The Washington times., 1894-09-19
District Attorney Speaks DiscOuraQ-
inqly of Prosecuting the StumphS.
HE CITES THE AINSWORTH CASE
Charge of Criminal Negligence Would Be
Palliated by the Fact that Fire Escape
Had Been ordered-opinions of District
ofiicials-other Buildings Unprotected.


prosecuting anybody or holding anybody re-
sponsible for the terrible loss of life in the
fire Monday.
at seems to me-" said Mr. Birney, "that
the most reasonable ground for prosecution
against Mr.. Stumph would bethat of criminal
negligence, and even this charge would be
largely palliated by the fact that the fire.
escape had been ordered and preparations
were on the way for its erection. And then
again the laws il regard to crininality from
that standpoint are practically undetermined,
and as an example of this fact, cite you the
AinsWorth case. We have no precedents, and
the legal interpretations are very vague.
''How about the law on fire eScapes?"
"Well, that is something which would
have to take under advisement. The matter
was called to my attention to-day by my as
sistant Mr.. Mullowney, and we discussed it
pro and con and as minutely as was possible
under the circumstances. The decision OF
former district attorney Mr.. Riddle, carries
little weight and can in no way be considered
as final Having had no previous case of
a like character, | have never thoroughly In
vestigated the law upon the subject. have
requested the Commissioners to-day to fur
nish me complete data of the opinion and
viii give it careful consideration. 1t has been
a very horrible affair, and too many precau-
tiOns cannot be taken to prevent similar
one, and If any one can be proven negligent
and responsible for the tragedy Of Monday
it is my duty 10 see that just punishment is
meted out.
SUBJECT OF DISCUSSION.
The disastrous fire, with its consequent loss
OF life, the latter being largely due, it is gen.
orally believed, to the absence OF fire escapes
as provided by law, was the subject of good
deal of discussion at the District building
yesterday. The officials generally were OF the
opinion that the alleged defective law should
have been long ago remedied, and it was
claimed that all who have any authority in
! the matter had striven not only 10 have fire
! escapes erected on all buildings where the
regulations required them, but also TO have
an 2dequate penalty clause added, to enable
the officials TO enforce them.
Commissioner Powell said: 81 read the reg
ulations governing fire escapes this morning.
l can see no defects in the law, except that
| the application of the penalty is not clear. |
! understan il to be true that the penalty is
not enforceable. I know that Senator McMil-
! Ian. of the District Committee, brought up the
! subject year or so ago, and prepared a bill
! covering the defects that may exist. That
bill was sent here, and by the Commissioners
! to the attorney OF the District and he pre-
| pared one The Commissioners sent the lat
| ter TO both houses of Congress. and urged its
/ adoption. The bill was referred In the House
! TO the District Committee"
| Commissioner Powell was not disposed to
! criticise Congress, but was OF the opinion
! that the failure to pass the amendment was
/ one OF those unfortunate occurrences that
/ some times result disastrously. He said the
/ District Committee of each house seemed to
appreciate the necessity for the legislation,
and tried to have it enacted.
The amendment to which Capt. Powell re-
| ferred was introduced in both houses of Con-
! gress October 25, 1898, and on the SOth OF
! January following was referred in the House
! to the District Committee. 1t was never re-
ported IRON the committee, and so far as Is
! known at the District building the Senate
| took no action at all, presumably because
| there was already a similar bill before that
/ body.
The amendment provided that section of
IAN act for the further protection of property
from fire, and safety of lives in the District of
/ Columbia, approved January 25, 1887, be
amended so as to read that cit shall be unlaw-
full to issue a license to the lessee or prOprie-
tor of any building in the District Of Colum-
! bia used as a hotel factory manufactory
theater. tenement house. hall, or place of
| amusement, or other building used for busi-
ness for which a license Is required, unless
! the application for such license is accom-
/ panied by the certificate of the inspector OF
! buildings that such building is provided with
fire escapes. standpipes. ladders, lights,
alarm gongs, and descriptive notices, as re-
! quired by section OF said act"
PENALTY FOR FAILURE.
The penalty prescribed for failure to COM
! ply was that, thirty days notice being given.
such person or person who shall neglect or
refuse to provide fire escapes and the other
requisites, should be liable to a fine of not
! less than $50 nor more than S100 for each
day of delay, the fine to be collected by
prosecution in the police court, and i'll further
/ default the Commissioners were empowered
TO have the fire escapes erected, the cost OF
the same to be assessed as a tax against the
/ building and grounds. Lien certificates were
to be issued, bearing 10 per cent. interest.
! Owners OF premises who failed to put in fire
escapes were made liable for damages in case
of resultant death or injury and the Commits
sioners were empowered to require escapes to
| be put in fireprOOf buildings.
Accompanying this measure was letter
signed by President Ross and addressed to
the chairmen OF the two District committees
! of Congress. in which it was stated that the
| existing law is not enforceable. mainly by
reason of the defect in the penalty provision
and its inadequacy against nonresident prop
erty owners.
1t was stated in the office of the building
inspector yesterday that Immediately after
the adoption of the law of 1887 steps were
taken to enforce its provisions, but its defects
made il practically imperative Some owners
of buildings complied strictly with the in
structions. others did so partially, while
others refused.
Those who did not obey the notice issued.
with dates of notification. are: Proprietors OF
the Corcoran Building, notified August 90
! 1887; Portland apartment house, August 81
1t has now a small inside fire escape. Will
lard's Hotel, September 8; Columbian Uni
versity, corner of Fifteenth and II streets
September 3: Columbian University Prepara.
tory School. Fl street. between Thirteenth and
| Fourteenth streets, September 6: Academy o
the HCly Cross, on Massachusetts avenue be.
tween Thirteenth and Fourteenth Streets Sep
tember 6; st. Johns Academy. on Vermont
avenue, between NJ and n streets. September
6: Ebbitt House, September 6; Odd Eel
lows Hail. on Seventh street north
west September 6; Tyson House. OF
Seventh and streets, Oct Ii: buildings on
Seventh and L northwest, used as a dancing
academy. Oct. IL; American House, Oct 10
Metropolitan Hotel. three ordered. and but
one put up. under notice of Oct 13: building
on northwest corner of Seventh and d streets
northwest, Oct. Is; Polkinhorn's buildings
Nos. 632 aud 634 D street northwest and Hill
man House. notified Nov II, all in 1887.
Stumph Brothers were informed June 1S
1894, of the necessity for Immediately attach
ing fire escapes to their building, the notice
stipulating that unless the law was obeyeG
they would within ten days have to cease
using the building for manufacturing pur
| noses and WAS signed bv Buildino, Tns nsnectol