The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-15
The Church Disaster-An Investigation
by tho Mayor.

~ inc Mayor.
The Mayor has notified the head of the
Building Department to appear before him on
the 18th inst, to answer the charge of viola
ton of official duty implied in the verdict of
the jury in the st. Andrews church disaster
There are four charges of criminal official
neglect against the Superintendent That
he failed to order the pulling down of the
dangerous wall of the Shaw building when
its condition, as officially docketed, required
its removal; (2) That he failed to ascertain
that the work of making ''sale and secure"
was properly done; (3 That he neglected to
notify the persons in the neighborhood of the
peril; and (4) That he failed to enforce the
law in relation to the arrangement and con-
ditlon of the stairways and doors of the
church, and to see that they were such as to
facilitate egress in case of an accident or
panic. The more recent falling of the roof of
the building used by the Twenty-second regi-
ment as an armory points the Importance of
prompt action on these charges.
There seems to be an impression that the
present law does not empower the Building
Department to provide against the unsafe
condition of doors and stairways in
buildings used for public purposes.
This is an error. Section 20 of chap
ter 625 Of the Laws of 1871 provides that
in oil buildings of public character then
erected or thereafter to be built, 'such as
hotels, churches theatres, schoolhouses, res
taurants, railroad depots, public halls and other
buildings used or intended to be used for pur-
poses of public amusement Or instruction, the
halls, doors, stairways seats and aisles shall
be SO arranged as to facilitate egress in cases
of fire or accident, and 10 afford the requisite
and proper accommodation for the public
protection in such cases." &c. In the same
section the head Of the Building Department
is empowered to enforce these provisions.
Notices may be served by the head of the
department on persons violating these or any
other provision of the law, and a neglect
or refusal to comply with the require
ments of the law is made misdemeanor,
punishable by fine or Imprisonment. Sec
ton 46 provides: -'s1his act is hereby de-
clar ed to be public act and shall be con-
strued literally, and all courts and tribunals,
or any judge or justice thereof, shall take
cognizance thereof and give force and effect
to the purposes and objects thereby sought TO
be promoted"
More emphatic language than this could
scarcely be used. 1t was the intention Of the
law that the Building Department should
have ample power to enforce all the pro-
visions looking to the public protection, and
that they should be specially countenanced
by the courts in so doing. The Coroners
jury find that there was at St. Andrews
church ''inadequate provision for the safe
exit of the congregation" that the 'stairways
were too narrow and crooked" that the "out-
side doors were hung to open inward" All this
was in direct violation of the law now in ex-
istence, and which it was the duty of the head
of the Building Department to enforce. In
having neglected to do so he is as responsible
for the three lives which two of the jurymen
declare were sacrificed to these defects in the
building as he is for the two lives that were
crushed out by the falling Of the dangerously
sprung and bulged wall he failed to remove.