The San Francisco call., 1907-02-21
Works Board Sponsor
for the Firetraps
Grand Jury Places Responsibility and
Commissioners May Be Indicted

Responsibility for the construction
and operation of firetrap theaters in
violation of city ordinances is to be
placed with the BOARD of Public Works
by the Grand Jury and Indictments
charging conspiracy to break the law
may be brought against the three
Commissioners, President George Duff
fey, Edward Afgeltinger and Thomas
Egan.
At the hour when the Grand Jury
was determining the culpability of the
Works Board yesterday afternoon that
body with great JUNCTION and sOlemn1ty
adopted comprehensive resolution
freeing itself of all blame and crown
ing Secretary Louis Levy and Mayor
Schmitz with the obIoquy of having
permitted pIayhouses to be constructed
which are a menace to patrons.
The opinion of the Grand Jury was
reached after a long investigation and
was expressed by Foreman B. P. Oliver
when the body adjourned last evening
to meet again on Tuesday next
THEATERs MAY BE CLOSED
AS result of the jury's decision and
the lodging of responsibility by the
Board of Public Works the dangerous
theaters may be closed. The board
suddenly grown cautious, adopted a
resolution instructing the Tax Collec-
tor that certain theaters were existing
without permit. President Duffey took
water like a duck, admitting that he
had ordered Secretary Levy to issue
permits for the places which were
violating the ordinances, but agreeing
with his colleagues that only Levy and
Mayor Schmitz should be held respon-
cfl f0r II fra
ing of the Board of Works was that
permits for the deadly Davis and the
Empire and the Novelty were issued
by the Mayor and that Secretary Levy
was to blame for the existence of the
Colonial Mission, Wigwam and Van
Ness.
The chief building inspector was In
structed to stop work on any theater
building on which the ordinance was
being violated ruling which may
prevent the opening of the Van Ness.
ALLEGED CONTRACT DODGING
In addition to the theater problem
the Grand Jury commenced an inquiry
yesterday into the action of the Board
of Works in having allowed the Bar
ber Asphalt Company TO withdraw
from an Improbable contract on
Montgomery street and continue an
easy Job on Sixteenth street. The
contracts with the board, one to re-
place pavements removed where sewer
work is being done, the consideration
being $4,000, and the other to repair
streets at a cost of $4,000. Payments
are made progressively. The Grand
Jury is investigating the relations be-
tween the company and the city, on
the suspicion that the Barber Asphalt
men have a sub rosa agreement with
the Board of Works that they shall not
be forced to perform any work at a
loss The subject was taken up while
Secretary Louis Levy was on the
stand.
John Horgan, chief building inspector
of the Board of Works, was the first
witness examined by Assistant District
Attorney Francis ]. Heney. He said
that he had made no report to the
board or to Secretary Levy on the Van
Ness Theater, permit for which was
issued by Levy at the inspiration of
President Duffey. Horgan explained
that reports were made only build
ings which complied with ordinances
tention to legal construction were not
considered by the inspectors.
DAVIS IDEA OF SAFETY
E. E. Howell. proprietor of the Cen
trail Theater, testified that he had pro-
cured a proper permit from the Board
of Works for his theater and a license
from the Tax Collectors office.
Melville Marx of the Van Ness The
ater, or New Columbia, as it is some
times called, had been subpenaed. but
did not testify; neither did Martin
Kurtzig of the Colonial Theater. Super
visor Sam Davis, whose theater is con-
sidered the worst of thes firetrap play
houses, was allowed to await the pleas
ure of the jury before appearing in