The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-04
CITY TO MOVE SUBWAY SIGNS,
TAKE EN- OFT Aztec IS HOURS
SAYS MAYOR TO 4HEiRN

Gets an Opinion From the Corporation
Counsel and Orders the Borough
President TO Treat the Posters and
the Stands as street Membranes.
Mayor Mcclellan has taken a hand In
the subway sign fight and has told Borough
President Ahearn to tear down the signs
II noe ssary,
About a month ago the Mayor grew in
dignant at the Willingness of the majority
OF the Rapid Transit Board 70 accept every
excuse offered by Mr.. Belmont as a reason
for delay. and asked Corporation Counsel
Delany for an opinion as TO the city s
power.
Mr.. Delany has reached tho conclusion
that the advertising signs have no place
in the stations and that the city has
the right 20 insist on their removal.
Mayor Mcclellan at once sent copy OF
the opinion to President Ahearn, with
request that he see to it that the signs are
removed without delay.
Mayor Mcclellan also wrote this letter
to the Municipal Art Society;
beg to aokno Wedge the receipt OF your
communication Of Nov. IS in regard TO the
advertising signs In the subway. and 70 say
that / have not made an earlier reply thereto
because | desired 10 await the result OF the
consideration OF the subject by the Rapid
Transit Commission. which | thought might
make any action on my part unnecessary
When, however the commission took
position contrary TO my view OF the law /
submitted the matter for advice to the Law
Department. which to-day confirms my
opinion that the use OF the subway for adj
vertising signs is In violation or the city
rights. feel justified. therefore. in taking
Independent action. and | have accordingly
requested the Borough President TO noIiy
the contractor TO remove tie Objectionable
signs, and If within reaso nable Tune thls
demand be not complied with. that he re,
move them himself to the corporation yard
like any other incumbrance uniawlully upon
the public highway.
Mr.. Delanys opinion is Voluininous
one and winds up
Il am of the opinion. therefore. and 80
advise YOU that the operating company
has no legal right TO use the subway stations
for its own emolument by letting them cut
ms places in which TO advertise or sell goods.
l believe the complaints made are Justlfl-
able and advise YOU to instruct the Presi-
dent of the Borough Of Manhattan. who
under the Charter has cognizance and
control of the removal Of membranes,
to Immediately give notice to the Inter
borough Rapid Transit Company. operat-
ing the subway railroad. to at once remove
from the subway stations these va rious
flower stands and slot machines, and that
upon failure Of the said company TO comply
with this demand the Borough President
be in strictad n remove the saunn bv force.
Before the Mayor sent his letter TO the
Nun oral Art Society he had talk with
Mr.. AheaIn. who readily consented to un-
dertake the job
Mr.. Aheam first sent a message 70
Supt. Thomas NJ. McEntePart of the
Bureau of membranes. asking him to
attend at once at the Borough Presidents
office. Mr.. McEntegart Rad. however,
gone for the day. hut Mr.. Ahearn will see
him the first thing this morning. Mr..
Ahearn said last night that be would
direct Supt McEntegart to write TO
the Interborough officials ordering the re-
moval of the signs and stands and notify
ing them that unless they were taken within
the forty Eight hours allowed by the Chor-
ter the bureau Of Membranes would
remove them.
1t Ia expected that the Interborough
company will seek to enjoin any such
move Mr. Belmont would not be seen
BY reporters last night, but one of his
representatives eaid the matter was enc
with which the counsel for the company
would deal He added that apparently
the Corporation Counsel had decided that
the subway stations we're public highways
and that if such a contention were upheld
the company would insist on the city polio
ing the stations