New-York tribune., 1905-02-25
ENJOINS TRAFFIC RULES.
DECISION By tT4YNOR.
McAdoo Can't Close btreets-An
4pped To BE Taken.

sraking the ground that Pohe's 'ConfnIssloieI
McAdoo has no power TO clio Sc pornohs %
streets in the regulation OF street ustnle, 'u0
,-s,-,o, in tbe Supreme Court in Brooklyn yes
terdav granted an injunction to II taxpayer Ho
nd sslxed for il TO restrain thei Commissioner
e,o,, enforcing the regulations about the BOT
ouch Hall in Brooklyn Nr. Nc idoo announced
that there would he appeal from JUSTLY
Gaynors decision, if possible an d IL 'i'e i'isie
courts sustained the decision OF yesterday INC
Board of Aldermen would be as ked TO pass an
ordinance to keep the present street trafhc
regulations in force. Justice Ga snors decision'
if sustained. would seem 10 endaliger the system
H., which all vehicles are obliged 10 keep to the
right AZ Madison Sqtare and at the Columbus
Circle I'm Manhattan.
Justice Gaynor has shown by several rulings
recently that he is strongly opposed TO abuse OF
police power Some of his injunctions nave re-
strained the police from breaking into poor
rooms without warrants based ON evidence u
violation of the law, and he has criticised the
action of the police in some of his utterahces
from the bench
The Injunction proceedings were brought by
Abi Peace = real estate of Brooklyn IN
MS decision of yesterday Justice Gaylor say
the Police Commissioner has enacted an orul-
nance which closes some of the streets ABOUT lhe
Borough Hall in Brooklyn against Nehicie
traffic. He adds in part:
Every abutting owner has property right IN
the maintenance of the highway in full use
This Droperty right is not merely that the
abutting owners may get in and out II also
embraces the right to have their highway open
as a thoroushfare to the whole community ioI
ihe purpose Of travel, convenience, publicity
and trade. Merchants, for instance, nave lhe
right 10 have their street freely opened SO mat
they may get customers by means OF theT SIGNS
and the display of their goods One may drive
by to-day and. seeing sign. or displayed goooS
come back another day to trade And every
the right TO have the highways freely open TO
him
delegated 10 local authorities a certain limited
control of the highways. In towns such deiega-
tion Of authority is to the boards of colninls-
sioners Of highways. and in villages ana cities
II is 10 similar boaras
In the city Of NeE-York il is TO the Board
Of Aldermen, by Section 20 Of the City Charter
For the legislature 10 place the control of local
administration OF highways in a constable or
The head OF the police would be a most extraor-
dinarv event. 1t would be contrary to the
course Of English and American law and gov
ernment If TO excite surprise We do such
things through local legislative or admilaistra-
tive bodies. who act ON delberation and with
opportunity for ali TO be heard, instead of allow
ing them TO be done arbitrarily through police
official. as is The where free government
does not yet exist.
Our government is of Laws and not of
hen, and ii ca mot possibly endure on any other
basis. Those who advocate the changing of our
police into military inctead OF a civil force
and turning the city over To It's commander
either do not know what they are saying or else
want to destroy our system Of free government
Justice Gaynor says the police have the right
70 regulate traffic a congested street crossings
10y arresting the movement of vehicles at in
iervas but he grants the injunction the
ground that the Police Commissioner has no
power 10 make an ordinance closing certain
parts of streets
Police Commissioner -AIcAdoo said late yester-
day afternoon:
If an appeal lies from the decision Will
certainly be taken, and the matter will GER
tainly be carried to the highest court If how
ever. the Injunction would temporarily paralyZe
or restrict the present traffic arrangements, which
meet with an overwhelming volume of public
opinion in their favor ] would then, after con-
Sulting with the Mayor. advise an appeal, either
10 the Board Of Aldermen directly or to the
legislature. In the mean time, 1 have been ad-
Sised by the Corporation Counsel here that the
trend of all decisions is in favor of the present
traffic arrangements which have been made by
me.
Commissioner McAdoo late yesterday after
noon made public details of the traffic
regulations which viii go into effect the
Williamsburg Bridge Monday Traffic going
cast on the bridge after Monday will go by way
Of the south SIDE, ana tr2f7lc going west by way
Of the north side as is the case on the Brook
lyn Bridge Al the Brooklyn Plaza the traffic
of trucks and heavy wagons will describe
large circle and approach the north drive of
the bridge by going around the plaza. instead Of
crossing the plaza at any angle found easy to
drivers. as is the case. Traffic leaving the
bridge for Brooklyn will make a sharp turn
after leaving the bridge. and connect with
Broadway by like circuituCus path.
At the Manhattan end of the bridge, fourteen
mounted policemen viii turn all traffic from
Brooklyn off the bridge approach by sending it
through Clinton street to Rivington street. and
thence west through RivingtOn street instead of
Delaney street. TTRfic for Brooklyn will be
through Broome street east to Clinton street
and thence over the soQlth roadway TO Brooklyn.
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