Year: 1873

street and sidewalk Distractions.


Our streets and the walks at their sides,
which are part thereof, are specially dedicated
to the use of the public. They belong for the
time being to any who may require them for
transit Known to the law as public highways,
the owners or occupants of houses abutting
upon them have no preference in their use over
the casual passenger. The owner or lessee of q
house or store has no right to use that part of
the street in front of his premises to the ex-
clusion of others who may have occasion to
pass, neither has he any right of such ex-
elusive use which he can grant, sell, or lease
to another. Sound authority has lately stated
in judicial decision that neither the munic-
ipal government nor even the State Legislature
has competent authority to permit any ex-
elusive use of any portion of a street In spite
of this plain and well settled principle
Of law many of our streets are con-
stantly and systematically obstructed,
to the great annoyance, inconvenience
and detriment Of passengers, for whose
use the streets exist This is notably the case
in the thronged approaches to the several
ferries and the vicinity of markets where
crowds are apt to congregate. We do not
allude to the use, by property owners or their
grantees, of the margin between building walls
and the street that by prescription may at
tach to the buildings; but the sidewalk to
the gutter and the street from curb to curb
should be left free and open. Not too much
width has been allowed for our streets, especial
ly those thoroughfares where the abuse most
abounds. In some of the streets the entire
walk is held for commercial purposes, not
even stopping at the curb, but trespassing
upon the carriage way nearly to its centre as
in South street adjoining Catharins Market.
Other streets are frequently almost wholly
blockaded by vehicles out of use, either for the
night or awaiting repairs. Such use of our
streets is gross abuse, disgrace to the city,
and should at once be stopped. Every trader
should have some better location for his store
than the street, where he is nuisance,
and every owner of cart, wagon, coach
or other vehicle is bound to provide
for its storage when not in use elsewhere than
where it will deprive others of their due enjoy
ment of the streets. To prevent such wrongful
occupation of and distractions in the streets
is one of the duties of our city government
Thanks to the Health Board and threatened
disease, we have seen some abuses corrected by
executive force. Let us see the proper admin
istrative authority exert his powers for the full
clearing away Of the street obstructons.
Builders are another class who need
lessly cumber the streets with materials and
make them dangerous to passengers. They
should be checked in their lawless acts and
taught to respect the public and its rights.
Great corporations, too, like that which holds
the upper part Of Fourth avenue, should be
taught that the public has rights which even
rich corporation can be made to respect or pay
the penalty of its wrong doing New York
needs firm and impartial enforcement of mu-
nicipal ordinances in this matter, which
would go far towards making our city pleas
anter one to live in or to visit than it now is.
If we have not officers who can administer the
laws and protect the public it is time we
should have.