Year: 1878

THE CITY LAW OFFICERS TO DE CONSULTED ON


THE LEGALITY OF SUPERINTENDENT BLuMEN-


THALs ACTION.


The raid made by the Commissioner OF Public
Works and the Superintendent Of Encumbrances on
the keepers of the stalls and booths about Washing
ton Market has borne good fruit for yesterday there
scarcely thoroughfare in the neighborhood
which was obstructed by the stands. Much dssatis.
faction s expressed among market people, who claim
that they cannot be interfered with by the Depart
ment of Public Works.


The clerk of the market. Mr.. John Keenan,, when
asked for his views the conduct of Superintendent
Blnmenthal in causing the stands TO be removed.
said he did not think that the department to which
Mr.. Biumcnthal attached had any right to inter
ferc with the owners OF the structures long as
their erection did not cause an obstruction OF the
thoroughfares upon which they were erected.


article 1 of section 80 OF the Corporation Ordi-
nanccs." continued Mr.. Keenan,. provides that no
person shall occupy any part OF any public market or
the streets contiguous thereto within the distance Of
800 yards from any part OF such market for the pur
pose OF exposing and Offering Tor sale ana selling any
article thing whatsoever without having first
paid the rent market fees according tc
the rates specified This section wonld seen
to render the position taken by the Com
missioner of Public Works justifable
But the very next article of the ordinances states-


No person shall sell or Tor sale any article o.
within the limits thereof in any street within the
distance of 800 yards from any part OF such market.
except at stall stand TO be hired by
such person of the clerk of the market,
under the penalty Of so for each offence
So that you any person who obtains my
consent to erect stand or booth is authorized by
law to maintain the same But this is not the only
provision upon which rely to maintain oui
position. But first let me say that as the Common
Council is authorized by provision of the charter ia
regulate the streets and public places IN the
city any power that that body has delegated to in
my capacity the clerk of Washington Market. can
not be ntcrcred with Four years ago the courts de-
cided that the only department of the city
TINT could in any way interfere with my authority in
this matter is the Board of Health. And even tha
Health Commissioners. who may be said TO have alb
soute power in this in the regulation of all other
matters pertaining 10 the health of the city must be
convinced that the retaining OF the stands sought to
be removed would be detrimental to the public health
1t upon this ground and upon no other that the
department sought. few years since to have the
have been Tor the raid the structures.
but at present there is whatever. At
any rate even it there were. that is not
the ground taken by Commissioner Campbell.
who claims simply that the stands obstruction


to the free of the streets and thoroughfares upon
which they erected. That the structures not
such an obstruction would warrant their removal
think can be shown to any man other than Mr. Blu
menthal Commissioner Campbell. We intend to
bring the matter before the Corporation Counsel for
his opinion the subject. and in his views
incide with those which take in the matter we
will request the Police Commissioners TO order the
patromen not to allow anybody to interfere with tina
standkcepers,''' -