New-York tribune., 1902-06-12
RIVES TO PASS ON DECISION
srTR-coNTRACTORS WILL FIGHT TO
STAY IN UNION SQUARE-MAN1
SUITS EXPECTED.

George Livingston Commissioner OF Puphc
Works. yesterday asked Corporation Couhsei
Rives for explicit instructions with reference 10
his powers under the decision Of the court OF
Appeals handed down on Tuesday, holdlhg lhdt
the Rapid Transit Subway Construction Com
pany must not obstruct the streets Win 'oo.-
houses sheds or other buildings or materials
not directly needed in the work of excavation
Mr.. Livingston said last night:
We have a list Of all the tooihouses sheds,
mower nIa.tS and other structures belonging 10 e
slib-contraeIors Of the subway system II the cor
decision sanctions the removal OF 1hese s'i t >
other hand would not he Justified IN hainpsiL- i
Ing the company n1arsted IN rs IN having the rapid
transit tunnel completed at the earliest possniLe pi
81 would only proong the embarrassment now ex-
listing We are in possession 9L ne I t he assured
of the power TO act. ~
The decision seems rather broad. II would seem
TO a lay1nan like myself that the court holds that
ft must be established in each parucuiar ease s aIt
the company is occupying an nnneceSsaqiiS iatEe rs
OF space with its equipment before dne ety
or the Everett House in which the decision was
rendered Tuesday the subway contractor is oG-
lows the sub[contractors great scope. and it is
doubtful if we can budge them unless we b are II II; Il
MIR Rives instructs with regard to my Jurlsdic-
When Corporation Counsel Rives was asked
about instructing Commissioner Livingston he
seid:
II have not had time to read the decision in
full. and can give no opinion on it at present.
wisner Martin, Superintendent of Subsurface
structures under Borough President Cantor,
said:
The Everett House case seems to indicate that
,rerhans the Interests of the people would have been
snefucn snssr o nis o NOS Under he direction Of the
"a sFa %hf5S II si sNsaass s z9s fy RasaR Rs.c COM Sa
pany works is in tie s9 OF contract 1f+tIa MIN
opportunity for the railroad eerrpaIry 10 overreaGh
It's privileges. Only such eonstruetion matenals mat
hgs sE the hse oIfy hIses fas FaIEsd ana 5hsss
1 r @ x e ge sss to aRS Keep fhe
ways free and upsnsuuhOered and swept clean OF
ihsr Gr Gbe roadw a5 j Sidewalks OF highways
be placed on suitable planks TO protect the pave
smares ens5 snd arsin is from cresss handng
and concrete must be mixed % ent 9n pe5 and unob
fstructed proper drainage No TnatsFaiS T the
line but they may be piled in the roadWay Od OF
intersecting highways EACH side for aistaFoe @ nee
q total length of two hundred feet
The decision from the Court OF Appeals, which
eeeflls to indicate that the subway suo-contrac-
tors viii be somewhat restricted in their opera
tions hereafter. was the result OF an action
brought by Benjamin l. Bates. proprietor OF
the Everett House, at Fourth-ave ana seven
4eenth-st Early in the subway work holprooh'
Cahof & Dalv one of the sub-contractlng nrrls,
erected under a permit from the Park Depart
nent a large compressed air plant IN front OF
,be Everett House. Then they made a large
DaT4 of Union Square a dumping ground for
materials of all descriptions Mr.. Bates 1ouShI
the case all the way from the lower 10 the
highest State court. and on IueSGaE 'heIe W. W.
banded down a decision that the company was
engaged in carrying out private contract ana
that it could not obstruct public streets Win
materials or structures that were not directly
See6ed in the work Of excavation.
At the office of Holbrook, Cabot d Daly II
l,.7 TSiN
.nd would resist to the umost any attempt 10
oust IL from Union Square a representative
Of the firm said that il was in a position 10
demonstrate that all its equipment at Union
Square was absolutely necessary for the prose-
cution of sts work.
1t is expected that scores OF suits Tor damages
will be brought against the sub-Contractors as
a result of tho decision in the Everett house
case.