New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-03-03
Up no THE MAYOR.

Without desiring 20 hurry the Mayor unduly,
We must say that he seems 70 be taking more
time than IS reasonably required 10 reach n de-
cision about the Public Library fence advertis-
Inc for which Commits sonor Pallas IS rcspon-
sibe We hope the delay does not mean that
tie Mayor IS disposed 10 let the mere passage
Of time and popular forgctfulness close the in
cideut Having taken the matter under conNd-
Grafton. ne ought to adopt decisive attitude
for or against this obnoxious scheme for In
crcasin. the public revenue, as Mr.. Pallas de-
scribcs H. The question is not a complicated
one There Is. 81 is true, difference OF opin-
ION IS 10 the legal right Of others TO interfere
with the Commissioners arrangement but there
IS no doubt as to the Mayors practical power
10 get Il annullcd. All he needs TO do IS TO
speak 10 his subordinate IN manner conform
ing to public opinion.
Whether or not Mr. PaIlas can be compelled
10y process Of law TO revoke the privilege which
lie bestowed on Mcnamara & Co, his authority
70 do so is indisnutable The Appellate Di-
vision. ln unanimously unfolding the action Of
his predecessor said:
Il seems TO US upon examination Of the
agreement in question. that Il was n mere
license revocabie at pleasure. There was no
grant Of any property right Of the city which
the Commissioner Of Parks had right to make
or behalf Of the city, and y was spoken OF
throughout the agreement AZ n privilege which
and the agreement IS held 20 he a grant, then
clearly Il was beyond the power OF the Com
missioner OF Parks 10 execute It. He has no
power TO give away or grant any part OF the
property committed 20 HIS care. or the use
thereof. The Commissioner was clearly
right in his efforts to prevent the Use OF the
public property FOR any such purpose
From this decision. which was sustained by
the Court Of Appeals. it is clear that Commits
sioner Pallas has either dcfed the courts by
making a grant to Mcnamara & co. which he
had no power 10 make. or that they merely hold
a privilege which he can revoke ut any time.
In the absence OF proof to the contrary, ii is TO
be assumed that he gave them such temporary
license, and possibly all that the Mayor is
called upon 10 DO is TO override his wishes re-
quire him 10 roscind his action, and tell him
not TO make such n mistake again. OF course,
IL IL should appear that Mr.. Pallas had done
the other thing different sort OF treatment
would fit his case.
Though every intelligent citizen OF right feel
in- percelves that the covering OF the library
fence with advertisements is an offence 10 the
dignity of the city, there would be Il dispo-
sition TO excuse blunder OF judgment as soon
as il had been corrected il the Commissioner
had really been Jealous in serving the city's
pecuniary interests. He declares that TO have
been his motive. But what has he actually
done? lie has bestowed n privilege which men
accustomed 10 let ana hire advertising space
say is worth az least ten times what Mcnamara
& Co pay for IT, Looked at merely as a finan-
cial transaction, IT was a wretched bargain for
| tho city, and correspOndingly good one for
the Tammany favOrite whose identity the firm
! name docs not conceal IL Is hardly possible
/ 70 suppose that Mayor Mcclellan. soIicitous as
! ne says he IL to commend his administration 10
The respect Of all honest citizens. concentrates
sueh an arrangement with satisfaction Even