The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-02-03
THE BABCOCK EXTINGUISHER
AID THE FIRE DEPARTMENT WAR.
The Arrested Parties Discharged.

The trial of A. Kalinski, John Cavney, John
Lowery and NJ Cashen, charged by Chief
Engineer Thos. OConner of interfering with
him in the discharge of his duties at the fire
on last Wednesday, came up for trial before
Judge L. Adams, Fourth Municipal Police
Court.
The following is a brief synopsis of the
testimony given:
THos OCoNNER, sworn for the prosecution,
says: l am the Chief Engineer of the Fire De-
partment Of this city. am acquainted with
the accused; three of them are members of
the Fire Department. A. Kalinski, is the
foreman of No 7. Upon my arrival at the
fire on First street, on last Wednesday night,
found Mr.. Lowry operating a portable fire
extnguisher, and Kalinski, Cavney and
Cashen were using a portable pump in the
extinguishment of that fire, or were endeavor-
ing to save some rear buildings on fire. Hav-
ing received instructions from the Legislative
body Of the Firemen's Charitable Association,
to cause the arrest Of all parties using other
Apparatuses than those belonging to the asso-
citation, l caused their arrest in violation of
ordinance No. 1910, and also in accordance
with my instructions received as l have al
ready stated.
These men were not there by my instruc-
lions; they were there before my arrival
They we've attempting to save some property
which was about to catch on fire, and in their
endeavor they were using these Babcock ma
chimes. simply carried out my instructions.
To Judge Braughn-I did not recognize
them as fremen under my control. was
aware that they We're employees Of the in
surance companies. / am not positive as to
the length Of time these Babcock extinguish-
ers have been in use by the insurance COM
panies at fires, but think it is nearly three
.yaars. 1t is since the organization OF the Peo-
pies Insurance Company.
The Fire Department permitted these ex-
tinguishers to be used for nearly three years
without objections. never was questioned
about it. About two months ago, the Board
of Fire Commits toner's of the Association
directed me by resolution to suppress the use
of the Babcock's at fires, but did not do SO,
because did not recognize the authority of
the Board OF COmmi ssioners in the premises.
The resolution Of the Board of Delegates, of
course, l had to follow, and in consequence I
had these men arrested.
About ten months ago the Board Of Dele
gates Of the Firemens Charitable Association
placed under my direction a large Babcock
engine to be tested by the various fire compa-
MES OF the Department in numerical order,
and it was SO tested by the companies from
No. to %; the majority OF the foremen of
the companies reported in favor of said ma
chine. The small portable macLines hold
about six or seven gallons Of the chemicals.
These small portable machines are used in
places where steam engine cannot get to,
especially in the present condition of our
streets.
The fight in this matter is not upon the
Babcock or any other chemical engines, but
recently controversy sprung up between the
Firemens Charitable Association and the |
Board Of Underwriters as to a loan of money, |
and in view of that loan not being consum-
10, %1o ,r@ook -
the Board of Delegates considered that the |
Board of Underwriters running these appli-
ances for extinguishing fires were committing
breach upon that ordinance and directed |
the Chief Engineer to prevent it and arrest |
the parties.
The men engaged in operating these porta-
bic Babcock's at the fire on First street did |
mot interfere with the practical workings of
my department.
The nearest engine of my department to
where the fire was burning, was from four to
five hundred feet but our pipes reached the
spot. That was in consequence Of the bad
condition Of the roads. 1t is the case when
ever We have very bad spell Of weather.
Q. Were these four men doing good service
at that fire?
A. Well, that is difficult question for m.
to answer, because they had arrived there be-
fore me- When I arrived l found that they
Llhu WcL uUWn Il SIudl klUCueu anu were |
working what l term on the bulk Of the fire.
1t prevented the burning up Of those rear
buildings.
To the Judge-Under my instructions from
the association, if had seen those men at
the fire with their apparatus, doing nothing,
would not have called upon Them and pro-
vided the association took the responsibility,
( would let the house burn, even if I knew
they could save it. Under my instructions
%io i T |
would be bound to do so. {
. The next witness on behalf of the State !
was 4:
r. B. Hamilton - Testified in substance
that on arriving at the fire he found the ac- !
cused at work The eff ct Of their action was
in preventing the fire from spreading. t
To the Judge-On the day of the fire in |
question, I do not think the four accused a
wee doing any wrong.
Mr. Luzenburg announced to the court that G
be rested the case on behalf of the prosecu- t
tion and Mr.. Braughn, for the accused, said a
that the prosecution had made out no case t
md therefore he would not introduce any a
witnesses. e
After hearing very able arguments from Mr.. T
Luxembourg and Judge Braughn, the Judge +
said: l have no proof before me that the 4
accused or anybody else were legally notified +
% desist from interfering with the duties of Is
he Chief Engineer or the Firemen's Chart
able Association, and consider that the first Il
preach of the law was violated by the associa- o
ion, in allowing the accused or anybody else, b
Using the Babcock engines, to run to fires for P
hree years. le
have no proof of any association of Bah q
ock engine company. but have proof that r.
our men have been employed by the insur- 81 5,
nee companies to go out and put out fires, Il
'ut not as an incorporated body. Even sup "a
losing the City or State was right in passing NJ
his ordinance, l cannot punish men who Ct
sere helping to save the property of citizens.
hey have done good to the people. If the VI
aw says hang man for doing good, I will "
e no party to it. Under the theory of this 10
don't know that would have W
lght 10 employ man to save my house from at
arm. 1 think the people will approve my &C
curse in dischargipe these men. because I ce