Morning journal and courier., 1889-03-19
BOARD OF cOUNCILMEN.

President Chandler wins HIS Point
 The FIre Marshal Instructed Co Close
 she Upper Gallery of the Hyperion If
 Found Unsafe-A Long Harangue
 Over NJ.
 There was quorum of the board of coun- cilmen last night, and after a few routine matters had been passed upon, President Chandler called Councilman Wardell to the chair. MT. Chandler then brought to the mo- tice of the board the insufficient number of exits of the upper gallery of the Hyperion. He pictured the danger that might arise at the graduation exercises, when the theatre would be crowded. He thought something should be done and offered the following resolution:
 Whereas. There exists in the public mind much om a16 the in of re aD or Whereas, By reason of the large numbers who are compelled 10 sit in the upper gallery which has too inadequate exis in case of fre therefore, for the better protection of the lives or all who visit opera house, or any other public hall In eur city, Resolved, That the board of fire commissioners be and are hereby requested to instruct the fire every public hall thester or opera house within the city limits be and remain unlocked except by bolt the inside of said exit doors, which be easily drawn by any person during any and every public performance gathering in said public hall, thea Resolved That the board of fire commissioners be and are hereby requested to instruct the fire known as the Hvperion be at once closed to the pub ic and remain closed until such time suitable and adequate exits shall have been constructed the satisfaction and acceptance Of the board of fire commissioners.
 This started discussion which lasted for nearly two hours. All the councilmen were in favor of the first part of the resolution, Tln to act in the matter. Councilman Chandler stated that he had asked the advice of the corporation counsel, and he had introduced the resolution only after getting his opinion. MT. Chandler fought hard, making several forcible speeches. He spoke of just such resolution being introduced a year ago, and which was passed by the board of aldermen, and which was tabled by the councilmen. He said that he had under stood pretty thoroughly that several coun- cilmen had been s'seen" on the matter by parties interested. Ut is frightful to think what would be the result should a panic arise in the thester," he said.
 Dr. Winehell, owner of the theater, was present and was given hearing. He stated that the Hyperion was one of the safest thea ters in the country and had been so reported by committee. He knew the gallery was unsafe, but said no theater could be abso. lutely safe in case of fire Only on sueeial OSo>@S-O-~ S>-SAo lery, and then it is at a free show for the public good.
 ''I don't wish to cast reflections on any one," he continued, 'Fbut there is a ghost somewhere" He invited committee to in- vestigate and report.
 MT. Chandler said: "I want it understood that no pressure has been brought to bear on me in this matter. I have not seen single person about it. All I ask is that this death trap be closed.
 Councilman Hamilton offered an amend ment providing that the number to be ad- mitted to the upper gallery be limited It was voted down. The following was finally passed as substitute offered by Councilman Chandler:
 Resolved, That the fire marshal be instructed to close up the upper gallery of the building known as the Hyperion until sufficient number of exits be made that shall be acceptable to him.
 An opinion from Corporation Counsel Townsend was received setting forth in re- sponse to inquiries made of him by the cona- mon counsel, that
 am therefore of the opinion, that in case of a disagreement between the mayor and the board of aldermen as to the duty of the corporation couc- sel before the General Assembly, the corporation counsel would have no right or power to act with out the advice of the court of common council.
 The consolidation bill was postponed until the next meeting.