The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-12
THE EXPLODED MAGAZINE.
SUITS TO m BROUGHT AGAINST THE JERSEY
CITY MISUNDERSTANDING AGAINST


SUITS TO m BROUGHT AGAINST THE JERSEY
ANOTHER DISASTER.
The Jersey City authorities are not likely to have
much peace from the dynamite agitation for long
time Complaints were pouring in yesterday and the
previous day in regard to the storage OF tho
rendrock powder required for tho tunnel,
now that there Is magazine All sorts
Of Wild rumors wore anoat, and they found
ready believers II was stated on Wednesday that q
large quantity as 400 pounds was stored near tho
mouth OF the tunnel at West End The brckiayers ana
aborcrs thereupon refused 70 continue At work
and informed contractor McAndrew that they would
under circumstances tolerate large supply OF the
dreaded compound In their midst Mr.. NcAndrew in-
formed them that he would not maintain any powder
in storage but would have such quantities only M
would be required for immediate use brought from
time time the tunnel This satisfied tho men
and they returned to work yef-srday There are now
16s men at work in the tunnel and Suporinten dent
Oakley states that the powder required for use o. ca
day VIII DO Kept IN the tool boxes ana Waterman will
Engineer Farer proceeded 70 the west end Of the
mel yesterday and had long conference with Mr..
Meanwhile tho agitation among the property owners
who suffered injury has assumed practical tur4
i Hoppenhen,cr. and the following preamble and
resolutions were Adopted
Whereas the city, through ts properly c0nstIsutsd
wanna Western Railroad Companys tunnel priv.
legc maintain in our midst magazine containing
tain explosive Materials against the repeated
responsiveness Of certain citizens; and
or design night satardsy the 9Th inst ssans
great loss ana damage 70 large number Of our
Resolved That i the opinion and feeling this meet
s h AND 70
hold them for
The Ga. Losses ,s.g % Us
n their o ,s Ds the View
ask Tor redress.
Messrs. +. Hoppenhcimer, A. CoIlerd and +. Hamb-
len were appointed the committee, after which the
meeting adjourned to again next Tuesday A.
an indication that the owners Of damaged property
IN earnest and intend to obtain redress neces
sary to state that an organization effected Mr.
Hoppenhcimer as presdeut Mr. Cumberson, secretary,
and Mr. Steele, treasurer. Another class of persons
who have sustained losses that the Delaware
Lackawanaa aud Western Railroad Company is re-.
suits for damages against the company. There IL q
great conflict oil opinion In regard 10 tho question Of
been their Wits ends since Sunday. The following
cases have some bearing on the question:
In the OF John Strader vs. The Board OF Chosen
Court September Term, 1910, II held that "Whcrc
a corporate body. whether OF municipal private
character owes specific duty an individual an &C.
ton will lie for breach neglect of their duty when.
such breach neglect has accustomed an injury
to that individual but il such corporation owe duty
to the public neglect to perform IT, although every
individual composing that public is injured some
some less yet they can have no private remedy
Chef Justice Hornbower In this case said :-ssIt is
the duty OF tho Board Of Frcchodcrs keep
IN repair court houses and jais neglect to do SO
may great Inconvenience, perhaps positive
loss and injury TO some individual whose business
duty requires his attendance at court The buildings
being old and out Of repair may give way and break
mans limbs or occasion him an injury in other
way; but no one will pretend that IN
tion would lie by the person injured against the county
Again. II individual puts obstruction erccts
nuisance in the highway person injured by it cannot
sue officers of the township. They may be indicted
for suffering the obstruction or nuisance to remain but
the injured party must look to the erecting the
nuisance for his private remedy"
In the court, al the February term, 1868, the
above decision was approved in The case Of Pray
the Mayor and Aldermen Of Jersey City, In delivering
II as his opinion that public body was not amenaDle
cviliter, in consequence Of neglect OF duty, Chief
Justice Beaslcy stated It as acknowledged and esa6
public the discharge Of their legitimate functions
cannot constitute the basis oil action In behalf Of
an individual who has sustained q particular damage
Such negects public offences must be remeded
In the testimony OF Mr. sarncy, the expert who testi
fed before the Fire Commissioners, published IN
yesterdays HERALD, il was set forth that he
stated that tho explosion was not caused by
giant powder, ana the statement seemed incon.
sistcnt with another past of his testimony. The
explosion caused bv rendrock, which 10 tho
new name applied to giant powder No Either name
suited from giant powder. 1t is held by Mr.. Me-
Andrew that it simple matter for designing
anu uaiiCous W OpcH tuc iIou uooI VI uik
small hole through the brlckwork OF the building and
insert cartridge with percussion cap attached and
length Of fuse sufficient burn for severe minutes
that he could make his escape Tho fact that several
OF the strikers lettering arornd the magazine
during, the evening and that three pistol shots
fired by three OF these men about fifteen minutes be-
fore the explosion he considered strong circumsantial
evidence that the explosion was planned and carried
out by these He saw the three assembled the
hundred steps, just before the shots fired and
ho considers that these shots were the signal 70 the
whole band OF strikers In the vicinity that the fuse had
been fired and they should seek safety in flight This
statement is corroborated by that of Stanton. the
Waterman. Byrnes who had charge OF the powder
previous his being discharged and who refusea ia
appear testify before the Fire Commissioners,
the city yesterday, and measures have been
taken compel his attendance at the investigation sha
evening