New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-06-08
SAY +" L" IS IN DANGER.
Contractor Sent by Court to Jerome
TO See Delany Neat.

MAGISTRATE Ornmen yesterday issued a summons
against Patrick Gallagher. contractor VINO IS
building a public comfort station for the city III
Chatham Square. The summons was issued at the
instance of the police of the Oak-st station VINO
aI1ege that Gallagher undermining pillar or the
elevated railroad and making 1t dangerous 10 tral
fc It was declared that Gallagher had asked per-
mission shore up the track with strong tirnoers
but that the request had been refused. TO rum
his agreement with the city he was going on with
the work The pillar supports q weight. IL is de-
cared. of 100000 pounds
In court Gallagher explained that the INTERIOR
o,igL company some months ago obtained an in
junction against him which dismissed by the
Supreme Court, and that. when he attempted TO
shore up the elevated structure. men employed by
the marlborough interfered with the work by
throwing down the ladders and attacking his work
men, declaring they were trespassers Counsel for
the elevated road contended that Gallagher was
guilty of criminal intent TO damage the railroad.
and that the PETERBOROUGH company possessed
property rights at Chatham Square which Gala
CHER had right to interfere with.
You have simply easement OF a franchise
and the Supreme Court has held that Gallagher Is
clearly within his rights in the construction of the
public comfort station for the city, said Magis-
trate Ommen.
when the elevated railroad secured the fran
chise there was no such thing the building of
public comfort stations under the streets of the
city, retorted counsel.
mo subways, either tartly replied the court
and are here to-day. Why don't you allow Gala
CHER TO shore up the structure. and then there
would be further trouble?"
1T is just this said counsel: I'VE want Gala
CHER to pay for snoring up the structure We
can do the work safer and cheaper than he can
But Gallagher says he IS willing to take all
reasonable measures to protect the overhead COM
pany. and why should you want him to make a
deal with the railroad company work which he
is willing TO do himsef2' asked the court.
do fer nd ho
and would be better satisfied that way
And that is why you this public work
stopped2 I will not grant such order. because
Gallagher is clearly within his rights and il the
railroad company Will not permit him TO SHORE up
the structure, then 1t must be responsible for any
damage that occurs
But If in doing so Gallagher makes the struct-
ure dangerous to tho travelling public what shall
dor asked Roundsman Mccarthy. who obtained
the summons.
The police have no business 10 enter into this
controversy side the other. Their duty
is simply to preserve the peace and protect travel
lers from danger said Magistrate Ommen.
we will not permit Gallagher or his men to
respaSs on our property and shan resist tneIn In
every lawful way exclaimed counsel for the ele-
waited road.
IF there is any violence" said the court. lit is
the duty of the police to bring the offender before
me- hut they have no right to interfere with men
working within their rights under the law"
After the police court proceedings Roundsman
Mccarthy took all concerned before District At
torney Jerome He told them to go to the Cor
poration Counsel and then the next step would be
I did advise the police however, said the
District Attorney. that IL any person did any
pillars Of the L road to arrest him. and then
go 10 the Corporation Counsel or the Supreme
Court
Gallagher says that he IS under a penalty OF $50
a day the city. and the work is back two
months. Later he declared he would suspend opera
tons until he could appeal to the Corporation