New-York tribune., 1910-06-21
FIGHT OVER BIG AWARD
MAGNETIC Iron Mines Case Put
Over Until September.
SUIT NEEDLESS, SAYS COURT
Corporation Counsel Can Guard
City's Interests-Lawyer Gives
Thanks for Gaynor.

BEFORE Justice PaEe III tbc sup NON' =
Yesterday there was an unusually heated
argument between J. Hampden Dougherty
and Richard T. Greene. Mr.. Dougnerty
sought to make permanent an injunction
which he obtained as counsel Tor Charles
n Bull to restrain the commissioners ol
Appraisal and Assessment from reporting
an award of S4.So0.010 asked by the Irotoh
Magnetic Iron Mines for Its property taken
by the city for use in connection win the
Croton aqueduct. Among the ueiehodh''
named were the four members or the oio
Aoueduct Commission, whose removal py
Mayor Gaynor, Mr.. Dougherty salo' was
''providential" He argued that the pro-
ceeding under which the mining properly
was taken was illegal and irregular and
was included in the condemnation OF prop
ertv for aoueduct purposes by diverting a
dam from another point.
Mr.. Bull, the plaintiff. is an assistant en-
gineer in the Department of Water Supply.
Gas and Electricity. He sues as a tax
payer. but his action, 1t Is said, has the
encouragement of Mayor Gaynor and Com
missioner Thompson of the Water Depart
ment Mr. Dougherty said that the mines
taken by the city had been abandoned by
the owners because they were useless
which Mr. Greene, counsel and treasurer or
the mining company, denied. Mr.. Dough-
erty intimated that certain political In
terests were involved in the acquisition of
the property He said that he would try to
learn whether those responsible for the
change of plans were Tammany men or Re-
publicans.
Mr. Greene was clearly angry. He pro-
duced newspaper article relating to the
oh I,o sold er11a from
Dougherty's publicity bureau Counsel
for the plaintiff rose to interrupt.
"Sit down. said Justice Page. as he
raped with his gavel. Mr.. Dougherty per-
sisted, and the court threatened drastic
steps. Mr.. Greene went on, saying that he
had been maligned.
"All that lawyer has he said, lis his
reputation, and the man who attacks mine
must prove his allegations take the con-
sequences
Mr.. Greene wanted to know why tax
payer should want to intrude himself in
the proceeding saying that the Corporation
Counsel could ably take care Of the in
terests of the public. He said that the war
rant for the payment of the award would
not be signed for three or four years.
Il do not see,' interrupted Justice Page,
what you in your taxpayers suit can ac-
complish that the Corporation Counsel
could not obtain on the trial of this action.
Why should you come in to do the work
that the Corporation Counsel should do? It
was not all chaos before Mr.. Watson came
as Corporation Counsel, nor will the flood
come after he leaves"
The case is based said Mr. Dougherty,
ION the illegal proceedings of the Aqueduct
Commissioners. This suit is brought with
the knowledge and approval of the city Of
ficials. I am firm believer in a Providence,
and there seems to have been a Providence
that gave us Mayor Gaynor, with the cour-
age to remove those Illegal Aqueduct Com
missioners. That removal made possible the
publics right to inspect their records. To-
day 1 can see them. study them, and as a
result this action is brought
For four years. Mr.. Dougherty said, he
had tried to find out who were the officers
and stockholders in the mining company.
He also opposed adjournment until Sep
tember Is, as suggested by Mr.. Greene, who
sails for Europe tomorrow. Mr.. Greene
after some hesitation, said the president
was Ellis P. Earle and the secretary
George Murray Brooks, attorney for the
family of the late John H. Cheever, who
owned the mines In 1882 Cheever was asso-
ciated with August Belmont In the fnan-
cial panic of 1898 he was compelled to bor-
row several hundred thousand dollars on
the mining property. Mr.. Greene said that
the principal interest was still in the
Cheever family.
Let US have a clean confession" said
Mr.. Dougherty. Who are the stockhold-
ers?''
II protest against the Characterization"
Mr.. Greene shouted.
well. then. let's make it an unclean con-
fession.''
Then Justice Page adjourned the argu-
ment to September 10.