The morning times., 1895-07-11
IRE HOTELS EXEMPTED?
Attorney Thomas Files Opinion
on the Fire Escape Law.
EXCEPTIONS POINTED OUT
Vulue Of Tax Lien Certificates Dis
cussed-They Are Said to BE Com
Awarded for Smallpox Hospital
Plans fer Haymarket Square.

Another chapter was added yesterday
to fire-escape history by the filing or an
| opinion from. Attorney s. It. Thomas
upon point raised in the case of VIII
/ lard's Hotel, heretofore noted in the
/ Times, and which is, in substance, rs fol-
/ lows:
.'on a cursory reading of the law, Con-
| gress seems to have made a difference
! between otels and other build ings
used for a business for which n license is
required, and buildings used as seminaries
and colleges, etc, for which no license is
required. In the case of hotels il is made
unlawful 10 issue a license to the lessees
OF prOprietors thereof unless the application
for license is accompanied by Il certifi-
cate OF the building Inspector that the hotel
is provided with fire escapes as required
! by law.
In the case of buildings in which
business is conducted for which 10 Ii
cense is required, the owners, lessees or
trustees OF such buildings are made liable
TO a fine of not less than $50 nor more
than 500 for each day they Shall neg
leet after sixty days notice 10 provide fire
escapes. In such cases the lesSees or owners
are liable To prosecution on failure after
sixty days notice to provide fire escapes.
While il would seem that there is a
distinction in favor OF hotels, il disappears
when section 3 of the act of 1887, as
amended by the act Of 1895, (Which re-
quires the lessees or owners 10 have fire
! esCapcs.l is read with section l of the
original act The language or section 3
OF the act Of 1887, rs amended by March
.. 1898, is that lin case OF default of
/ lesSers. trustees Orowners in Putting UP said
/ fire escapes, said Commissioners are en-
powered. and il is made their duty, TO
cause said fire escapes TO be erected. y
When read in connection with section l
this is broad enough, i think, to re-
late 10 all buildings on which fire escapes
are required to be placed by the act Of
/ 1887.
MUST CONFORM TO LAW
An assessment OF the cost Of erecting
/ fire escapes should be made strictly in
I accordance with the terms Of the law. It
/ should appear both on the face of the
/ assessment, and the taX-lien certifi-
/ cate, based upon it, that the assessment
was levied on failure of the lessee, owner
OF trustee, after sixty days notice, to
erect fire escapes. l think any agree
4 menU between the municipal authorities
1 and the lessee, owner or trustee of any
building on which fire escapes are re-
! quired, TO waive the notice would luvali'
/ date the assessment, and also the ta&-iien
/ certificate issued in respect To it..
"In my Judgment the Con.miss toners
( should give the notice of sixty days, a nC
on failure of any owner or lessee of
I any building on which lire escapes are
required to erect such fire escapes, the
/ Commits toners should cause them TO be
| erected and assess the cost thereof
! against the pr operty, as required by
the act, except in the case Of owners OF
less ces Of buildings used as factories
/ manufactures, tenement houses, or the
trustee OF any building used as a seminary
college, academy or asylum, where the
parties may be compelled 10y conunuou:
fines to erect fire escapes.
In my opinion 1t would not be gooc
administration to erect fire escapes in the
failure of the owners or lessees Of build
ings after notice to do it, III case;
where the compulsion Of the police conr
! mas not first been tried In the case OF VII
lard's Hotel, it seems to me the course that
must he pursued is 10 wait until the no
tice expires; then if Mr.. willard doe'
not terect fire escapes the Commissioners ma
do it and ssess the cost against the building
as provided in the act
POINT NOT CONSIDERED.
In this opinion Mr. Thomas prescribe'
method of procedure under both provision
of the law He applies the act Of Congress
/ to all classes of buildings requiring fire
escapes, but one point upon which hi
opinion was not solicited, remains TO bt
decided, aud upon the surface of affairs
this appears to be the most important ofall
| 1t is well understood that, as rule
a tax lien certificate brings with 1t to the
holder more trouble than profit. Ever
| tax certificates, under the most favora
| ble conditions, are Satd to be OF small
value, as the courts have more than ono
| interviewed, very properly, no doubt, tC
protect the property sold from sacrific'
under certificate showing sa lie fo
unpaid taxes.
The tax lien certificate is said to b,
of less value, unless, in the act under whicl
il is issued, there is a specific provision
marking out the procedure for its enforce
ment Taxi certificates vary in i'm
portance. il is alleged, for this yer.
reason, and in great ma jority of case
they are not valued bythOse who arefamilia
with the laws of the District above tn
cost ofprinting and issue.
II so happens that in the amendment [
the fire escape law enacted by the LAT
Congress. hotels were exempted from IN
prosecution clause under which they Nigh
have been fined for noncompliance, and an
I therefore placed in the other class. Jus
| why this was done nobody seems TO know
II also appears that in the wording of Ii
amendment not clause appears defining h
manner in which the holder OF CertifiCat
may proceed to collect il, and since eac
taX-lien provision is a law unto itse
ana the method of its enforcement is limite
to its own provisions. the certificate whiC
the Commissioners may, under the fir
escape law, turn over 10 the contractor &
his compensation for erecting the escape
has been pronounced by those fanlilia
: with the subject AS absolutely valueless.
BUT ONE BID CONSIDERED.
Forthis reason doubtless, ,therewa but or
bid opened yesterday for the erection
a fire escape on Wizards Hotel, ant
possibly for the same reason the contract'
who filed it asked permission to withdra'
il. The name OF the contractor could M
be obtained.
Mr.. Thomas says in his opinion that Co
greSs made a distinction between hotels al
other businesses for which license
required. This distinction is pronounced /
others to afford absolute immunity
hotels from the application of the law, fl
the reason that The proprietors cannot
fined for noncompliance nor can any co
tractor be found willing TO erect Ii
apparatus and take the risk of realizir
| upon his compensation" The Comrni
sioners may. however, find a way out an
be able TO bring hotels within the provision
OF some adequate penalty.
Mr. Thomas will file another opini0