Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-04
PLAN TO SUE CITY
OVER REMOVAL OF
SIDEWALK STANDS
Many Merchants Band to Fight
Board of Works with
Test Case.

.Owners Of property on Market and
Broad streets visited by the Board OF
Works officials when they cleaned out
showcases and news-stands, are to be
drawn into the fight, according 10 plans
formed by the Merchants Showcase AS
ISOLATION, which up to the present time
includes the names of twenty-six
merchants on Market street. This as
ISOLATION has engaged Chandler w.
Riker, of Riker & Riker, to represent
them.
They propose to fight the action of the
Board of Works to the bitter end, and
for that reason are trying to enlist in
the fight the owners of the different,
buildings. The contention is that the
owners are entitled to three feet OF
space on the street, that being the So
called stoop line of the property. This
space. the storekeepers claim, they are
entitled to under their leases from the
owners.
\The following business men of Market
street are members of the new associa-
ton, and they expect to get many OF
the Broad street merchants to fall in
line and join the organization:
l.. ~Gternberg & Co., A. Levy d Son,
/. Epstein. ID. Friedman Company, A..
Taper, S. ID. Alpern. Model Tailoring
Company, Beardslee & Hildebrant,
Hymes & Spingarn, r.. Bliwise, L.. Sny-
der, ]. Goldberg, j. Bueh, l.. Bliwise, II.
l.. Kellner, /. L.. Silverberg, 1. L. Piken.
NJ. Pertzovitz, Phil Robinson, b. Less
ner, PHI. Bernstein, L.. Gross, j. Muller.
II. l.. Sellner. Phi. Freeman. Harry w.
Smith a. Sons.
J.. Gunipel & Son, of 50 Market street.
will not take any part in the fight 10
retain the showcases.
1--WE had a showcase in front of our
store simply because other merchants
had Them said j. Gumpel today. 'As
O as we received notice to remove it
we did so, and, no matter how the pres
ent fight goes, we will not put it on the
street again. Our concern has eight
stores in New York city and not one
has a showcase in front of 1t. We do
not feel that we need it. ind. therefore,
will not take any part in the fight to
keep them on the street"
Following the removal things we're
quiet at Board of Works headquarters
III the lily man tOudJs oNiNioi ouPSh
intendent Charles N. Shipman had a
force of clerks engaged in sending out
notices to merchants on streets other
than Broad and Market who it is
claimed by the department are in
fringing on the sidewalk rights. The
notices require the removal OF show
cases or stands within ten days. Mr..
Shipman said: $
ttNTo., that fln p,arabanfe 500 that
we mean business, it is believed that
a simple notice will result in the re-
moval of showcases without any
further action on our part. If not.
| they will be removed the same as We're
those on Market and Broad streets"
.,-sked whether he contemplated any
legal action being taken against him
for the Broad and Market street re-
movals, Mr.. Shipman laughed heartily.
Most assuredly not he said. The
ordinance is clear and we simply
obeyed it. Any showcase or stand that
does not conform to the regulations
laid down by the city ordinances will
have to go. That is all there is to It."
How about suits for damages
gains YOU or the hoard for damage
to cases or loss of goods in them" he
was asked.
1.-THE ordinance covers that also. 1t
provides that the cases, stands and
contents are to be taken to a city
storage yard and If not claimed within
thirty days shall be sold by the Board
of Works department. following a five
day advertisement of the sale. That
means that the merchants whose o
cases and goods were confiscated car
go to the storage yard at any time
within thirty days, claim and identity
their goods and take them way by
paying the carriage charges from the
yard. There is no chance for any ar
gument there. If the goods are not
\ claimed before the end of thirty days
they will he sold by the board to the
highest bidder"
Judge Thomas S. Henry said today
that he believed the ordinances was un-
constitutional and would not stand
legal test. He had heard nothing from
the newsstand owner looking towarc
making a fight for their rights, but
said he heIieved a test ease would show