New-York tribune., 1909-01-16
CITY BUILDING HELD UP
TAIPAYER ENJOINS THE
BRIDGE DEPARTMENT.
Contends That Foundation Would
Be Unsafe If Built on Sand
Contractor Also Sued.

A taxpayers suit was begun yesterday to stop
the erection of the proposed municipal terminal
building at the Brooklyn Bridge, a temporary
injunction being obtained from Justice Vernon
NJ. Davis, returnabe on January 21- The or
der applies - both John H. Gray, to whom the
contract for the foundation was awarded on
December II. and to the Bridge Department,
on which it served yesterday afternoon
AS the copy of the court order was
received in the Bridge Department office 1t was
sent to the Corporation Counsers office by
Chief Engineer Kingsley Martin in the absence
of Bridge Commissioner Stevenson The case
for the city will probably be turned over to As
sistant Corporation Counsel Sterling. who han
died the case for the Bridge Department when
Edward S. Murphy Superintendent of Build
| ings in Manhattan. refused TO approve of the
plans the ground that they unsafe.
Commissioner Stevenson appealed 20 the Board
OF Examiners who held that they had no juris-
diction to review the determination of the Su-
perintendent Of Buildings.
On December - Assistant CORPORATION Coun-
sci Sterling supposedly advised Commissioner
Stevenson that under Chapter GO of the Laws
of 1907, which authorized the Bridge Depart
ment to erect the building, he could ignore
the Buildings Superintendent, for the contract
for the foundation was awarded that day to the
j. II. Gray Company. This company made
Bid of S691 900, which $1I6, $50 lower than
the next one, made by ]. c. Rogers.
The delay at the start of the work the
foundation of the building through litigation
will indefinitely postpone any chance of Brook
lyn Bridge relief by the operation of the sub
way loop, of which the building is planned to
furnish the chief terminal station. The sub
way, with the exception of the terminal station.
will probably be ready for use by January of
| ,ey
in relieving the strain of congestion
existing the Brooklyn Bridge. After the case
has been carried through the courts. unless
Bridge Commissioner StevensOu's contentious
/ are upheld, new plans will have to be formu-
lated and the foundations carried down to bed
rock-a work that will take several months
more than the present plans call for and cost
several hundred thousand dollars more.
The injunction is sought by Henry l. Wheeler.
as a taxpayer, through Ashbe P. Fitch. Mott
& Grant. of No. - Nassau street. Mr.. Mott
who has the case in charge would not disclose
the identity OF Mr.. Wheeler yesterday Mr..
Wheeler he said, has brought this taxpayers
suit simply as a public spirited citizen and a
taxpayer lie has no ultcrior object in view
other than the public good. He is not acting
| for any organization other group OF citizens.
Mr. Wheeler believes that the statement
made by the Superintendent Of Buildings that
! Il is unsafe 10 allow the building 10 be built on
/ fine sand twenty-five feet below water level.
/ with a weight imposed that soil 100 To 2oO
! per cent greater than is allowed by the rules Of
the Building Code. is ample justification for
such a suit. II would be shameful for any citi-
zen 10 allow the erection of a building meant
to house all the great city departments which
is likely to slide OFF into the street at any mo-
meut''
The complaint fled with the court cites all
the points brought out in The Tribune concern
ing the proposed foundation. The plans adopted
bv Commissioner stevenson call for the placing
OF eight tons TO the square fooA on fine sand
Mr. Murphy refused to approve the plans,
deemIng them unsafe, and saying that he would
not allow a greater weight than three tons TO
be placed on such soil The board OF examl-
ners upheld him in this contention. Bridge
Commissioner Stevenson contended that Chap
ter go Of the laws of 1901 authorizing his
department TO erect the building. put II outside
of the jurisdiction Of the Department Of Build
ings Mr. Wheeler. through his counsel says
that this same act does not in any way take
the building out of the jurisdiction OF the De
partmcnt of Buildings. At the start OF the
building code II is explicitly stated that its
provisions apply with equal force TO all build
ings. municipal and private"