New-York tribune., 1903-04-30
SHEPARD PRODS BARNEY.
CHARGES Il HOLDUP.
.Saus He Wants Pay and Damages
for Tunnel W0rk.

E,au-a-s n Shepard counsel to the hapio
Transit Commission. in a tilt yesterday ai'ei
noon at the Cigy Hall with Arthur H. has'e-
counsel for Charles T. Barney, VINO "ai'S u"'A'
ages from the city because OF the caNlIs iA VI
Pa-k-ave. and the consequent partial destruc-
ton Of his property. charged tha' MI Da' -
was trying to hold up the city while at ihe
.--s .;-na as q stockholder of the Rapid Tran
SIT Subway Construction Company. he ana ms
associates had received 100000 for the tunhei
work along Park-ave.
Isn't Il q fact, Mr. Masten.' said Mr. Snep-
srd. with considerable warmth. that your oi-
,,nt is Charles T. Barney: that MI Barney Is
member of the executive committee Oh 'he
Rapid Transit Construction Company ana oha'
.he CITY has paid over large sums TO TINS COM
pany?"
That doesn't make any difference. retor'eo
Nv A,ss,en seThe fact that Mr.. Barney holds
some stock IN the subway construction CONF
pany- has no more bearing than If he had MS
leg run over by a railroad and sued the COM
pany for specific damages.
.srhA executive committee Of the construction
company, of which Mr.. Barney is member,
continued Nj Shepard. has absolute charge Of
the tunnel building. II Mr.. Barney and his
associates had not wanted the tunnel where 1t
is under Park-ave. they should not have built
81 there The city has paid Mr. Barneys com
many more than 100000 for building the tun-
mel where II is. If any one is responsible Mr..
Barney is. and now he comes here and tries to
hold up the city"
This debate took place before the aldermanic
Committee on Railroads. which yesterday after
noon gave hearing an application made to
tie Board of Aldermen on April 21 to have
validated the route of the easterly section of
the tunnel from Thirty-fourth to Forty-second
ST. which was changed without due process of
law.
President Orr Of the Rapid Transit Commits
SION and Edward N Shepard and Albert B.
Roardman. its counsel were present, were
also a number Of property owners who suffered
from the explosion in Park-ave.
The original plans for the tunnel provided that
the tunnel should run close to the middle Of the
street. The plans were subsequently changed
so that the tunnel extended eastward almost
thirty feet. bringing it almost to the founda-
tions Of the houses on the east side of the ave-
When the big explosion came many tf
these houses suffered, and subsequently many
houses between Thirty-fourth and Forty-second
stS. were wrecked. the foundations collapsing.
Lawsuits followed.
The Rapid Transit Commission now seeks 70
get the aldermen to make the change of route
valid
Nelson T Spencer declared that his clients
were opposed 10 the application only until such
time they could learn definitely who was re-
sponsible for the explosion and the collapse OF
houses.
Alderman DouIl spoke in favor of the applica-
ton He said IL would be necessary to fill in
a big part of the tunnel were the application
refused, and there would be delay of two years
;n the rapid transit project
Mr.. Shepard said: You can't take away any
Of the rights of the injured property owners by
giving your consent TO this application; their
case VIII be good after before. and II
would be wrong to stop this great work until
the legality Of their claims is passed upon
Even the three learned justices who held this
route is Illegal said it would not be just Oh
TAR TO interfere with its final construction.
Afr Shepard declared that John B. Mcdonald
the contractor. had bought the houses of many
people at greatly advanced prices, and that ht
would have bought other houses but for the
unrea soma bic advances demanded.
Mr.. Boardman said that If there was any de
Law in the completion Of the tunnel John 3
Mcdonald would sue the city for damages sus
tanned by him