New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-06-17
SUMMON.S FOR MANHATTAN.
OFFICIAL RESPONSIBLE FOR SOFT COAL
ORDER WILL RESPOND FOR
COMPANY.

Health Commissioner Lederle yesterday went
to consult with District Attorney Jerome about
the black smoke nuisance created by burning
soft coal on the locomotives of the elevated
roads Mr. Jerome sent his assistant, Mr.. Train,
with DR. Lederle to ask Justice Mayer, in the
Court of Special Sessions. to issue a warrant Tor
the arrest of an official of the Manhattan Rail-
way Company. DR.. Lederle was ready to make
a complaint. Justice Mayer asked for time 70
| look up the law the subject, and after de-
lay Of a few hours decided that he would not
issue a warrant.
Meanwhile Mr. Jerome. Dr. Ledere and Assis-
tant Corporation Counsel STEELE had talked over
the case and they decided TO apply for a sum
mons. At go p. m. they went before Magis-
trate Zeller, in the Centre-st. court, where Mr..
Jerome. in applying for the summons said;
Your honor, Health Commissioner Lederle has
made an affidavit information and bellet
against the Manhattan Elevated Ralroao on,
pany. He charges 1t with maintaining d pupliC
nuisance. annoying a large number OF people
and endangering their lives Your honor may
remember the difference in proceeding against
corporation and in proceeding against an IN
dividual. In proceeding against a corporation
the summons must be issued on an affidavit on
information and belief. II is charged that GER
tain locomotives are burning soft coal N viola
ton of Section 675. subdivision l, of the SAM
tary Code. AS q summons against a corpora
| ton is not returnabe until ten days after its
issuance. I ask that It be made returnaoie on
June rs at q M
Magistrate Zeller granted the summons. and
made 1t returnable as asked by the District At
tornev Mr. Jerome. accompanied by Commits
sioner Lederle. Mr.. Train and Assistant Corpo-
ration Counsel STEELE then went to the District
Attornev's office where Mr. jerome said that
he would not bring the affair 10 the attention
of the grand jury until after the magistrate had
disposed Of the case. He said he had applied
for the summons in the corporate name OF the
company. and that the man who was response
bic for the issuance of the order to burn soft
coal would respond for the company.
The summons served in the afternoon
upon sylvester D. Smith, assistant general nan
aver of the Manhattan Railway Company, in
his office at No 195 Broadway. Captain Arthur
F Cosby the Assistant Corporation Counsel IN
charge of the Bureau for the Recovery 81 Pen
alties said later:
Under the code Of Criminal Procedure the only
way to bring an action is by a summons. ana
have il returnable. hearing will then be helu'
and from the testimony at the nearing future
action will be decided. Austen q. Fox VIII ne
the counsel for the defendant. Mr.. Smith, IN The
action and probably Will be the counsel Tor the
prosecution | probably VIII have help from the
Corporation Counseis ONCE
Captain Cosby and DR.. Lederle said yesterday
that they had been told by representatives OF
the Manhattan Railway Company that the com
pany had only one thousand tons OF halu Coal'
about one days supply. and could get no more.
II was said that the company preferred 10 use
hard coal that the locomotives were constructed
TO use hard coal of a certain size, that some
of the furnaces of the locomotives were oenl8
burned out by the of soft coal, that DOCK
AIDES were being caused on the lines because o.
failure Of locomotives to make complete runs
with supplies of the soft coal ana that the ioco
motives could not use buckwheat and pea coal
the only kind of hard coal that couId De op-
tanned by the company at any price. DR.. Led
erie said he had heard that the company sup
NV Of soft coal was so short that the company
To GTO
Sixth-ave. and Ninth-ave. lines "lthln IouI
days. 49,.
Assistant Corporation Counsel St lie said that
the company was going to admit thaI II used
soft coal but was also going to take the staiid
that 1t had to burn SOFT coaI a!ohs Win ny b
anthracite or shut down he 1urIher saIu NC
expert witnesses would be examined In the case
For some time eight or ten inspectors nad uoie
nothing else but ride on the elevated trains 10
procure evidence, some of them riding on the
engines There would be difficulty in proving
that soft coal burned District Attorney
Jerome also made a statement yesterday on the
question in which he said
The effect Of the burning of soft coal Tor the
/ locomotives Of the Manhattan Elevated is worse
than burning it in the factories. as the smoke
rolls lower down than 1t does from the factory
chImneys. II circUlates on the street level Where
/ people breathe il. II may be said by the rep
resentatives Of the elevated railroads that they
! cannot get the anthracite and that they must
burn soft coal or shut down. The public in such
case might choose whether they would walk
or put up with the soft coal nuisance CommlS-
sfoner Iederle of the Board of Health, feels that
this is a matter for the courts to decide. If
il is true that the company cannot get anthra-
cite il might the public interests best for
il 10 burn soft coal; but the courts will require
TO have il shown beyond a doubt that anthra-
cite could not be procured"
The Manhattan Railway Company has ad-
vertised for $4,000 tons of hard coal There
was report yesterday that a supply Of hard
/ coal which the company ordered weeks ago,
/ amounting to thousands of tons, had he"n
held back by the railroad companies in New
l Jersey on the Thirty fourth-st. and Forty
/ second spurs of the Third-ave. line. and for
the shuttle trains running between Fiftieth and
! Fifty-eighth SITS, in Sixth-ave, the locomotives
have been using hard coal These locomotives
are kept standing at stations part Of the time
/ The Polytechnic Hospital is in Thirty-fourth-st.
and the Hospital for Ruptured and Crippled ls
| in Forty-second-st. DR. Lederle said yesterday
that consideration for the hospitals had been
shown by the company in burning hard coal on
/ the spurs.
Along the elevated lines on the West Side yes
terdav the smudge made by the locomotives
was worse than it ever had been apparently, and
the smoke nuisance was increased in the dis
trjct west Of Central Park by the use OF soft
coal at many apartment houses, where supplies
Of hard coal had out. The smoke In the dis
trict looked as if a great fire was in progress
! there.
SOFT COAL RISES AGAIN.
TT JG DITF- TO ADV