The Montgomery advertiser., 1904-01-28
HARRISON Is RELEASED
CHICAGo'S MAYOR FREED BY
 JUDGE TUTHILL.
Decison Declares That an Unjust Stigma Had Been Placed on Win dy City's Mayor by the Yer
 dict of the Coroner's Jury.

Chicago, Jan. 27.-Mayor Carter Harri- son was this afternoon ordered by Judge Richard W. Tuthill, to be Immediately discharged from custody without any re- sponsibility for the wholesale loss of life in the Iroquois theater fire.
 The judge declared that the Mayor was in no way whatever guilty or liable, and that the coroner's jury in ordering May or Harrison held to the Grand Jury had put an unjust stigma upon the Mayor. who had failed in no particular what ever either in omission or commission
 Following his release Mayor Harrison made the following statement to the As- sooiated Press: s s.E, p, "The only possible feature which the jury were able to find connecting me with the Iroquois fire disaster was the al- legged negligence and incompetence of my appointees Fire Chief Musham and Building Inspector Williams. I 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 position of assist ant chief by the gallant and heroic con- duct of a lifetime Upon the retirement of Chief Swenie, I appointed Musham chief. The appointment was strictly on merit and met with unanimous approval
 When the position of building commits sioner became vacant last summer I in- vited the builders club, an association of architects and various other non-parti- san professional organizations to nomi- nata the best available man for the va cancS. They named MT. Williams, a Republican and gave me the strongest testimonials to his character and effcien- cy I appointed him and he entered most earnestly upon his duties. Both of these men were considered ideal appointments. The imputation of guilt upon those two men Is entirely unjustfiable, but to strike at me over their shoulders is little short of infamy."
 In delivering his opinion, Judge Tuthill said:
 T have gone over the testimony of Fire Marshal Musham and Building Commis- sioner Williams and the Mayor particu- larly, and I can say without qualifica- ton or hesitation that I find not one word in the evidence so far as I have exam ined it which tends even remotely. 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
 "I find that he instituted through his office an investigation of the theatres of Chicago as has been stated, and that a report was made from the Commissioner of Buildings that there were none of the thea res of Oh cago that was absolutely
 in compliance with the law or the ordi- nances of the city; something that is now well known.
 ''I find that an order was introduced I motion providing for the suspension Uf endorsements of the penalty to theatres | that were not in compliance with the or dinance pending ar investigation by the City Council and that this report was sent In promptly by the Mayor to the City Council, and that the Counc.l promptly referred 1t as was proper and orderly. and in the usual counrse of pro- ceedlngs to a committee of the Council, the Judiciary Committee, and that that committee in the same proper and or derly course of proceedings, reported 1t to a subcommittee which had the report printed for the information of the Coun- ciI and for the information of the ofh cers of the city in particular. Now, in so acting he was not negligent lu any re@ spect.
 Ut is not for the Mayor to pass ordi- nances. and it is not for him. simply upon the report of the conditions then eH stihE as 1t appeared to him. to say that ourlHs all the years that were passed ms lsHo'
 ing of the provisions of the ord nanc,
 would justify him in closing up the the atres. all the theatres-because the report
 covered all of them. It would have been | taking a responsibility that would havH brought universal condemnation upon tn" city government
 "I find that there were gross violations
 not only of the city ordinances. but O common rules of safety that anyo'u without a,y expert knowledge would have said were absolutely essential al
 the Iroquios But how the Mayor, wac
 is simply at the head of the city gov ernment could be held responsible To.
 any misconduct on his part in view or
 this evidence. I cannot conceive. The
 order of the court will therefore be tha
 the petitioner be discharged from all GUS
 tody on account of this finding of the ] coroner's jury