New-York tribune., 1905-02-17
MOTION ON SUBWAY ADS"
THE INJUNCTION ARGUED.
Decision on Continuance ReserUed-
Ward 6 Coo Pay S555 900.

Delaney NicoH and George w wickersham |
lawyers have made amazing discoveries /
anent the subway and advertising signs. Mr.. |
NicoH. after many experiments and much research, |
10 the scientific world that he has found
that the subway advertising signs kill microbes.
Let a microbe bacterium, protoplasm or |
nicro-organisr-in short. germ of any kind (save
that OF advertising contract-get near a subway /
"ad' sign and straightway 1t gives up the ghost
Mr. Nicon has also discovered that subway adver-
Using signs are one of the modern comforts Of
travel: that Boston is the modern Athens: that
a man can while away time by chewing and
refresh his SOUL by reading newspaper.
Mr.. wickersham has discovered that the sub
way "ad' signs do interfere with the
"essy Identification the stations: that the news
papers want them abolished because they are
afraid of advertising: that slot machines divert
several Thousand persons yearly. and that news
stands should be in the subway to prevent people
from fishing in their pockets out on the cold side
walk"
These discoveries were announced yesterday when
Justice Bischoff, in the Supreme Court. heard ar
guments on the application OF the Interborough
Rapid Transit Company for the continuance OF
temporary injunction restraining Borough Presi-
dent Ahearn and the superintendent of the Bureau
OF Membranes from removing the subway ads
slot machines and newspaper stands Motions Of
a similar nature. in which Ward & Cow. the ad-
vertsing contractors. seek to restrain the city and
the Interborough company from interfering with
their rights also the calendar.
1t was also brought out that Ward & Cow
are now paying S250eoO a year for the elevated
road advertising and had agreed to pay sS5oOoo a
year for the subway ads"
! An affidavit by G. A Soper. sanitary engineer.
| was read. in which he said:
/ 1t is well known that miners subject 70 a
dlsease called miners phthists (consumptlon) Inc
| finely divided particles Of inorganic matter Of
which the dust is composed. In the operation 9t
railway much dust OF an inorganic nature Is
mechanically produced.
sent great variety Of harmless and harmful micro
organisms which are carried into the he snS~ay lay & 6y
movements Of trains. Once these bacteria enter
open air their existence being favored by the lower
temperature. moisture, and. most OF ali; absence
The chief diseases which may be apprehended from
ga9s sTch as copsumptio1' 0neImonia bronchitis
| influenza. tonsillltis diphtheria whooplng cough
In the lies the chief sanitary objection which
can be urged against the subway; Inc suo%ay & Is
dust subsidies or settles toward the earth once
| with dificulty The dust produced elevated
and surface roads is Immediately swept away by
air currents II accumulates rapidly In the sta
Platforms and the walls This is true even OF the
their names with their fingers in the dust on the
It is essential that the subway should look clean
arranged form hidden pockets where dust papers
and miscellaneous refuse collect. Ths IorInatloh
iness about the whole station, and the existence
of such conditions tends 70 lower tne nlsn St1l t
excellence
Mr. Wickersharn in asking for the continuance
of the Injunction said that the contract for the
| construction and operation Of the subway was IN
the nature of a lease. The Corporation Counsel
| contended that the contract was not a lease, and
that the signs and machines could be removed on
the ground that their erection was IN violation OF
! one of the rights OF the contractor under the
lease. Mr.. Wickersham declared, was the plac1ns
of advertising signs on the walls OF tpe sCetlOts. &
| and under the laws regarding puplc streets the
lessee right do IL did not interfere
with the primary rights of the public -,
The persons who objected to these signs. Salc
Mr. Wickersham. would object 10 the display OF
! anything but the baths of Caracala or the tomos
1 of the Egyptian kings. These are the people who
these signs the walls
! Assistant Corporation Counsel Burr said there
/ pany had violated its contract, and that search
| of the statutes or contract would not reVeaI any
authority for the placing OF the advertiSlne signs.
| machines and newSStandS The subway was
! public highway. and he cited the decision OF
Justice Scott preventing Park Commissioner Pallas
! from using the fence around the new PUBIC LII
| brarv in BRYANT Park for advertising purposes.
| and also opinion Of Judge DAILY IN which ne
1 denied an Injunction 10 a soap company which
Elevated Railway from removing It's advertiSeI nt
He denied the statement of Mr.. WiCkersham that
way except those of magazines and periodicals,
and produced affidavit from IT'S president WILL
another affidavit from Horace G. Allen, OF the BOs-
ton Rapid Transit Commission
THE Rapid Transit Commission had no power 70
| grant any such privilege" continued Mr.. Burr.
and If they put advertising signs IN an ordinary
street the Mayor and president Of the borough GER
tire tunnel is regarded as a street. In which the
! city IS owner in fee
garded the subway a street and the property of
the city.