The evening times., 1898-07-28
BALKED By 4 CUBAN.
E.-Gev. Morts.'s .s.'ls,.s Checked
by q ClgaP STAND.

" - NH8}Ah buonUs
New York. July 2s.-Goy. Norton is hav-
ing his share OF trouble with a Cuban en-
emy. and can symuahize With Spain. Ra-
fael E. Boitel li2hs name Of the insur-
gent tenant. ssAitbhpsh sMnss Boitel has
been one of the most inconsequential Of
the Morton tenants. occupying but Tx
| 10 feet Of the estate, his refusal to take
down his fixtures and remove his stock
of cigars to other quarters has become a
serious matter for the ex-governor. as i,
| may interfere to; q considerable extent
with his cherished plan of erecting a
twenty-story Building upon the site of
| which this little hole in the wall is a part.
For several years ex-Gov- Morton has
been considering the advisability of erect
ing large office building on his Nassau
| Street property, and when the Nassau
Chambers was destroyed by fire, on the
night of February II, he saw an oppor-
tunity to carry this plan into effect. The
tenants of the building that had escaped
the flames werenotified of the governors S
intentions, and. as satisfactory arrange
ments were made with them they con-
senfed to vacate their stores and Offices
before August l. r.
In carrying out these plans, however.
Mr. Morton's agent evidently forgot the
little cubby hole ofia cigar store that Mr..
Bo-tel occupied At least. Mr.. Bottel in
slsts that he received no notification of
the intended destruction Of the building.
and as his lease gave him a legal right
to remain in posse ssion of his limited
quarters until August l. 1900 he paid no
attention TO the matter. Several weeks
ago Ex-Governor Morton filed the plans
and specifications Of mis- big building, but
Mr.. Boitel claims that 1t was not until
the work OF tearing down the ruins OF
the adjacent building had actually 6een
under way for some time that he re-
ceived his orders to vacate. Then he re-
fused 10 go. An effort was made to COM
promise matters with him. but he insist
ed that he had not been justly dealt
with, and. resting upon his lease, IN
which. under date Of August 1, 1897. Mr.
Morton had Placed the store at his dis
posai for term of three years. at an an
nual rental of $500. he refused to give
favorable consideration to any PROPOSE
tion OF removal
He had expended fully 81 600 In fitting
UP his store, he had established his trade,
which now brought him comfortable
income and there was no such desirable
location vacant in the neIghborhood, In
he could not move except at a considera-
BILE loss to himself
As the contract for the new building
definitely stipulated that one Of the main
columns OF the structure should stand
just where the door OF the little cigar
store is now located the builders were
puzzled how TO get round the obstruction.
Gov. Morton settled the matter by Civ
Ing Mr.. Boitel peremptory orders TO va
cate the property or stand the conse-
quences.
Mr.. Boitel then placed the matter in tho
hands of his attorney and yesterday aft
ernoon Justice Bischoff, OF the supreme
court. issued an order citing ex-Gov.
Morton TO appear in court at 10 O'Clock
on Monday morning to show cause why
the building operations should not cease,
complaint having been made that they
had become a nuisance and were in vio-
lation of Mr.. BoitePs rights as tenant.