The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-05
SUBWAY SIGNS ORDERED DOWN
Else THEY'LL M GARFIELD TO
THE CORPORATION Yard.
VIII ne nane en Aer;'sy srieSs All ihjiinc-
ton Prevents stat Machines and Flow
er stands 10 go Too MIR, Belmont
Thinks n WIN he Nrrach of Contract.

Formal notice was served on the sub
way people yesterday that the signs and
other membranes must como down
within forty-eight hours or will he To-
moved by the city and cafted 10 the cor
poation yard The notice was issued by
the Bureau OF Membranes, The next
step will undoubtedly loo an application
to the courts by The lnterhorouPh tcm-
pany for an injunction to prevent The ic-
mova of tho signs. Tho application for
this injunction will. 1t ia understood, Q
made on Monday
The notice served yesterday was issued
70 Manager Frank T. Hedley OF the Inter
borough company by Supt MoEntcgart
of tina Bureau Of Membranes and fol-
lows the action of the Rapid Transit Com
missioners in calling on Borough President
Aheara through Mayor Mcclellan to clean
out the signs. II says;
Complaint having been made AZ this Office
that the stations and platforms along the line
Of the subway. occupied and operated by the
marlborough Rapid Transit Company are
obstructed and ncumbered In violation Of the
law and ordinances.
Notice is given 20 the owner or owners.
lessee or contractor OF the goods or prop
erty. viz. advertising signs. slot machines
flower stands and other incum' RANGES and
distractions incumbcring and obstructing
the highway as aforesaid. that unless the
same he reno, ed therefrom Immediately
after the service OF this notice the same will
be taken TO tho corporation yard and dis
posed OF as directed by the city ordinance,
In case tne stations and the platforms on
such highway be gain INSTRUCTED the goods
or obstruction. without further notice, will
be removed to the corporation yard and dis
osed of as aforesaid.
THOMAS NJ. McENTEoARr.
Superintendent or Membranes.
With the notice Manager Hedley was
furnished with a copy of Corporation
Counsel Delany's opinion, furnished to Mr.
Ahean. to the effect that the incumbranoes
were illegal and should come out,
August Belmont was in consultation much
of yesterday with the PETERBOROUGH counsel.
Mr.. Wiokersham. Late in the afternoon
he uttered few deploring words, thus:
IF this document which | have seen is
the Corporation Counsel's opinion III wasl
then it is the MayorE duty to do what he
has done But IL must be borne in mind
that in 1900 the then Mayor, acting ex officio
as a member of the Rapid Transit Commits
sion, approved and signed a contract Civ
ing the lessee Of the subway the privilege
manner the then Comptroller approved and
signed the contract. And the then Corpora
ton Counsel approved the legality Of the
contract.
1T il for the citizens Of New York. acting
apart from other considerations, TO judge
whether the city IL dealing honoraby with
the contractor in this connection and
whether This action tends to establish re-
spect for the commercial and civic obliga-
tons OF The city OF New York
Mr. Cow, Of Ward a Gov, who have the
sign posting privilege, said that bis concern
was doing nothing as a result OF President
Ahearns action. Ward & Cow, he said,
looked to the marlborough people for
protection.
Mr. Cow said that the report that his firm
was already taking down signs voluntarily
in the ll8th and 10th street stations was
due 10 a misunderstanding The signs
were only being taken down In order that
the tiles which we're broken when the signs
we're put up might be replaced.