Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-01-28
EXON[RA1ES MAYOR
Chicago Executive Is Declared
by Judge Tuthill to Be
Guiltless
HARRISON MAKES A STATEMENT
Judge TuthilI Declares Mayors Ar
rest Upon a Mittimus Issued by
Coroner Traeser to Be an Unjust
Stigma Placed Upon Him-NesIisent
In no Respect Regarding lroquois
Fire.

Chicago, Jan. 2s-Mayor Carter H.
Harrison was released yesterday on a
writ of habeas corpus by Judge Richard
S. Tuthill, who said that the mayor, in
his opinion, could not be held legally
in connection with any responsibility
for the loss of $40 lives in the lroquois
theater fire of December so.
The Judge declared that the mayor
was in no way guilty or liable, and that
the coroners jury, in ordering Mayor
Hassison held to d grand jury, had put
an unjust stigma on the mayor. Mayor
Harrison had been constructively ar
rested on mittmus issued by Coroner
Traeger. This warrant was served IN
the mayor Tuesday.
Following his release, Mayor Harrl
son made the following statement 20
the Associated Press:
Harrison's Statement.
The only possible feature which the
jury was able to find, connecting me
with the 1roquois fire disaster. was the
alleged negligence and incompetency
of my appointees. Fire Chief Musham
and Building Commissioner Williams.
want to call attention to the fact that
Chief Musham has been connected with
the Chicago fire department for forty
years. beginning at the bottom of the
ladder and winning his way to the po-
sition of assistant chief. by the gallant
and heroic conduct OF lifetime. Up
on the retirement of Chief Swenie app
pointed Musham chief. The appoint
ment was strictly on merit and met
with unanimous approval When the
position OF building commissioner be-
came vacant last summer Invited the
Builders club, the Association of Arch
fleets and various other non partisan
professional organizations, to nominate
the best available man for the vacancy.
They named, in nominating Mr.. VIII
liams. republican, and gave me the
strongest testimonials to his character
and efficiency. appointed him, and he
entered most earnestly upon his duties.
The imputation OF guilt upon these two
men is entirely unjustifiable, but 10
strike at me, over their shoulders, is
little short of infamy.''
Mayor Not Negligent.
In delivering his opinion Judge Tut
hill said:
L have gone over the testimony IF
Fire Marshal Musham and Building
Commissioner Williams. and the mayor
and l say without qua
ification or hesitation that l find not
one word in the evidence, so far as
have examined 1t. which tends even re-
motely. in my Judgment, to show that
the mayor had any knowledge of this
matter or that he was in any respect
negligent OF any duty imposed upon
him by the laws or by the rules that
commonly apply to persons who are
responsible for the safety OF others.
Il find that he instituted thru his
Office an investigation of the the
aters OF Chicago, as has been stated,
and that report was made from the
of buildings that there
was none of the theaters of Chicag,
that was absolutely in compliance with
the law, or the ordinances of the city:
that is now well known.
Il find that an order was introduced
in the council on Alderman Novah's
motion. suspending the enforcement OF
the penalty attached to the having OF
tlleaters that were not in compliance
with the ordinances, pending an in
by the city council, AMI
that this report was sent in promptly
by the mayor to the city council. and
that the council promptly referred 1t
as was proper and orderly. and in the
usual course OF proceedings, to q, COM
nittee OF the council, the judiciary
and that committee in the
same proper and orderly course OF pro-
seedings referred that report to n SUBJ
which had the report print
ed for the information OF the council, |
For the information of the people. and
FOR the information OF the officials Of |
he city in particular.
Did His Duty.
Nov, in so acting he was not negli- |
gent in any respect. He did his duty.
It is not for the mayor to pass ordi-
nances. and 1t was not for MIN. simply
upon the report of the conditions then
,xisting as 1t appeared to him. to say
hat during all the years that were
,ast, this ignoring of the provisions
" ordinances would justify him in
losing up the theaters. all the the
rters; because the report covered all
If them. 1t would have been taking
responsibility that would have
brought universal condemnation upon
he city government; 1t would have
,een said that 1t was not necessary
o be SO harsh, SO severe. that some
discretion was allowed or would be
Flowed under the circumstances to the
ity. and hence find that the mayor
lid what any mayor would have done.
rhe most careful and cautious man
hat could occupy the mayors chair
ould not have done more than
lie old
Il find that there were gross viola
Ions not only OF the city ordinances
Tut OF common rules of safety that
nybody without any expert knowl-
dgc would have said We're absolutely
ssenttal at the Iroquois. But how the
mayor, who is simply at the head of
he city government, could be held re-
ponsible for any misconduct on his
art, in view of this evidence, I can
ot conceive. 1t seems to me it would
ave been just as reasonable to say
hat because an insane asylum was .
urned that the governor could be ,
ED over by a coroner's jury for being
4