The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-05-06
CITY IS UPHELD IN
PARADE SEATCASE
Private Owners Fail to Get
Injunction Against Sidewalk
Grand Stands.
BENEFITS 10000 PERSONS
Those Who Pay Will Have to
Look Over the Heads Of
Marchers' Relatives.

Justice Whitaker In Part j. OF the
Supreme Court handed down a decision
yesterday denying the application for
an Injunction to restrain the Mayors
Committee on Welcome to Returning
Troops from completing the erection OF
grandsthnds on Fifth avenue. which was
sought by a number of owners OF pri-
waite stands.
As a result more than 10, 900 addition
al relatives of members Of the Seventy
seventh Division may see from reserved
seats the victorious march OF their boys
In the big parade to-day. Those who
pay for sests,in the private stands must
take their chances on seeing the parade
over the heads OF the.city's guests.
. An order TO show cause why an in
junction should not be granted was
signed on Saturday by Justice Philbin
OF the Supreme Court and was served
on members OF the Committee on We'll
come. 1t was made returnable yester-
day afternoon The applicants were
Capt Charles E. Saleck, Lieut. Roland
Schank, William J. Brohan, Mallory s..
Fenton, Helen Hammond. Julie Ham,
Tnond. James Kelly, Daniel NJ. Shea.
John Wendelken and John Lambert, all
owners or lessees of vacant property
along the line OF march. They objected
to the city placing other stands In front
OF the private ones erected by them.
Needed for soldiers Relatives.
George B. Nicholson. Assistant Cor
poration Counsel, represented the
Na t., M
fore Justice Whitaker. He pointed out
that the public stands along Fifth ave-
nue. were found to be- inadequate for the
accommodation Of soldiers relatives and
friends on the occa Sion OF the parade of
tho Twenty-seventh Division. and that
! an even larger crowd was looked for at
the Seventy seventh review.
The stand erected or in course OF
erection by the city from Ninety-sev-
enth street to about the centre of
Ninety ninth street. which the plaintiffs
complain of. Mr. Nicholson said. started
at the curb and was only six feet high.
The private stand. he declared, was built
above an eleven foot board fence inside
an inclosed lot, and for this reason
the city's stand would not obstruct the
view of occupants in the other and
higher one.
Admitting that the lease Of the private
owners provided for access to their
property and light and ar. Mr.. Nichol-
son said there was no clause in II which
specified that the occupants should have
a clear and unobstructed view Of Fifth
avenue from their grounds.
Joseph p. O'Connell OF the law Arm
OF John F. Mccall. 81 Chambers street
represented the plaintiffs. In addition
TO asking for a temporary injunction. he
pleaded for the Immediate removal OF
the unfinished structure Immediately In
front OF his clients private stands.
After listening to the arguments OF
both sides Justice Whitaker expressed
his unwillingness TO give a decision
stating he recently had been appointed
objections were waived by Mr.. Cornell
who said his clients were willing to trust
the case in his hands.
Justice Whitaker announced then
that he would give his decision from
the chambers later in the day, remark
ing that in the event of his ruling be-
Ing adverse to the private stand owners
they would be entitled to sue for dam
ages II any OF their patrons demanded
the return of their money on the ground
that their view III the parade had beer
DISTRACTED by the city stands. Later ir
the day he rendered the following curt
decision:
Motion denied The commplaint
states no cause Of action against the
defendant. II the plaintiffs suffer injury
by any unlawful act of the defendant
they have adequate remedy at law ir
an appropriate action for damages"