New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-29
AD" MEMORIAL TO MAYOR
URGE CITY SUBWAY SUITS.
Hint That Chairman of r. t. Board
and Counsel Should 90.

IN g vigorous memorial 70 Mayor Mcclellan de-
livered yesterday Calvin Tomkins, president OF
the Municipal Art Society, urged mat the mayor
keen The subway free from advertising and that
suits be brought once by the city against me
marlborough comDany and all others responsive
for the damage done TO public property ne declared
that both the present counsel for the COMMISSION
,-s,,fcaIl,- cbampioned the cause of the contrac-
tor and that the chairman OF the RAPID transit
Commission had taken stronger ground III DIS
favor II would be hardly good business pohcy 70
leave the defence OF the citys interests III '"Si'
hands longer. he said.
The commission had been told by its counsel as
serted AIr TomIins that whatever right the con-
tractor had as 10 advertising rested not on any
declaration in the contract. but solely on the a'-
sertion that advertising one of the privileges
which went with the operation OF a railroad Inns
was a mistaken notion. Mr. Tomkins instanceo
The Boston subway, where there is no adFeruslng'
although the finish OF the stations is far less IN
consistent Herewith than are our own oeau''4"'iy
decorated structures.
The Rand Transit Commission had no power
under the RAND Transit act to lease any portion
OF the subway 10 any one. MIR. Tomkins eontehdeo'
as the expressly declared that the COMMISSION
might contract with some person, firm or corpora
ZION TO equip maintain and operate said road or
roads for term Of years"
The memorial went on:
The advertisers have added to defacenent, OF
public buildings ana % and TseTant dis
obedience Of its regulations Except That me iast
: 0tif IN he coroyss}on is vigorously moving
viLdcate its aufhorily ma 'Ig pU nd that
the Corporation Counsel is seeking to recover Dam,
age already done and enjoin q ike trespass IN
I3Dt he fact Is that for nearly month. with the
greatest possible publicity, these breaches OF or
der. this destruction o. public property tnq ms
been met with any proper ylgoF by me me haplu
Transit CoDlnission- lle ponce anu LIe ie tlf
ever during the last ten days; when the obvious
4, and
firmly possible iu an assured position winch II
could 70 deprive the city Of relief except aIler
years Of delay.
duty not 10 surrender IN advance any ground upon
which the order OF the commission may De en-
forced Or the public interest protected-from the
mission have championed the contractors claim,
while the chairman Of the commission has lately
E9-T ~ ,-e5 ~ tba nner8tor might use
Nat I" DO thesa - n ienen injustice We annex
copies Of their published statements (of whose
THO uo.nt thus raised is u their good faith
but rather wlethrr il should ne lett 10 mem 10
protect The CITY We ca not neIeVe maj any pusl-
ness man would longer leave ms equahy ILIop54t
FAR taken the part Of the aEgressors upon him. and
it eIoIII5 he less rron1nt and Vigorous in defence
of public rights and city property.
The Municipal Art Society therefore respect
fully urres that Under your direction subway streets
be kent open and free from encroa chment for
advertising purposes, and that suit be at once
a Others responsible therefor to collect DAMAGES
Tor the injury already done 10 PUBIC property ailu
70 enjoin its continuance pending SUIT
Reports received by Health Commissioner Oar
lington regarding the possibility Of menace TO
health from the subway signs have satisfied him
that IL would be justified IN ordering the signs
removed. Undoubtedly. he says. the signs viii
cumulate microbes and undoubtedly the perfectly
plain wall of vitri1ed tiles would be sanitary,
but the microbes collected by the signs he thinks,
would not be numerous enough to occasion alarm.
In strict justice. = he to order the signs
down, Dr. Darlington feels that he should also
order taken down the awnings in front of stores,
the pictures from the public buildings and the
maps from the schoolroom walls, all Of which
collect germs
Ills investigation OF the subway air has not been
completed, but its results far bear out Profess
sor Chambers preliminary report, printed excu-
sive.y in The Tribune.
Frederick W Kelsey. OF No. $50 Broadway has
sent letter protesting against the signs to the
Rapid Transit Commission. 1t said:
As one having for number of years taken much
interest IN questions Of municipal and civic i'm
Ir0Yements. permit me 10 express the hope that
sou VIII not allow the subway to be defaced
by advertising Establishments. The part compile
ton Of this great undertaking viii, I believe as
Time goes Oh, reflect increasing credit this
great city and upon your continuous and Jealous
transit here To permit this great undertaking now
10 be plastered. pasted defaced with promiscu-
Gus advertising signs would. I submit, be a
grade step toward continuing, instead Of eradi-
eating, tins growing obstacle TO municipal adorn-
ment-hence Of civic Improvement.