New-York tribune., 1876-12-08
THE RESPONSIBILITY.

take to serve the public, but in enforcing
practically the provisions of the common ana
statute law. The lessee of the Brooklyn
Theater would probably be much astonished
to be told that the representatives of some or
those who perished Oh Tuesday night have at
least p,iaa .facie case against him, and might
bring an action sounding in damages. we uo
not say that in such case the plaintlff would
gain a verdict under the direction OF the court
for that would depend somewhat upon the eVl-
dence and upon the opinion OF the Judge, put
Of the prOpriety Of such action upon general
principles there can be no doubt Possibly the
lessee might also have his action against the
lessons, nor are we sure that criminal indlct-
ment for manslaughter might not be maln-
tained against somebody. The law as against
railway corporations and the owners of steam
boats is a good deal better fixed than 1T Is
enforced. That it applies equally to the pro-
pIietors of places of public resort, 1t would
seem unnecessary to argue.
We suppose, indeed, that no right-minded
lessee or owner of theater would deny that
for the safety of life and limb in his estab-
lishment, he is bound in law to use extra
ordinary care. Nobody will pretend that there
was anything like this at the Brooklyn Iheater,
for if there had been the fire could not have
originated in such way. 1t is useless to say
that. from the nature of its construction ana
appointments, it is impossible adequately to
guard a theater against combustion. Night
after night these places are lighted, the per-
formances go on without the fearful Interrupt
tion of fire, and the spectators go home safely
10 their beds. If, therefore, every night the
same conditions are maintained, the same pre-
spryation will be secured. These, however, 1t Is
impossible accurately to determine from an i'm
mediate and superficial observation. 1t becomes,
therefore, necessary in the outset to exercise
the best possible Judgment, and so to dispose
the interior of the building as to reduce the
risk to minimum. The regulations should
be stringent, and the discipline such as to rem
der a breach of them well nigh impossible.
Carelessness in anybody, from the manager TO
the amp-lighter, should be considered crime,
and serious one, for to carelessness nine
tenths of such great casualties are justly attrbu-
table Ii must be remembered, too, that after
every precauton there is definite remainder
of risk. The problem to be solved, then, is
duplex: 1st, prevention or instant extlngulsh-
ment of fire; ID, the facilities OF egreSs should
a fire occur 1t seems TO US that there should
he safety, at least comparative, IN the very
simplicity of these conditions, in the consider
alton of which carclessness must be put down
as inevitable and rs a contingency also to be
guarded against.
Now that the event has come, we are told
that the Brooklyn Theater has always been
considered unsafe; that the proper authorities
,InIi mill o,rc.ai 81 m
and finally, that If the audience upon that
dreadful night could have been induced to
pass out in an orderly manner, probably no
loss of life whatever would have occurred. In
all this there is little consolation, though there
may be some useful suggestion. If the proper
public officers to whom such matters are i'll
trusted knew the theater to be specially unsafe
in case of a fire, then heavy weight OF re-
sponsibility for the disaster rests upon their
heads. AS for the chance Of pcrsuading
the audience, with knowledge that the theater
is on fire, to make slow and formal
exit. we may as well dismiss it at once
as nothing but an absurd notion. If the crowd
could be tolerably sure that there existed no
peril without ample preparation for it, of
course there would be much less trouble. 1t
is said that, badly arranged as it was, the
Brooklyn Theatcr could be emptied, how
ever full in from five to ten minutes. In
stead of Il practical assurance OF this, which
wide portals upon four sides would have given
there was fright, mad and misdirccted effort,
difficulty of breathing from the smoke, and
indecision from the darkness. In short, for
this dire emergency, unfortunately very far
from being unprecedented, the prOprietors,
builders, lessees, managers, and Brooklyn
police had made no preparation whatever.
What came, came as a matter OF course.
To say that nobody is responsible for a
catastrophe thus precipitated is~to talk child
ishly. Not to be able to find out who is re-
sponsible argues great inetficiency in our GRIM
inal processes We only hope that New York
may not witness repetition of the mortal
mischief in Brooklyn. How is it with our the
aters, every night crowded, and every night,
in the absence of adequate provision against
it, exposed to o similar tragedy We do not
wish to be troublesome or oiiicious or alarm
lists, but it seems to us that this is just tho
time for asking this vitally important ques-
tOn II within year or two years we are
not called upon to chronicle another holO-
caust, our immunity will be attributable to
the providence of God, and not to the pru-
dence of man. But all connected with the
administration of theaters must admit that
they have had sufficient warning. If they do
not heed it, is there any reason why they
should not suffer in purse or in person either
for their apathy, their negligence, or their
ill-judged economy7
There is another point upon which it is neces-
corx in, oil 10
rible accidents" as, with utter looseness Of