New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-13
FIRE CHIEF BONNERS ORDER.
INSPECTOR BYRNEs SAYS 1T SHOULD HAVE
BEEN ENFORCED.
THE FIRE COMMISSIONERS ALSO THINK THE
ELEVATED TRAINS SHOULD HAVE STOPPED

ELEVATED TRAINS SHOULD HAVE STOPPED
DURING THE LEGGETr FIRE.
Tho failure of the police to enforce Fire Chief Bon
ners order to stop the elevated trains from running
past Francis H. Leggett Company's store In West
Broadway Sunday evening when the front wall Oh
the damaged building seemed TO be in danger OF failing
outward upon the railroad tracks, caused discussion
at the meeting OF the Police Board yesterday Com-
missioner voorhis suggested that report from Cmei
Inspector Byrnes the subject might be ordered
Mr. Martin said that 1t understood that OF a tre
the fremen had full control and that the police were
TO assist them in every reasonable way. Mr. worms
thought it time that the police knew wneh uiey
were Obliged to cooperate with another department
Inspector Byrnes was called before the Commission
ers and he said he had been making an lnVesusa'ion
He had talked with Captain Stephenson OF the Leolu
st. squad and with some of the officers OF tle fHo
Department who were at the fire in West BroadWay'
lie added: shall be able to make report IN u''y
or So The police go to to help protect Ire ana
property and assist the remen by keeping BACK tle
crowds. In this think the order Oh flre Oilei
Bonner should have been enforced have not known
of such case in twenty years service where
such an order not complied with"
Commissioner Martin said / tflnK 1t is plain thae
chief in command Of flremen at fire is better able
to Judge Of the unsafe conditions OF DuiulnB 'en
police captain could"
INSPECTOR Byrnes: Such question never came up
BEFORE
President Mclean "The law directs cooperation
between the police and the fremen. The ponce must
protect the fremen in the discharge OF their duues
Section 2S2 of the Consolidation Act however, clearly
lays upon the police the duty of protecting HE anu
property policeman, II he Is only patromah,
must be Judge Of how he act unless he Is under
the orders of a superior officer captain Ill COM
and OF the police at fire must decide about the pro-
lection. lie cannot lay the responsibility upon inc
fire chief in an emergency, although ne can uhe inc
chiefs advice. If the entire Police Board had oeeh
al that fire in West Broadway could not nave gwen
an order to stop the trains. The captain had power
under the law to his judgment a. 70 INC "ed'ue'
for protecting life and property"
INSPECTOR Byrnes II has been the rule LOT he
police TO enforce any request by the fire chief at ie
Mr.. Martin " The fire chief should nave power "
INSPECTOR Byrnes: al would like TO receive some
opinion from the Commissioners to enable me 10 STU
out an order which will prevent such seeming inisAe
The Commissioners decided to let the subject rest
until Inspector Byrnes had made his report; Cmel
Clerk Kipp was directed to inform the FHe Coihlhis
sioners that an Investigation was In progress
The Board OF Fire Commissioners yesterday approved
of the report laid before them by President Purroy
in which II was stated that Chlei Bonner au ao tS
properly in demanding the cessation OF rahc on the
Sixth Avenue Elevated Railroad, as he was tne pest ,
Judge as to when the safety Of the public was I'm,
perlled by lire. The report adds For tIe t nst
cooperation of the Police and Fire Departments
which the directs and which, therefore the pupc
have right to demand ree S Pace t and al Fire
Departments be had, in regard to the questions ars
Ing out Of the Franklinst fire. IN ofdef tn sd al
amicabe agreement may be reached as to the future
there NAV be no recurrence Of the failure Of the two
departments cordially to cooperate.