New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-23
FENCE FIGHT NOT OYER.
McNamara s Co. Likely to Tie Up
Case IN the Courts.

In spite OF the decision of Justice Scott. who
says that Park Commissioner PaIlas had right
TO make contract which allowed the fence around
lle FUDAc Library Building 10 be used for adver-
using purposes there Is probability that the Tam
many firm Of Mcnamara & Co will not be ousted
from practical possession Of the fence
me phi corset and cure-all signs viii remain on
the renee whether Mayor Mcclellan and Corpora
ZION counsel Delany like It or not, because Nc
->a114aA y 90 are determined 10 protect their
tract interests, and the city cannot drive them of
the premises except by legal measures, which are
capable o. being prolonged. especially when the
F1IA commissioner wants the signs TO stay.
IL was admitted yesterday at the City Hall that
Justice SCOTS decision was clean cut and sweep
Ing and good law" 1t was predicted. also. that
When the city makes the first move to get the
advertisements off the fence Mcnamara & Co Will
tie things up in the courts and nothing more will
come or the matter until it is about time for the
fence to come down. That viii be when the library
building IS finished.
AS has been stated more Lnan in The
Tribune, the contract with Mcnamara s. Co. was
dictated by Charles +. Murphy. who wanted TO do
something for Harry Hart, Tanmauy leader Of
the Goth District Mr.. Hart is a member OF the
TlrIn OF McNanaara IL Co, at last accounts.
Mr. Hart DID not ask for u cOnIrissionership, but
he did ask for the fence advertising contract, and
he got II through the assistance Of the leader OF
Tammany Hall Park Commissioner PaIlas I'm
posed d charge Of $500 q year for the use Of the
fence This IS what the city gets out Of II Adver
Using men estimate that the signs the fence
yield 10 Mcnamara 81 Co. net revenue Of more
than $4,000 year. -Four sides OF the square now
used FOR sign purposes.
It IS the custom in the Corporation CounseIs
Office TO defend the heads Of departments But
Il II were not and even # Corporation Counsel
Delany. the urging Of the Mayor should begin
action get the advertising signs off the fence,
Mcnamara q Co. would at once appeal TO the
courts for protection What will probably happen
IS this: Mcnamara * Co viii appeal to the Park
Commissioner and the Corporation Counsel for pro-
tecuOa against possible loss and this will result
in an appeal by the city from Justice SCOTS de-
etsion in the action brought by President Calvin
. S--e -1I'1iJA Al EoC.eIy. a.
II Justice SCOTS decision should be affirmed the
TO the Court OF appeals That would mean q fight
covering year TWO IN the courts. Probably by
the time the decision would be reached the library
building would be finished and the fence would
Mayor Mcclellan came pretty near removing Park
COInul ssioner Pallas for making the renee con-
vas rePUgrant TO him. but Paiias had the backing
OF me L4II1I1any leader Pallas soap was saved
based the decision Of the court that the contract
radical action toward PaIIas. The deplorabIe thing
about II is that the removal Of PalIas would not
Nelson s. Spencer, counsel for the Municipal Art
1aira6fe It was 10 he sure one TO be expected
from the facts IN the case yet before the present-
antagonistic 10 the stand taken by the Municipal
Art Society, said Mr.. Spencer. He continued:
facts We have already brought out, and we are
ready co that. These facts strong that
coar. we could S haTe had It oTerruIed in the APP
peliate Division We do not fear the result Of
This decision VIII have q direct bearing on the
% 5 S.s5' tI he se17Te1t araiTst a5ver
Using in public places on pubic property; and we
would disdgure public property with these gaudy
advertisements, # will have an apPreciabie tnfu-
advertising signs in the subway.