The Evening critic. [volume] (Washington, D.C.) 1881-1885, 1885-01-10
THE TALL TOWER,
Frank ward In the Police Cour

FTnnk Ward la the Police Court.
Mr.. #. X. Ward was before the Police
Court this morning TO answer to the charge
of violating the building regulations in the
erection of cupola on the top of his new
dairy. Mr.. ]. Il. Padgett appeared for the
prosecution, and Messrs. John Il. Norris
and Daniel Il. Cahill for the accused.
Mr.. PadRett called the attention of the
Court to the section of the regulations uu-
der which the allegation is laid. The Sec
tiOn provides that all cupolas towers,
lanterns, pavillions, pinnacles, etc, erected
on the top or outside Of buildings must BIO
constructed of iron or incOmbustiblo ma
teIial after the structure reaches certain
height.
Inspector of Buildings Entwisle testified
that he found Mr.. Ward erecting such
structure described above on the top of his
dairy building of combustible material. He
notified Mr. Ward TO discontinue the cree
tion Of tho cupola, and he paid no atten-
tion to the order Mr.. Ward appealed from
witness decision to the Board of Commits
sioners, who decided against Mr.. Ward.
The structure complained of is designed
by Mr.. Ward to be lantern, aud is to be
illuminated.
On cross examination by Judge Norris,
the witness said the defendant had stated
that he intended covering the lantern with
sheet metal. He did not consider this pre-
caution sufficient. The defonse cited sew
eIal other towers of great height which
were not bnilt according to the require.
ments laid down by tho inspector. They
enumerated the towers on the Firemen's
Insurance building, the Armory building,
the Portland Flats, Heurich's brewery aud
the Richmond Flats. Mr.. Entwistle stated
that these towers and structures were from
rs to 100 feet high, but they were not
brought TO court because they were part
of the roof and not built on the outside of
the roof. IN answer TO question from Mr..
Norris, the witness said the danger in this
is in case Of fire, when it will fall over aud
set IRE TO the other houses.
Assistant Inspector King testified that
the building proper was 96 feet high and
the tower made IL about 100 feet high. He
also stated that the first complaint was
made by Chief Cronin of the Fire Depart
ment, who thought it was dangerous in
case of fire. Mr.. Glenn Brown, tho archi-
tect for Mr.. Ward, testified to the cou-
struction and material of tho tower. He
considered 1t perfectly safe, aud when COM
pleted it will DO freproof. He CON
sidered 1t safer than most of the other
towers in tho city. When the per-
nit was Issued from the Inspectors Office
the plans were not finished. 1t was built
calculated to resist wind blowing with
the force of fifty pounds to the square foot.
so far as danger from fire Is concerned,
is it more or less dangerous than any other
tower of the kind in the city?" inquired
the Judge.
at is less dangerous than most of Them"
was the answer.
How could 1t catch fre?" was the next
query.
II don't know because it is to be lined
outside and in with incombustible ma
teral."
"would not the tower fall down through
the roof instead of falling off if the
house was TO burn?" was another pertinent
inquiry Of His Honor.
The witness said this would be the re-
suit.
Judge Smell said: 81 am very friendly to
the enterprise. l think this ought to be
the idea. When the tower is completed, IL
1t substantially comes within the regula.
tions governing these structures, it should
not be interfered with. Mr.. Ward has been
driven from one place, and it is competent
now for the District to proceed by njunc-
ton. This is not some little, pcayune
nuisance. Mr.. Ward has put $4,000 in
this enterprise, and he is doing something
that is to the interest of the community.
l think the case ought to be tried by the
highest court in the District, as under
stand the authorities don't intend to let
him alone.
"IfI thought this was an outrageous
attempt to brave the law, would impose
fine of 81 900, but regard the case differ
emily. He is simply trying to give some
publicity to his business"
Judge Norris said there was spirit here,
when a man shows more enterprise than
anyone else, to take him by the coat-tail
and pull him back, The neighbors have
not complained in this case and the only
ones who do complain are officeholders.
The court imposed fine of $40 so that
the case could be taken to the Supreme
Court for decision. He intimated that If
the District instituted new proceedings in
the case pending the appeal taken of the
defendant, that he would suspend further
proceedings. The Court said this was the
first time he had been called on for cou-
struction of this law.