New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-09
MR. M,KAY HAS A GRIEVANCE.
HE ASKS THE STATE DEPARTMENT ~
PROTECT HIS INTERESTS

pp1DcE IN SAN DOMINGO BUILT UNDER CON-
TRACT WITH THE CITY. DECLARED BY
THE SUPREME COURT TO BE AN
ILLEGAL STRUCTURE
Washington, June (SpeciaD-Ihere nap 'e.N go
before the State Department a case which s'e''s "
call for d protest from Secretary olhey " 'iie wv
eminent OF San Domingo. The case 10 '"A ~
Nathaniel Mckay. Mr. McKay's counsel has iaid
before Secretary 0ney certain afidavits anu o'"er
papers golng TO show that San Domngos purpose
&c to d,snossess the American Of his legally acquired
property rights on the island. The case Is now De-
fore Secretary Olney, who Is expected snoruy "
take action.
Mr. Mckay as attorney for Henry W. IhurS'o''
OF Newark y. j.. he's had charge OK tho IRON of'1e
across the river Ozama at San Domingo CRY. o"neu
nv Thu-ston This bridge according TO Mr.. NC
Kay's affidavit was constructed IN accordance Win
plans and specifications prescribed Dy the ~ c''
miento ,City CounciD OF the city on san Do"'-"e''
under a concession from that body; ana was ~
cepted I'm the month Of February, 1884, as CONFORM"
inC in every respect 10 the requirements OF the sac
City Council. No objection thereafter was 'haue "
the civil authorities to the location or plans Oh INC
bridge About o'clock in the morning OF septeh-
Der e. 1884, iron lighter heavily laaeh with "'e-
wood came down the river, borne by the current
and struck this bridge near the san Domingo Gnu
ard caused great damage TO the STRUCTURE INC
lighter had tied to buoy in ma stream """
by the negligence Of the employees or the owner Do
II f. alleged parted from her moorings. Thero was
no one on tho lighter at the time. Mr. Lyon the
agent OF Mr. Thurston. the Tuesday fohowihg
September 26 noted protest before the A"'e'oa"
Vice-Consul No reparation was onered Dy the La
France SUGAR Estate, owners Of the lighter. ana
suit to recover compensation. WAS brought IN ''ie
cour; Of frs; instance. which gave ludgrncr. OILY
upou the question OF the proper defendant 10 tIle
effect that the La France company had psen p!op-
erly sued On appeal by the La France conway
the court OF last resort, the supreme court uec'un
that neither the La France Estate nor ANYBODY eise
was resnonsible owing the conclusion reached Dy
that court that the bridge was an iiiesaI structure
and d.,recd that Judgment be entered against me
hrtlra ard its owners for the costs or the sut,
Amounting to s. Ss5 80 Mexican money Against ms
aftenp,ei connscaton OF the property OF citlzen
Of the United states Mr.. Lyon noted mis- protest on
January II. 1896 before the Consul or IN" oh''ed
States.
Mr. Mckay says there IS no further judicial pro-
ceadng known 10 him and. judicial refer beng ex-
hausted he appeals 70 protect MS properly from
unwurrsni.d destruction. He further says that on
D.c.,nhcr q 1896 a lighter belonging 70 the same
7 !, France Sugar Estate swung by the careless
ness o, lie owners against the bridge, and unless
the Government OF the United states. by Us re-
mons,rancN and i,s moral and material support pro-
,ecfs the Interests OF Mr.. Thurston he must aban-
don MS bridge He therefore 'pravs the secretary
=, sae 10 "a bic 70 IN. Consul Of the United Sta 'es
~ profes in me name Of ih9 United States against
an, ale being m ade OF the said bridge under SAID
fecl9n and 20 Instruct him 10 report In fun 10 the
Dcnartrnent Of state all the circumstances attend
ami upon this unWarranted appropriation 10 the
public use Of the property ~ Henry ". Thurston."