New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-10
NO RIGHT TO PERMIT ADS"
TOWkINS TO r. T. BO4RD.
.Nr. Warner Repeats 4dCice to Pub
lie to RemoUe Sub7cay Signs.

Z
in the prompt abatement CT the advertising
sign nuisance which he expected. the coTnrais-
sion should DO nothing which would appear as
4 It had any power 70 permit advertising The
subway public street he said, the signs
there a DETACHMENT and their mounting q ma
icious destruction Of public property.
John De Witt Warner. taking the same ground
that no enc had any right 10 obstruct the
Kings highway." declared that the people who
put out the signs were trespassers. He repeat
e his advice TO the public to remove the OBJ
structions for themselves in ire quickest and
most effective way, thus forcing the police if
they wished to prevent possible disorder in the
abatement Of the nuisance 20 punish the tres
pzssers or protect them.
Il the Rapid Transit Commission orders that
the signs D. removed from the subway entirely
because Of the great public outcry there will
b. great cause Tor satisfaction. Il is not be-
Ieved that this course VIII he taken, however.
and lawsuits wiz undoubtedly be brought TO
compel the removal Of the signs for the Munic-
ipaI Art Society aSd all who have protested
against the subway advertising are in the fight
70 stay. OF this phase of the subject Mr.. Tom
kins would not talk yesterday. He did not wish
70 appear as making threats. he said; rather
let the Rapid Transit Commission extract Itself
gracefully from a n untenabie position.
There are many ways in which suits could
be brought 70 compel the removal Of these signs
lawyers say. An injunction could be applied for
. forbid The Rapid Transit Commissions per
hitting or pretending 20 have power to permit
the erection Of any more signs. on the ground
hat they we're q public nuisance; or an injunc-
ton could he sued for agafnst the commission,
the operating company. the people who have the
advertising contract or their employees forbid
ding them to put up more signs defacing public
property or cbstructing the public thorough
fare
The quickest way out Of the difficulty. John
De Witt Warner thinks. is TO turn the signs
over 70 policeman as lost property or property
mislsid on the public street or TO kick them
out Of the way
The most simple way is 10 find out whether.
III case the public abates this nuisance as 1t has
E right TO do said he the police in tardy
performance Of their duty, would protect the
public Icy arresting the nuisance makers or
protect street Instructions against the public
Our law as TO street rights is too well estab-
llsAed % leave any doubt. Provided abatement
q these nuisances by private citizens. such
each has a right 10 undertake, becomes in the
aggregate such TO disturb public peace the
police must clear out the signs themselves and
arrest those who keep them there. In a similar
case they would arrest the fakir who in the
showing Of his wares collected Il crowd.
Etreets. including the subway. whose wares
might be damaged. he had better not sue TIL he
lakes counsel. and If he does so he won't sue
unless he wants to add to the precedents Of
iAese who have heretofore been thrown out of
court because deliberately or even carelessly
they invited the damage they got
NR. ToMKINs's LETTER TO Mr.. ORR.
Mr.. Tonkins's letter to Mr. Orr was in part
as follows:
4alt in the DETACHMENT Of the subway for adveT-
oety Eespsctfgy 4ge q han e M MIneipe Art So
!4ke PROMPT action to aoate the existing nuisanoes
- inferred 10 assume any jurisdiction on your part
IS that after examination Of The law Nv ts co,Tsi
.oi ne society, II seems clear 10 that you have
= sich power As 10 this, your commission has no
Ios'er beyond that given il by law; the law gives
Private advertising is not a public need ~ re-
S--reIen1, or necessary 10 the efficiency of the
tract in brief is TO be one solely for the copstr3n
ION and operation OF railroad. The provision In
s59H rot Fe.f a5yertIseents in the stations or
g stations or otherwise with efficient operation
Eg .-ts i PIoosoiy reserves TO the commission the
wise lawfully installed SO clearly inhbifs ratbar
Ia PEI Inlts that rad our society years attacked
s-s-t On me groInd that by purporting TO
49, lsing privileges. you had exceeded your
The ground that il did no such thing - 0-
need not dwell on how absurd on It's face is
$50
whether by Construction defaoeTnebt n PpeoSss
q Iernlnd you that neither the city the State
LIS conferred upon you the authority TO do so
of these signs is DETACHMENT and their no9nt
l-s = Ha4lcous injury 70 public property which
Fernit and on the other has expressly forbidden.
The stations must be finished in decorative
and suitable TO buildings Of such character"
an details OF the stations must BE- 50 arranged
ho-ough washing q al parts eF dF fba If desTed
sno their approaches by means OF hose
sSSEay for advertising must Violate both these pro-
As the matter now stands the public has TO deal
w-n admitted trespassers IN public streets and
the iaTreaEss - reoiate this that 80 bei4 y c 90
.sols WITH advertisers provide that signs are at
ne risk Of the latter, and that such contracts shall
terminate should the contractors have right to
From careful inquiry We decide that the sub
1eK creators have protected themselves equally
= 1888 reclamation; even should advertising
taa[ your commission refrain from any action that
,---st .e! excuse these trespassers or substitute
;, a closing We venture to hope that 1t NAV not
memorial 81 '041 'iiiS
NJ. Orr would not discuss the letter. which he
fald raised points for the commissions lawyer
70 decide. Uader the contract. he said the
operating company. the commission had been
informed, had the right to put advertising IN
the subway.
neither or not We had the right to put that
Cause regarding advertising into the contract I
vii not discuss said he That apparently
Permits such advertising as will not interfere
with the ready Identification OF the stations or
TIE operating Of the road When it comes 10
Tie defacing Of stations Or the destruction of
property TIE commission called halt quickly
enough and no further hanging of signs viii