New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-11
BELMONT ON THE SIGNS
Called Decoration almost an Inter-
ference rith AdUertising Privilege.

Determined to press to the end the fight to
tear advertising signs out of the subway, the
Municipal Art Society last night referred the
question in all its legal aspects to Nelson S.
Spencer, of counsel for the society, and Calvin
Tomkins. the president. with full power to act
in case the Rapid Transit Commission will not
order the operating company to remove the
signs. At the meeting, where Indignation waxed
hot against the disfguring signs it was de-
clared that a long lawsuit would result, and
special appropriation was made for expenses in
connection with the fight Individual members
offered financial aid
The uncompromising attitude of the president
Of the Rapid Transit Commission ana most of
it's members in standing pat on the peculiar
clause in the contract which by inference APP
pears to permit unObjectionable advertising
has shown the society that in the end the
courts will have to decide the question. So last
night at a meeting of the directors and heads OF
committees the subway advertising took prece-
dence of all other business, and the members
expressed their opinions in terms which the ad-
vertisne concessionaires would consider almost
'unparliamentary."
There were present Mr.. Tomkins. Mr. Spencer.
John Dewitt Warner, Colonel Henry w. Sack
EFT John Martin, William s. Crandall F. Bene-
dict Herzog Henry NJ. Earle. Charles r. Lamb.
F. Wellington Ruckstuhl, Edward B. Page Karl
Bitter John ]. Murphy, of the Citizens Union:
William T. Evcns and Mrs. Edward H. Hall
Mr. Spencer told the society that the Rapid
Transit Commission had power TO permit
signs in the subway; that any pretence at such
permission was merely usurpaton of authority.
Mr. Tomkins said that the subway was a street
"A public thoroughfare-and he sure that
the commission had no authority from any one
to give a right TO stick up signs along street.
Colonel Sackett and John Dewitt Warner also
discussed the legal aspect of the question.
Henry NJ Earle after the meeting said the
society felt that it would get no remedy from
the Rapid Transit Commission, so had prepared
TO ask the courts for a decision. The case would
be carried TO the Court of Appeals if necessary.
he said. The society expected a long fight, but
was prepared for it. One member wanted
public mass meeting called, he said, that the
protests might be brought forcibly to the atten-
ton of the commission Some of those at the
meeting felt that in the fight against subway
advertising the right of the company TO maintain
advertising the elevated road stations might
bbe questioned. Exactly the same points of law
would hold in both cases, it was thought
Colonel Sackett said yesterday that IL the sub
way advertising question was taken TO the
courts he felt that only one decision could be
made
The subway company was organized for
certain specific purpose. under the act said
Colonel Sackett. "a railway company FOR the
carrying of passengers in this city. There are
some things incident to the operation OF a rail-
way which the courts have held 10 be proper
businesses. necessary. in some cases Tor the
railway company TO engage in, as the maintain
ing of restaurants at trunk line stations. The
advertising business is not one OF these Incl
dentals, and could never be held TO be
The Rapid Transit Commission was organ
lied for a specific purpose under the law The
laying out of route for the rapid transit tun-
mel and the letting of contracts for the tunnel
The commission was not organized TO let adver-
tising privileges which have no connection with