New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-26
PIER FIGHT IN COURT
DEMAND LEASES BACK.
Murphy G0fney People Want
Bensel Held for Contempt.

The fight by the Murphy-Gaffney interests to
retain the pier leases granted them by the Dock
Board when Charles F. Murphy was treasurer
and which the Sinking Fund Commission is de-
termined to reclaim. that the permanent i'm
provements may be made. was begun in the
Supreme Court before Justice Mclean yester-
day, when counsel for the New York Contract
ing and Trucking Company asked for an order
holding Commissioner Bensel in contempt OF
court.
Counsel for the company alleged that the
commissioner was I'm contempt for violation OF
an injunction order made by Justice FitzGerald
on October %. 1903. by which he restrained
McDouGall Hawkes. from interfering in any way
with the lease held of the pier at West 10Th
street by the New York Contracting and Truck
ing Company. Of which Charles F. Murphy and
his relatives are the principals, under lease for
ten years from August l. 1901.
The contempt OF court alleged against Dock
Commissioner Bensel was the service Of a notice
by him on the New York Contracting and
Trucking Company March Il Of this year. by
which he declared the lease terminated that
date. This was held 10 be violation Of an
order made by Justice Scott In 1901 and af-
firmed by Justice FitzGerad two years after
ward, when an attempt was made by Dock Com
missioner Hawkes. 10 have the existing injunc-
ton modified.
Justice FitzGerald's injunction was 10 continue
until the trial OF the action TO prevent the can
collation. Of the lease has been determined
J. c Toole. Of counsel for the New York Con-
tracing and Trucking Company. In support OF
the motion to punish the Dock Commissioner.
said; Since the order made by Justice
FitzGerald there has been no interference with
our rights until few days ago. when
served with the notice that our lease had been
terminated and ended That. We say Is a con-
tempt OF Justice FitzGerald's order. The notice
also directed to remove any property we may
have the pier
1T may be said behalf OF the Dock Com
missioner that certain events have happened
since Justice FitzGerald issued his injunction
order that have changed matters so as to give
Dock Commissioner Bensel the right 10 Issue this
notice. hut ! declare that there IS no change in
the position OF AFFAIRS now from what existed in
1903, and that in any case any motion should
have been in the nature Of one for n modification
Of the injunction. or for leave 10 serve a sup
Elemental answer"
Counsel said Mr.. Bensel. at the time the case
came before Justice FitzGerald. was chief en-
gineer TO the Dock Board. and made the main
affidavit on which II was sought 10 induce Jus
tice FitzGerald TO modify Justice SCOTS prior
order.
Since then" said Mr.. TooIe ..be has bean
promoted 10 the position OF Commissioner OF
Docks and Ferries, and has actually been en-
gagged In negotiations with the representative
OF the plaintim company and their attorneys
with reference to settlement as to the ques-
tions in dispute between them
Assistant Corporation Counsel F. J. Freedman
opposed the motion and said that an act had
been passed by the Legislature I'm 1868 giving
The commissioners Of Central Park the power 70
Iay OUT pier and bulkhead lines on the North
River. The general act authorizing the Dock
Board TO take charge Of any such plans was
passed In 1873. further act was passed in
l9OI but this was declared illegal and I'm 1904
an act was passed giving the Commissioner Of
DOCKS and Ferries the right TO adopt a plan for
the laying out of a new bulkhead limo
Inc injunction granted by Justice FitzC;eraId
permitted the termination of the PLAINTIFFS lease
II new plan were about 10 be put in operation
ana commissioner Bense had Just proceeded
with the new plan argued Mr. Freedman
MI Ioole said the new plan was exactly the
same as the old, which had been declared illegal
Justice MacLean took the papers and reserved
decision 49, N