Evening times-Republican., 1903-09-10
Fire Escape Provision Attacked
by Those Responsible In
Clifton House Fire
THE FINANCIAL RESPONSIBILITY
Denfense in the Suits for Loss of
Life in That Terrible Disaster, Will
Claim That There Was no Final Le-
gal Vote on the Bill, and the Law Is
Therefore Invalid.
Special to Times-Republiean.

pes Moines, Sept. 10-Iowa's fire es-
,cape law is to be attacked in the courts
at Cedar Rapids that the persons re-
sponsible for the loss of life in the Cliff
ton house fire may escape financial re-
spansibility for the same. The hotel
had no fire escapes and was not provid-
ed with means of getting out as re-
quired by the laws of the state, hence 1T
law, which. If enforced. and lived up
TO would have prevented the loss of
life, should be declared no good. 1t Is
learned that the chief reliance of the
attorneys for the defense is that the
law was not properly passed, and that
it contained no enacting clause when
really passed. If this contention Is
true it is a matter of Importance IN
every city of the state. The record
of the BILL is. in brief, this: That 1t
was introduced by Senator Doweil, OF
Polk county, referred to the committee
on cities and towns, reported back to
Senator Mardis with substitute
fire escapes, that the substitute did
not contain an enacting clause and In
this manner passed the senate and
house, that the enrolling clerk discover
ed the error, that Senator Dowell had
Representative Clarke. Of the house
judiciary committee. recall the bill from
the senate, that 1t was properly recalled
and the enacting clause placed In AM
passed and later it came to the senate
in proper form and the house amend
naents were concurred in. The point In
controversy appears to be that the vote
In the senate as finally taken was
yea and nay vote on concurrence and
not on the passage of the bill, there
fore it was not legal vote on the bill.
The bin passed both houses unani-
ssously, not one vote being recorded
fmgainst it. In the senate. on April D,
when the bill was finally passed and
sent to the enrolling clerks. Senator
Trewin was present and voted for the
measure, but Senator Moffits. another
member of the firm which raises the
question of passage. was absent II the
bill failed of passage, the responsibility
therefor is divided But the record APP
pears to be sufficiently clear to give the
bill a proper standing in court. Com
missioner Brigham, who has had
charge of the enforcement OF the law,
so far as it is enforceable, by other than
local authorities. says:
perhaps If they succeed In knocking
out the law, 1t will be good thing, al
Ter all. for that will mean that the next
legislature will pass better bill.
There are some defects which we have
discovered and these could be remedied
in new bill But the very fact that an
effort comes from such direction to
have the law declared void is good
nroof that the law is one very much
needed. II the law was not doing good
it would rot be attacked. But the Cll1-
ton house fire showed, as nothing else
has in this state that just sucn law
is needed, and that it must be enforced.
If there is provision for its enforcement
the law will be greatly beneficial. but
I don't believe they will hnd IL eltner
not pas,ed nor as unconstitutional
In regard to the necessity for better
ment in the law Senator DoWen' the
author of the bill. said:
"rhe law is a good one and is DEM
onstratinp its usefulness. The bill pas
sod hath houses unanimously, showing
Ito nonularity. Senator Maytag had
hin Of similar import but withheld 1t
ga that there would not be conflict. The
amended bill was an Improvement In
that it left off some needless details
which would have made the law cum
bersome. But shall try to have some
amendments to the law that Will stlll
further improve 1t and make IL more
effective. 1t needs more force back OF
it to make it go, and provision for IN
spection and for forcing the owners
of buildings to comply But there are
matters easily arranged as soon as we
And ont what is needed. Here In Des
Moines the law has accomplished Won
dars. for scores of splendid fire escapes
have been placed on the buildings that
were previously without means Of es-
cane Wherever the law has been en-
forced it's good results are seen. 1t will
stay on the statute books and become
stronger and better with the years.
There is no danger of our going back
to the old way"
W. II. ROOD, 1OTHleTly poPuiiSe
member of the Iowa house. now editor
Of a democratic newspaper at Creston,
was in the city yesterday. He said
I'VE believe the right kind of man
can beat Stookey for the senate IN our
district, but we haven't nominated him
as vet. Jerry Sullivan is going to make
a campaign that viii cause the repub-
licans to hustle in this state We will
cut the republican majority down TO
from 10000 to $4,000 this year. II we
get it down to about $4,000 we will be
satisfied Sullivan is a popular man.
one who will make a fine impression
wherever he goes, and you will see that
he will put up the best fighting cam
paign made for many years.
It is learned that the speech which
Mr.. Sullivan is to deliver at Denison
next Saturday is very long one-an
address that will take him three or four
hours to deliver, and that he covers the
whole field Of political questions at one