New-York tribune., 1906-09-11
ANOTHER HEARST ISSUE
FIREWORKS DAMAGE SUIT.
Independence Candidate, as GOuer-
nor, May Dodge So 900, 900 Case.

An important phase Of the campaign. involv-
ing S3OOOOco in damage suits account OF
the Hearst fireworks on Election night in Madi-
son Square Park four years ago. came to the
surface yesterday Just after Corporation Coun-
SCI Delany called on Mayor Mcclellan. II is
understood that Mr.. Delany called the Mayors
attention 10 the matter
Counsel for William r. Hearst will file to-day
with the law department exceptions 70 certain
findings presented in the action being defended
by the city on account OF the killing of fifteen
persons and the injury TO seventy others on
Election night in 1902. when the fireworks ex-
ploded at Madison Square.
The Corporation Counsel has framed his de-
fence in behalf OF the city in such a way as 10
put the entire responsibility for the damages
caused by the explosion upon William r. Hearst
or, perhaps more properly speaking. The New
York American"
control of the law department in the next
three years will determine whether Mr. Hearst
is TO be a cO-defendant with the city I'm the
eighty-five damage suits which have been be-
gun Corporation Counsel friendly 10 Mr.
Hearst unquestionably could load the entire
damage verdict on the city and do IL in a de-
fensiole way. A Corporation Counsel hostile 10
Mr. Hearst might so fight the case as to make
Mr. Hearst foot the damage bill.
In view Of the unusual possibiIfti. ou+Itnea
'he reported programme Of the Hearst men Is "
vital interest. II Mr.. Hearst is elected Cow
erncr there Is not the slightest doubt IN the
minds OF nCse close % him that he will rer,ove
Mayor Mcclellan from office. In that case pat
TICK r McGowan would become Mayor Every
Mayor chooses Corporation Counsel that meas
ureS up 70 his IDEAL Mr.. Low chose George l.
Rives Mr.. Mcclellan chose John J. Delanv
Mr. Delany is the personal friend Of the Mayor
political of rI,a
When Mcclellan retires Delany will retire Mr.
McGowan would have new Corporation Coun-
sell He would be a Tammany organization
man. and Mr. Hearst would dominate Tammany
Hall
The first damage action on account Of the fire.
works explosion was brought while Mr. Rives
was Corporation Counsel The lower court and
the pf ellats Division ruled i'm favor Of the city
but the Court of Appeals held that as the Board
or Aldermen had passed a resolution suspendlng
the ordinances prohibiting fireworks In the
ing the disaster
The city compelled Mr.. Hearst to appear as a
co-defendant in all the damage actions brought.
Other suits followed the first one. until eighty
hve actions were begun. The three trial term
courts were at once flooded with the damage
actions, and the courts suggested an agreement
between the ltigants and the city whereby
single action, representative OF all, should be
carried 10 the Court of Appeals This has been
assented to. But the Corpora ton COunsers Of
fee. following its FIRST defeat. changed tactics.
In the test case which Is to control all. the city
now raises the contention that IL not liable
because the fireworks programme the night
OF the disaster was not a part OF political
demOnstra tiOn. but was, a matter Of Fact and
law, an advertising effort in aid OF private
enterprise The New York American and that
the Board Of Aldermen has no right TO suspend
city ordinances I'm fuTtheranCe of such adver-
tsing efforts
The shift made by the Corporation Counsel is
a disappointment 10 the counsel for Mr.. Hearst.
Mr. Hearst did not consider himself liable at all
for the accident. He merely hired the fireworks
men produce certain fireworks. The explO-
sion and it's consequent damages we're as much
depOred by Mr.. Hearst as by any one Under
the decision in the first case, the city was re-
spOnsible and liable. The ctty's law department
will endeavor 20 prove next month. when the
test comes up for argument, that Mr.
Hearst was responsible for everything.
There Is doubt that these damage actions
Will be dragged into the campaign as an issue.
The Mcclellan men say that IL Hearst IS elected
Governor and Mcclellan and Delany go, Hearst
will name the new Corporation Counsel and the
citv and not Governor Hearst. will pay the
So O10000 damage veTdicts-