New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-10
WILL FIGHT OPEN DITCH.
Merchants to Garry to Courts Pro
posed Plan for NezC Subway.

Broadway and Fifth avenue merchants yesterday
decided to fight in the courts the plan of the
Rapid Transit Commission to the open ditch
method of constructing the Lexington avenue
Broadway subway the contract for which is ready
TO be advertised
This probably means a long delay In the build
ing of the next subway The merchants seem TO
be in earnest in their remonstrance against the
old cut-and-cover method Of construction and
they able to employ high priced counsel there
is little doubt that before the ground is broken the
courts will have passed the right OF the city
TO go ahead without first agreeing pay conse-
Quential damages.
The merchants and business men along Fifth
avenue and Broadway that are affected including
w. & J. Sloane. Lord & Taylor. B. Altman & Co.
Park &c Tilford, Brooks Bros. & Co., A. A Van
tine & Co, the Lincoln Trust Company, the Sec
ond National Bank, George c. Boldt, of the Wal
dorf-Astoria; Theodore B. Starr, Gorham Manu-
featuring Company. Tiffany & Co, Arnold Con-
stable & Co, Reed & Barton the Holland House.
the Cafe Martin, the Caswell-M Massey Company
Dodd. Mead & Co. Duveen Brothers, Huylers and
others, have decided to carry their into the
court and fight the very last against the inter
ference with their business.
Attorneys have been consulted. and the mer-
chants believe that they sustain in the courts
their right TO protect their business against the
disastrous results that would come them from
having the thoroughfare torn up. the case
in 42d street when the present subway built
They also are informed by the fire underwriters
that rates all along Broadway and Fifth avenue
would have to be advanced in the event of open
ditch construction being adopted This Is because
dangers of confagration would be greatly in
creased through obstacles that would be placed
in the way of the Fire Department IN having APP
paratus and respond 20 alarms.
Edward Hatch, jr., Of the firm of Lord Taylor
issued the following statement yesterday afternoon
on behalf Of the merchants:
This announcement by the Rapid Transit Com
mission may be the signal for the longest drawn
out legal battle the courts OF this community will
ever record. We feel we have been led into trap
fettered with techncalities which appear inVul-
nerable.
Notwithstanding the broad and unlimited power
with which the Rapid Transit Commission IS
armed; Notwithstanding that all the prominent
engineering experts have been retained by the
commission by those affiliated with the
tractors, we will oppose and fight, single handed
so TO speak, until the highest court in the land
decraes that the business interests OF the greatest
thoroughfares of the world be sacrificed to
satisfy the greed Of a few meroenariy interested
parties.
It can be stated on reliable authority that the
difference in the cost OF the proposed method Of
construction and the tunnelling or boring process
most, about $4,000. while the loss to business
men would be far mp in the millions. Note tho
experience OF Brooklyn and parts of Manhattan.
think the time has about arrived when II Is
road and call souls own.
This everlasting dilly-dallying with the property
Of citizens and the infringement upon the
rights of our business community by a set of
men clothed with almost sovereign power may as
we'll be reviewed before the courts when
times are prosperous, as 70 wait until the cycle
of depression and the open ditch threaten TO
bring about great business reverses