New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-22
PARK FENCE ARGUMENT.
Justice Scott Receives Briefs on
Advertising Rights.

Argument was heard and decision reserved by
Justice Scott yesterday the application of Calvin
Tomkins president OF the Municipal Art Society,
a taxpayer for injunction restraining John
j. Pallas. Commissioner of Parks for the Bor-
oughs of Manhattan and Richmond. and McNam-
ara & Co.. from permitting the use of and using,
respectively. the fence surrounding Bryant Park
for the exhibition of advertisements.
Justice Scott ntimated that he did not consider
taxpayers action the proper proceeding, but said
he would receive briefs Lawyer Spencer urged
that Park Commissioner Pallas had no authority TO
make the agreement with Mcnamara & Co, the
advertising contractors permitting them TO display
the advertisements objected to upon the fence in
closing the Public Library building
Mr.. Tomkins, in his complaint, sets forth that
the agreement between the Park Commissioner and
the other defendants was executed on January 2o
1904, the Park Department to receive 1880 year
for ths advertising privileges, the agreement and
privileges TO be assigned without the written
consent of the department
Neither the charter of the city of New-York, the
rules of the Park Board nor the ordinances of the
Board of Aldermen contain. it is alleged, any pro-
vision authorizing the Commissioner Of Parks for
Manhattan and Richmond TO make any such agree
ment, which, 1t is also contended. was made with
out any advertisement for sealed bids or pursuant
to public auction.
THE said advertisements have been and are
the complaint states. "of such character as to
quickly catch the eye of the public passing tie
said fence and for that purpose their lettering is
large and often fantasticaI and dspleasng to the
eye; they often composed in part of poorly
drawn and painted representations or pictures Of
the article advertised, which at times offensive
the taste, and they painted in various force
full glazing and displeasing coors. predomnantly
in red and yellow.
The defendants it is alleged, in permitting the
posting advertisements giving notice of persons
having skill in the treatment cure of disease or
giving notice of the sale OF any nostrum medi-
cine have disobeyed the ordinance OF the Board OF
Aldermen.
1T is important" the complaint continues. ITO
the welfare of the city of New-York that it should
maintain so far as possible and especially in its
civic buildings and holdings. Eigh standard of
beauty while the result OF the action of the
defendant. PalIas, Commissioner. as aforesaid
is to lower such standard and produce dis
tinct injury TO the city and TO its citizens
Mr.. Spencer submitted attidaVits from Mr.. Tom
kinS and others to the OfrenSiveneSS and bad
taste displayed in the advertisements posted the
Justice Scott intimaed that he thought the action
by taxpayer would not lie there
charge OF waste
Assistant Corporation Counsel William P Burr
IN opposing the application for injunction, said
that the Park Commissioner had ample authority
10 make the agreement and grant the license
Mcnamara & Hart under the statute. and the rules
and regulations of the Park Department, as the
fence merely a temporary and brought in
contended, made by the plaintiff of any fraudulent
or collusive agreement between the Park Commits
sioner and the other defendants and for that rea-
son, as Well as Tor the fact that there allie
cation Of waste, a taxpayers action untenable
The granting of the license perfectly legal
Mr.. Burr said, and the that could be
ward against the advertisements that they
We're not in good taste. but that in itself was not
sufficient TO sustain such suit that Of Mr.
TomktnS. Besides, he said, it urged
the advertising a nuis
Justice Scott received the papers In the