New-York tribune., 1901-12-08

THE DISTRICT ATTORNEY INVESTI-
eating CHARGES THAT BUILDING
LAW VIOLATIONS HAVE
REEN .NINKED AT
BEEN NINKED AT.

The recent controversy between Buildings
Commissioner Wallace and a number Of archi-
tects and builders has finally been taken into
the courts. incidentally. District Attorney Phil
bin has promised to investigate alleged miscon-
duct on the part Of the Commissioner
On the application of Frank T. Noble, tax
payer Justice Beach in the Supreme Court
yesterday issued order directing Commits
sioner Wallace to appear before him and show
cause why peremptory writ Of mandamus
should not issue to compel him to carry out
the provisions of Section 1O5 of the Building
Code. The order is returnable on December IL
The order further directs Commissioner Wal
lace to show cause why action should not be
taken to prevent further violations of the law
in the construction of the building at the south
east corner of Broadway and Maiden Lane The
petitioner further asks that the owners of the
building in question be compelled to comply
with the law.
While Mr. Noble appears as the petitioner, he
represents a large number of architects and
builders who are dissatisfied with the manner
in which things are conducted in the Buildings
Department.
In his petition for the writ MIR. Noble says
that he is interested in the outcome of the mat
ter embraced in the petition. He then says that
James G. Wallace under the provisions OF the
greater New-York charter, was duly appointed
q commissioner of buildings, with admnistra-
tive Jurisdiction in the Boroughs Of Manhattan
and The Bronx.
Mr. Noble cites Section Jos Of the Building
Code which provides that when the height OF
a fireproof building exceeds twelve stories, or
more than 15O feet, all outside window frames
and sash shall be of metal or Of wood covered
with metal, and that the inside window frames
and SASH doors, trim and other interior hnlsh
may be Of wood, covered with metal, or OF Wood
treated by some process approved by the Board
of Buildings to render the same hreproof Mr.
Noble asserts that this section has never oeen
repealed changed or amended, and is stll IN
effect and that the building at Broadway ana
Maiden Lane is being constructed in absolute
violation Of its provisions. The petitioner as
serts that Commissioner Wallace was properly
informed Of the alleged violations OF the law, put
that he has failed to act.
Several DAYS ago District Attorney Philbin
wrote a letter 20 Commissioner Wallace. inform
ing him that if the alleged violations were gong
on they should be stopped at once. In return
Commissioner Wallace inclosed a report OF an
INSPECTOR in his department TO the effect that no
violations existed. Mr.. Philbin Is awaiting the
report of an investigation he has set on 1901,
and if the evidence warrants it he Will place the
case before the grand jury
Commissioner Guilfoyle. of Brooklyn, declared
that he had not voted in favor of the plans Tor
the building in question. and an investigation
of the record shows that he did not
Maver. & Gilbert, attorneys for Mr Nome
nromise a sensation when the case comes up TOT
argument Mr. Mayer was formerly counsel 1or
the Buildings Department