The New York herald., 1871-09-14
MACGREGOR,S DEFENCE.
DEPARTMENT OF BUILDINGS,
No. FOURTH AVENUE, Sept. 13, 1871.

To THE EDITOR OF THE HERALD-
In your issue of this morning you give the pro-
ceedngs had yesterday before His Honor Justice
Barnard in the case OF this department against
Abraham B. Tappen. The facts III the case are as
follows:-
On the 18th day Of June 1871, plans were SUBJ
mitted TO this department for the erection or two
buildings ON Fifty-seventh street, A. u. Tappen,
owner. In the plans submitted there were 10 be two
party walls each to he sixteen inches thick. Those
plans were examined and approved as being In ac-
cordance with the requirements OF law.
Mr. f. George Dollinger, the builder. called
upon me and wanted TO modify and after
walls from The second story up twelve inches in
thickness instead OF sixteen declined to grant
qured ali party walls 70 be sixteen inches in thick
ness. Judge Jappen called soon thereafter on Jhe
same business P ana n 10 % WHY % cond coma no o
JON IN petition 10 The Court Tor modification as
proposed. Mr. Dolnger Then called IN lew days
and showed what he claimed TO be an order
from Judge Sutherland, authorizing me TO issue a
ceruncate permitting twelvench walls to be
erected. No order was left with me or served upon
ne. Even had been served with such an order IT
co1.d only have oeen one authorizing me TO
issue the certificate ana not compelling
sure, WILL ADMIT OF no other construction
elner In letter or spirit. However, no certificate
was issuei as the law required and as hr. Doinger
Commenced TO bud the walls twelve inches, IN vio-
Iauoa Of Law, ! a. once commenced proceed
granted and served. The one on Mir. Dollnger was
afterNard continued, and the one on Judge Tappen
ASIDE, and further order was issued prohibiting
me from prosecuting Judge Tappen, his builder or
workmen IN any manner To-day have teen served
with anothe. order directing me 10 issue certif-
cate 10 JuGge IappeD forthwith, permitting him 10
erect tue walls twelve inches instead OF sixteen,
} which have done, though protest against II AZ
| unwar 2uted by law
| by the law OF 1871 the thickness OF all walls were
! increased. This met the approval OF the Board OF
Fire Underwriters and all first class architects and
builders, and was justified by the recent accidents
| happening IN our city, Where buildings were
already commenced previous TO the passage OF the
law OF 1871, ana not yet completed, and wnere con-
tracts were made PRIOR thereto, Issued certi1cates
by order Of The s,' Court permitting ,r1ih the
' mgs Under the % old law There was ''in no
| such excuse IN the case Of Judge Tappen.
His buildings were not commenced previous u tue
passage OF the law Of 1sll, nor was 1t ever claimed
That Mr. Doinper had made any contract Tor the
WORK prior 10 That time. AS had compelled others
TO build ther walls IN accordance win The laws OF
1877 could not consistently make an exception of
| mept and history OF the case.
| III regard 10 the Mr.. Murray mentioned in theafi-
davit OF Mr.. sexton, have only TO say that 90
| my knowledge; have ID connection or relations
| with him OF any Kind manner or description what
ever. made no charge for the Issuance OF any GER
| has been induced to TANK so he mas been mised.
| Whatever money he has paid Mr.. Murray must have
been Tor professional services, OF which ] Know
my house several occasions since the occurrence
referred to, and has made no mention oi 1t 10 me.
| AS 10 myself, am not TO be driven from Iaithiul
and Just discharge OF my special duties as Superln.
tendent Of Buildings by any insinuatlons or threats.
| ii T am gully OF any act unbecoming an oi'lccr OF
the city government there Is tribunal before which
| can be gpee LILY brought for triaL j am prepared
! TO meet oIIy Qkarges al once and without delay.
! challenge the most thorough iDvestiaauon.
} JAMES NJ. MACGhEGOk, supt oi Buildings