New-York tribune., 1910-05-24
TOWNS LIFTS HIS voice.
Mirabeau [. Directs 'Land of
the Free" Talk Against Gaynor.
MAKES EAGLE SCREAM
Outrage to Interfere with Sale
of Fireworks-He Is the
Counsel for Sellers.

Mirabeau l. Towns, one of the origina
Gaynor men, and known as the poet-law-
yer has drawn the line of his support ot
the Mayor Oh the proposition of the sale OF
fireworks
Neither rosrs from the rotunda of the
City Hall nor the playing Of the Commits
sioner's fiery hose upon him, he said yes
| terday, should deter him from lifting ur
his voice in the wilderness and crying
aloud that In the ukase Of the Fire Com
missioner issued on Saturday some cne
supposedly a servant of the people had
become extremely self-sufficient.
That is just why Mr.. Towns talks, too
when he comes to a decision, and on this
matter his manner indicated that he nad
fully made up his MIND.
He had been friendly with the admins
tration, Mr.. Towns admitted. and also he
acknowledged that he was in no doubling
frame of mind IS to who had really in
spired the order, which was signed ty
Rhinelander Waldo, Fire Commissioner
and which said that no permit for the sale
Of fireworks at retail between June 10 and
July. TO- 1910, shall be issued in any build
ing which is wholly or in part occupied OF
used as a dwelling or tenement house, or
in any store or building which is not
equipped with an approved system OF au-
tomato sprinklers''
Mr.. Towns knew, too, that Mayor Gaynor
had written his, approval on the resolution
Of the Municipal Explosives Commission
or which resolution Commissioner Waldo's
order was based. but. just the same he de-
bounced the whole proceeding as a subter-
fuge, a lawyers subterfuge, 10 circumvent
the law as laid down In Section 764 Of the
charter, which specifies that the sale OF
fireworks between June 10 and July 10 shall
be subject to reasonable conditions to be
imposed by the Fire Commissioner.
I'VE may allow ourselves to be told what
hours We shall do business, and what
shows we shall see," said Mr.. Towns yes
terday, but when it comes to telling some
of US that We shall not sell the uerchan-
disc which we have bought, and on which
we have paid duty to the United States, l.
for one. will lift up my voice.
In behalf of three members of the Retail
Fireworks Dealers Association. who had
applied for permits, and whose applications
had been denied. Towns & McCroSsin ap-
piled for writ of mandamus against the
Fire Commissioner yesterday to Justice
Mccall. The order to show cause was
made returnable on Wednesday morning
and Commissioner Waldo forwarded the
papers to the Corporation Counsel.
Mr.. Towns declared that the original
order OF April 1e, in which the Commits
sioner announced that no permits for The
sale Of fireworks at retail would be grant
ed, was overriding the Constitution, as well
as the state law.
, We thought we would draw the atten.
ton Of Mayor Gaynor to the autocratic and
unconstitutional provisions of that order,
said Mr.. Towns. land we did SO, but il
would appear that in the light of suhse-
quent events our point vas not well taken.
because Immediately after that meeting
was called of the so-Called Municipal Ex-
plosives Commission. which, though il ls
really functus ofhcio. passed a resolution
which sought in true IaW-breaktng spirit to
defeat the plain provisions Of the statute
and prevent fifteen hundred merchants
from selling their goods
And all that because it didn't suit the
authorities who wish to usurp control of
cur Fourth of July in this city.
so they passed, no doubt with great unc-
tion, and with much satisfaction to theri-
selves, this unreasonable resolution, on
which Commissioner Waldo's latest order
is based. This order is monumental for its
tricky and cunning errort 10 nod1Iy the
law 1t would have been more artistic and
celebrated IL they had said that nc permit
would be issued for the sale of fireworks
except in e balloon, or on the top story OF
the Singer tower, or the Metropolitan shaft.
That at least would have been humorous,
and would have taken some of the petit
fcgging features out Of the order
As to the police regulation regarding the
explosion of fireworks Mr.. Towns said he
had no complaint That would be perfectly
right and proper; but the selling was diff
ferent proposition. and, as Mr.. Towns put
il, he intended to ventilate the matter in
the Supreme Court and find OUT wheth er
the Commissioner "and other dignitaries"
were in reality servants of the people or
something else. Also, he said, he was IN
terested in learning whether this was 10 be
z government OF laws or of men.