New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-06-19
SUBWAY DAMAGES.

The letter of President Orr Of the Rapid
Transit Commission TO Mr.. Wilhelmus Myn-
derse concerning damages 10 property in Jorale-
mon-st. disaYows all responsibility on the part
Of the city or the commission to pay for the
injury TO houses caused by the tunnelling. The
commission, however cannot divest their con-
tractor of responsibility in money damages nor
escape their own obligation to hold the con-
tractor to his duty Property owners must ex-
pect inconvenience from the construction of a
great public work. They must bear with such
patience as they can command the discomfort
and even the great money loss entailed by the
cutting off Of convenient access to their houses
and places Of business. But nobody can pull
their buildings down about their heads with
out liability TO pay damages. Mr.. Mynderse
and his neighbors naturally turn TO the Rapid
Transit Commission, under whom the work
from which they suffer is being done. They
have n right TO look in that direction for pro-
lection and the most active measures TO prevent
further careless damage, if not for compensa-
ton. They may have 10 sue the contractor In
the courts for their money, but they may Mt
tingly make protest to the commission and de-
mand that the commission supervise the con-
tractors better than they have been doing.
The report of Mr.. Rice, the acting chief en-
gineer on the work in Joralemon-st. is more
OF an indictment of the commission than of the
contractor. He says:
The contractor has not been particular in
keeping the street in as good order as he might
have been and has obtained the i'll will OF many
property owners on that account The division
superintendent in charge OF the work Tor me
commission has endeavored TO keep the con-
tractor up TO his work. but II is only by persist
ent requests that the streets are kept in any
thing like a presentable condition.
Why has not the contractor been made 10 be
particular? Is this work being done under the
supervision and control of the commission, or Is
the contractor turned loose and allowed TO
work his viii in the streets In utter irresponsl-
bility7 If the contractor was not particular
about keeping the street in order II he did not
do the utmost in his power TO guard against
loss and Inconvenience TO property owners, it
was the business OF the commission tn disci-
pine him on the slightest failure. The measure
of the duty of the commission and the cOntrac-
tor was nothing less than the taking of the
utmost pains which the nature Of the work and
the science OF tunnel construction made posi-
bic 10 safeguard the interests of the citizens.
By the confession of the engineer. they have
fallen far short OF that duty. Just as they
permitted unnecessary delay and obstruction in
Forty second-st. until forced to act by The Trb-
une's campaign, so they have been content t.
let the Joralemon-st. contractor not be parucu-
lar to keep the street in good order. Where
they have been obliged by an aroused public
opinion 10 be particular they have kept things
In good order as IN lower Broadway, but else
where the contractor seems TO have been al
lowed to disregard the rights of citizens 10 the
extreme limit OF what the citizens would en-
dure.