New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-04-13

Bureau of Buildings. We figured out the
other day that there we're five depart
ments In the city having control over
fire escapes and appliances at one time
or another in the life of building. Al
the time of its construction, OF course
II comes under the Building Bureau
After that II may he the duty or -FOUR
other departments to see that nre ap-
planes are maintained properly.
Sometimes" continued Mr.. Gibson, IL
seems to be the duty of none. There IL
nothing In the law to compel an inspec-
ton of some classes Of buildings In the
city. but the law nevertheless empowers
certain departments to make such inspec-
lions. and II seems to me that moran
obligation to make them Is thereby I'M
piled.
Look at the Fire Department now
IL is cIamoring for authority over pro-
vision against fire. And If Commissioner
Williams were given what he wanted ne
would be able to order anything on any
building in New York. There Is the
same appeal for authority from severai
other sources Well. no one ever denied
them the authority TO inspect. why
didn't some of them make use OF that
before?
There ought to be bureau when
shall have full power over all matters
relating to safety from fire. When II
comes to compelling an owner TO go 70
great expense-as, for instance. In the
installation of sprinklers-the authority
to do that should not be vested in one
man. but should be given to bureau OF
experts. 1t Is a matter which should not
be settled too hastily. A means must be
devised to prevent such happenings as
occurred in the Asch Building. but at the
same time it must be seen that too abb
| trary a power over property owners lie
not given into the hands of one man."
Plans to Quash indictments.
Max d. Steuer. Of No. 10 Broadway
counsel for Isaac Harris and Max
Blanck, proprietors of the Triangle
Shirtwaist Company. who were indicted
for manslaughter in connection with the
loss of life in their factory. said yester-
day that he did not believe his clients
would ever he brought to trial. He wa:
Of the opinion that the necessity OF
trial would be eliminated, because he felt
confident that he would succeed in hav-
ing the indictments quashed.
Though / have not gone into all the
details Of the case yet" said Mr.. Steuer
Il believe that the sections under the la
Dor law as applied to these indictment:
are unconstitutional. The District At
torney obtained the indictments on the
theory shat the defendants failed 10 keer
he doors of the factory unlocked during
working hours. which. if true. would
constitute a misdemeanor under The
la Dor law, and, as loss Of life resulted
during the alleged committing of the
misdemeanor. the crime would amount
to manslaughter. according TO the Dis
trict Attorneys Interpretation OF certain
sections Of the penal law. / do not be-
lieve the use and relation of the two sep
arate laws as applied in these indict-
ments is at all applicable in such case
However if they are applicable, any
apprehension | might have as to the
outcome for the defendants is relieved, a:
in that case the law is clearly uncon-
stitutional. in my opinion.
NO labor law would be constitutional
which sought to prevent any one from
reasona bly, protecting his own property
The law as read into these indictments
seems to do that. It does not appear tc
me to have been an BILE
method for this firm. or any other firm
70 have had the doors closed at the end
of the working day and the employees
pass ont certain entrance in order that
search might be made for property
which may have been stolen. The mem
bers of the firm could not possibly an
ticipate that fire would occur at just
that time. and therefore no criminal in
tent could be shown from such a custom
if they did adopt it. The theory of pre-
sumptive criminal intent is not anal
agous in this case with that of the
burglar who, in the act of committing
burglary, takes life and is held respon-
sble for the more serious crime. though
he may have had no intention 10 commit
murder
In the final analysis Of the case Mr..
Steuer said he did not think 1t would be
possible to hold his clients on more
serious charge than that Of committing a
misdemeanOr