The evening world. [volume] (New York, N.Y.) 1887-1931, 1912-12-18

stance. II forbids any specially licensed
hack to make, use or come upon any
public hack stand or 60 stand at any
other place except IN front OF or ad'
jecent to any hotel or any other buildin {
whore there IL necessity therefor. which
may be designate by the Mayor.
1T then adds that II may be used ne
q stand with the approval or consent
Of the persons occupying ;hc premises,
and provides another restriction to
the effect that the owner or driver
OF any sueh cab shall not solicit nor
take any passengers on the streets.
but shall confne themselves solely ~
and for the use OF the guests OF said
hotel or hotels Therefore this present
ordinance contains principally llmita-
lions and defines more accurately what
q specially licensed hack cannot do than
what rights 1t Is gtven.
NO LIMITATION TO THE USE OF
PRIVATE STANDS.
There Is no limitation. however. pro-
hibiting tho use Of any private hack
stand for limited period during the
day or conflntng II 10 certain hours nor
any particular days OF the week. There
fore 1t Is possible for any person having
. permit to use a private hack stand
and to use II continually and perpetually
for the period OF time which 81 was
granted. subject only 10 the revocation
by the Mayor. for the Mayor 10 SVEN
the right 10 revoke these licenses at
any tirne for good reasons shown.
Although the charter limits the power
Of the Board OF Aldermen Forbid ng
the placing or continuing OF any obstruc-
nons upon any street. except tempo
xtt. A.. A.sla
md that under the above ordinance II
would be possible for the private hacks
to stand continuously on a private hack
stand constituting practically a perma-
msnt obstruction. and u Is entirely i'm
material whether or not they actually
do stand there continuously. The fact
that II 10 possible under the ordinance
70 accomplish this result Is sufficient
TO render II beyond tho power OF the
Board Of Aldermen TO enact.
Licenses are given to public hAckmen
wiaoh ostsnsibly give than the right 70
ply their vehicles for hire In every part
Of every one of the public streets In the
city OF New York They pay their
license fees and expsct to be entitled
TO this p-iNiagS. The fact 10 that they
ere excluded specifically from uuiising
certain portions Of the streets which
have bsen d>Mgnatsd ~ spsciai hack
stands.
section ne Of ths Code Of ordinsn oss
provides IN effect that no othsr ncen -
hackmAn than those specially licensed
shall como upon or use Q specially
licensed stand The city hold the title
90 the street n trust. nsverthsless. for
the use and bsneit OF the public. and the
Doaed Of Aldermen have been granted
no power by the Legislature 10 Givs
any individual or corporation tho right
70 appropriate any portion Of any street
20 private use TO the exclusion OF the
public therefrom. and a. coon a. any
person or corporation attempts TO APP
oroprtats any suoh portion of . public
street TO hts own use. such appropria-
ton Will b construed to be . nuisance.
COURT DEcieioNs AoAiNsT THE
LOCALITY o. PRIVATE GLANDS.
Tn Vie cass Of Willis Cab Company
Va tA6 AbbayA q Mao. CO... - obitsr
dleta, Justies Drlanssr sasd:
ut would seem that On a6utting
propGty owner cannot derive revenue
from uAdsrtakinS 10 oartas away an
exclusive ~ TO the pubic highway
and thereby sroSuds ah othsrs from
che enjoymsot OF . privilege which be-
lon4U 70 ne Ssusrai public even though
- CioSu9O0 tuet 0nwND
tAr0uOA en- ordnance
IN New York Cab Company ~ Aawa
= WathssosA % Misa 90. whsrs q COZ
tract waa made 10 pay TO the Hotel
Manhattan . sum equal 70 Ten Der cent.
OF the fArss which shall b collected
BY Il during said hvs years from per-
snansnt Or TRANSIENT guests Of 0aid no
tsi and from such other persons who
shall enter cabs at said Manhattan
Aotsl,' u was Asld that the contract
was In violation Of ehs ordinance end
was invalid 6eoauss u provided for the
payment Of . commission on fares ~
csivsd fPom passsnSsFs not guests OF
the hotel. The Court also aid: In e.
fsct It y Q isass by the Hotsi Company
Of . uast OF ne public street - rental
~ shown ~ proof Of over 80 month.
'Othsr oAsss bearing on the subject
% that Of City Of New York W Rsssing.
n ApO. DIV. ~; the cotton OF People