
using signs removed from Bryant Park. and
even might apply to the courts for some sort OF
relief The contract to McNamara & Co. was
let before the Low administration came unto
power, and OF the first acts Of Park Com
missioner Wilcox 20 order the removal OF
the signs which then covered the fence about
the library site.
Mcnamara & co. sought the aid Of the courts
IN keeping the contract, and the Appellate d.
vision decided unanimously that II 10 We're
contract the former Park Commissioners had
no right to make Il. and ~ II were only license
Commissioner Wilcox had the right to revok"
il. The opinion that the Park COMMISSIONS
had no authority TO make contract for the
use OF a fence on park grounds for advertising
purposes may be OF Importance II the Municipal
Art Societys committee decides 10 apply for an
injunction against Commissioner Pallas and Nc
NaInara & co.
In the suit which was decided by the Appel
late Division no mention was made Of the
Justice OF the terms Of the contract which then
called for the payment of only Sl,eOO n year 10
the city. Competent judges have said that tHe
,,so ~ the fence at Bryant Park for advertising
purposes would easily bring to the city SiVVy'
or $1,000 year. II II were ofered 10 t- oIuueI9
in competition. The question therefore arises
who gets the huge profit in the use OF the
fence under the present contract!