New-York tribune., 1902-01-29
CITY NOT RESPONSIBLE.
Continued from first page.

tnere one IOr edCn Section!
There may be one or two on a section where
there is rock
DO these inspectors make a regular daily
trip"
Yes. they have a man who goes over the en-
tire work. and he was at Mr. shaler's section
not later than Saturday night. and found thirty
pounds there
Was it cold enough at any time yesterday to
freeze dynamite?"
Il do not know what the temperature was
yesterday morning. but I do not think it was
cold enough to freeze dynamite"
Can you tell exactly what the cause Of
the explosion"
NO, do not believe any one can"
Mr.. Mcdonald was told that Mr.. Parsons had
said that dynamite would not explode by burn
ing.
CAN BURN DYNAMITE.
You can burn dynamite just like you can
burn sawdust; the experts will tell you that, ="
said Mr.. Mcdonald.
What composition is it that you use?" he
was asked
About 40 per cent
Who viii have TO pay for this explosion: the
city, the sub-contractor, or who?"
Il think you might count the city out OF H.
"Oh account of its bond?"
We'll these are legal matters, and L do not
wish TO discuss them. The city, however. is in
demnified by the contractor"
will you tell whether you have an arrange
ment through a surety company TO protect al
the sub-contrsctors in cases of explosions OF
this kind?"
NO. there is no such arrangement"
viii you tell what happened at the meet
tng in Mr.. Belmont's office today?
There is reason why L should not, but 1
would prefer not to-"
IF there were only one-ffth of the amount Of
dynamite you have mentioned as being taken
10 Mr.. Shaler. do you think it possible that the
one-ffth would cause all the damage that was
done?"
Yes: one box. thirty pounds, would do It"
DO you wish to say anything more about
who is TO pay for this?"
That will settle itself. l do not think the
question comes in at all"
"A friend of yours said to-day that no one
need be at all alarmed TO who would pay, be-
cause it would all be settled by you or your rep
reseutatives out Of court"
Whoever made that statement made it with
out my authority.
In closing Mr. Mcdonald said: Men who
undertake great works like this undertake great
responsibility and their efforts entite them TO
fair criticism by the press and the public. This
matter is bad enough. For heavens sake do
not exaggerate it,"
Mr.. BELMONTS OPINION.
Mr.. Belmont said that he believed an investi-
cation would show that the sub-contraetor had
used due caution, and had complied with the
he added, one of those terrible things which
human agency could not guard against
Ex-Judge Rowland said that he had advised
Major Shaler not to talk about the explosion
until the real cause of it could be ascertained.
The dynamite taken to the shanty in Park-ave.
had been used by the sub-contractors MEL all
the forenoon, Mr.. Rowland asserted, and the
amount must have been reduced one-half at
least
Mr. Shaler would not be liable to prosecution
for violating regulation against storing more
than sixty-two pounds of dynamite at one
place" Mr.. Howland said. The dynamite in
that shanty was not stored 1t delivered
there in the morning for through the day.
1t would be ridiculous TO say that contractor
such work Mr. Shaler's should not be al
lowed to have more than sixty pounds of dyna-
mite in one place to prosecute such work as he
has under way. He couldn't carry on his busi-
ness If he were restricted"
Mr.. McDonalds bond of 5000 600 given TO
The city, holds him construct and equip the
subway in compliance with the terms of the
contract. One provision in the contract is the
following:
No larger quantity OF explosives shall be kept
on the line of the work than will be actually
required for the twelve hours of work next en-
suing and such supplies shall be divided as
far possible, and kept under lock- the key
10 which being only in the hands of the fore
amount of explosives kept in any one place shall
not exceed the limit permitted by the city.
as may be determined by the board. Caps and
eXploderS shall not be kept in the same place
with dynamite and other explosives. During
freezing weather. special precautions shall be
taken TO the care and manipulation of dyna-
mite.
1t was generally agreed that the city was pro-
tected against damages by explosions along the
line of the subway by the bond Of the con-
tractor. and the express provisions for caution
tn handling dynamite. Julius Lehman said
that the Court OF Appeals recently held that a
person asking damages because of injury re-
ceived by explosion did not need to prove
carelessness by the contractor. The decision
he said, was given in the case Of a young
woman who walking along the highway at
1rvington-on-the-H Hudson and was killed bv the
falling of part of a tree hurled over four hum
dred beet by blast of dynamite which had
been placed under the tree Her heirs brought
suit against the contractor, Mr.. Lehman said
and recovered judgment the ground of tres
pass" it being the theory that person has a
right TO walk along a highway without being
moIested
PARTRIDGE MUM on THREE PLATOON.
tE5B is NOT READY TO GIVE AN OPINION
ON 1T YET
Police Commissioner Partridge yesterday declined
TO express any opinion the three platoon sys-
tenn, even with figures before him that showed the
difficulty in getting men from the reserves OF all
the precincts In Manhattan and The Bronx IN hold
IN check the crowd about the Murray Hill Hotel on
Monday Senior Inspector Cortright had made a
report showing that only 2S5 men could be mustered
after two hours time by ordering out all the re-
aa