The San Francisco call., 1907-02-21

the witness room Davis amused him
self by sitting in the lobby and explain
ing that no patrons OF his place or
amusement were in the least danger OF
cremation, because the Davis Tneater
was erected in June, fifteen days before
the building ordinance went into effect.
The jury took recess in the after
noon and went to Judge Coffey's court
to return an Indictment for embezzle-
ment against Parsons Kelville, the one
time cashier of Livingston Bros, who is
accused of having taken $755 belonging
to the firm. He is under arrest in
Brooklyn
On its return to the jury room, Louis
Levy was examined. He said that he
had issued permits for the Colonial,
Mission. Wigwam and Van Ness thea
ters on the recommendation of Pres
ident Duffey. Heney and Levy had
tilt over the legal right OF the latter
to issue such permits without an order
from the entire board sitting at a
meeting. Levy maintained that he had
to take orders from the Commissioners
and had no power TO exercise discrimi-
nation.
MAY SUE COMMISSIONERS
IF any such permit is issued in the
future" warned Heney, Il shall bring
suit against the commissioners to
forfeit their bonds for misconduct in
office"
Levy was instructed by the jury to
prepare a report on the chimney in
spection bureau, which flourished so
extensively after the day of tumbling
chimneys He said that the fees re-
ceived for the inspection of chimneys
went into the general fund. and the
inspectors were paid out of that ac-
count.
Chester Keogh, assistant secretary of
the Board of Works, a civil service
appointee, identified records of the
board aud Deputy Tax Collector Miller
presented d additional records Of his de-
While the Grand Jury was meeting in
Native Sons Hall the Board of Public
Works was busily applying a coat of
calcimine to its official personnel. When
1T had finished 1t simulated clear con-
science
President Duffey had the grace to ad
nit that he had instructed Levy to
issue permits to Wigwam and Van Ness
theaters, but the board absolved him
and itself by passing the resolution to
the effect that the Tax Collector be
notified that the records of the board
did not show that permits were ever
issued to those places, or to the Empire
Lyric, Novelty, Colonial, Mission, Ma
tional and Central.
TEXT OF THE RESOLUTION
The resolution of the board follows:
Whereas The Grand Jury has officially d.
rected the attention of this board TO the
1stence of certain buildings constructed subse-
quent to the calamity of April 1S 1906, and now
being used for theatrical and operatic purposes
the construction of which for such purposes be-
Ing held yiolative of the provisions of ordinance
No 81 governing the construction of all theaters
thereafter constructed:
Whereas No permits required by such or
dinance at any time issued by this board
or by Its authority for the construction Of said
buildings;
Whereas No approval In writing of the con-
struction of said buildings at any time
officially declared by this board; therefore be IL
Resolved, That the chief building inspector be
directed to cause 10 be stopped the construction
of any building intended be used for theatri-
cal purposes which violates the provisions of
said ordinance.
Resolved, That the secretary of this board he
directed to notify the Tax Collector that at no
time did the Board of Public Works authorize
in writing the construction of the following
buildings now being used intended to be used
for for theatrical purposes known and designated
The Empire The Lyric The Novelty
The Colonial The Mission '.The wigwam, .
The New Columbia The National and ''The
Central"