Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-02-04
Maj. Sylvester's Rep..y to Crit
icism of L zeal Authorities.
OFFICIAL STATEMENT
CHARGE THAT THERE WAS LACK
OF SAFETY PRECAUTIONS.
Police Chief D:scclains Responsibility
of District Governmelt-Com-
miss;oners Approve.

Major Richard Sylvester the suoerintend-
ent of police. has submitted report to
the District Commissioners on the COM
nrLnication of Bailey Willis of the geo
logical survey. regarding the lack CT safety
precautions at the time OF the recent skat-
ing accident on the tidal basin of the mon
ument grounds. Major Sylvostors report is
the first official statement of the police
In regard 10 the accident, in which three
persons lost their lives through the break
ing CT the ice, and is in the nature of
disclaimer OF any responsibility on the part
of the local authorities. 1t is pointed out
that the territory where the basin is To-
Gated is under the supervision of the super
ntcndcnt of public buildings and grounds,
who has his own corps of special police
men. 1t is said further that there Is no
law in the District which gives Police
men the power to say who shall and who
shall not go the ice, Just as there IS no
law against suicide Major Sylvester says
it would have been becoming in his own
officers and those of Colonel Bingham to
have spoken to the skaters If they were
aware of the dangerous conditions exist
ing.
Replying to the several questions pro-
pounded by the writer says Major Syl-
vester. Il have the honor to state that the
bathing beach is under the supervision of n
superintendent. who has guards and a
Waterman at his disposal during the bath
ing season. During the winter time an off,
is detailed at that place to look after
the property. ir the way of buildings. lock-
ers. etc This one point is Immediately
under the supervision of the District gov
eminent for bathing purposes; the contig-
uous t. ritory is under the supervision of
the sup,I int ndept Of public buildings and
ground 5.
Skaters Not Under Supervision.
Violators of existing laws may be arrested
al either place or upon the Potomac river
by the police, but the authorities are not
required by any existing regulations or law
to interfere with persons who may be sllat-
ing on the Potomac river, its branches or
other waterways in the District of Columbia :;
neither are they required to examine the
Ice anywhere on any of these waters to
ascertain whether it is safe. or to permit
persons to go on or off the same. and should
a skater. contrary to the warning of a
police officer, go upon the ice anywhere
within the District for the purpose of
toying himself, and an officer Should at
tempt to interfere with him to the extent
Of placing his hands upon him. the officer
would be guilty of a technical assault.
Several policemen were in the vicinity
of the tidal basin where the skaters gath
cred in large numbers at the time of the
accident, whose business it was TO keep
public order, and if they observed that the
ice weak around the shore it would
have been becoming in them, as it would
have been in others, to have spoken of the
conditions that existed. Police officers, the
special officers of the superintendent of
public buildings and grounds and the watch
man at the bathing beach have none of
them the right to compel a person to go
on or on the ice at one point another
more than they would have right to des-
fgrate to those who might take boat into
the river that they could not go into the
water at one place or another.
Washington Without Regulations.
Il am informed that along the Atlantic
coast some of the cities where surf bathing
is INDUCED in have laws which give the
guards authority over persons who enter
the waters, but no such law or regulation
exists in this jurisdiction. Any improve
ments by the construction of bridges from
the shore to the ice in and about the
bathing beach would have to be made un-
der specific appropriation by Congress on
the recommendation of the government,
either general or municipal, according 10
the territory to which such improvements
would be ATTACHED. There is no law in this
jurisdiction against a person drowning him
self taking his life otherwise, but in
the city of New York such law prevails.
There are specific laws which prevent fish
ing in the river a certain times of the
year, which empowers the police to arrest
the violators. There are laws relating to
the harbOr which permit the harbormaster
with his crew to enforce the laws relative
TO shipping therein, etc.
AT the waste sewer opening, which
is far below the bathing beach on the Dis
trct shore, there is a large stone arch
with an opening plainly visible to every
one. and / understand that the water which
percolates through this place Is of higher
temperature during the winter season than
that in the basin. 1t was at this point
where a board was placed from which
persons fell and crushed the ice on the
occasion of the accident. l am informed
W
ponds could not be flooded and used for
skating purposes, where the depth of
water will be very shallow, except it is
said the visitors are not careful about
the fencing and other improvements. 1t
seems to If this privilege were stant-
ed. proper order could be had and regu-
lations maintained. l have heretofore for
warded a report relative to me stocking
of these places with fish which has a bear
ing on any improvements which may be
contemplated carried into enec-.'
The Commissioners have approved Major
Sylvester's report and will forward copy
Of II to the writer who called up the mai
ter.