The Bryan eagle. [volume] (Bryan, Tex.) 1880-1913, 1911-03-30
AN ORDNANCE
Creating the Office Of Fire Marshal,
Prescribing the Duties Thereof,
Providing for Its Maintenance, and
Prescribing Penalties for Viola
lations.

The City Council Of the City of
Bryan, Teaxs, do ordain as follows:
Section l. The Office OF fire mar
shall is hereby created. Such office
shall be independent of other city de-
partments, the fire marshal reporting
directly to the mayor Ind city council.
Such office shall be filled by appoint
ment by the mayor, by and with the
consent of the city council within
ten days after this ordinance shall
take effect. The said fire marshal shall
be properly qualified for the duties of
his office and shall be removed only
for cause. He shall receive an annual
salary OF 100000 payable in monthly
installments, as full compensation for
his services.
Sec. 2. The fire marshal shall in
vestigate the cause, origin and circum-
stances of every fire occurring within
the city OF Bryan by which property
has beer destroyed or damaged, and
shall especially make investigation as
= to whether such fire was the result of
carelessness or design. Such inyesti-
CATION shall be begun within twenty
four hours, not including Sunday, Of
the occurrence OF such hre. Inc hre
marshal shall keep in his office rec
ord of all fires occurring within the
city, together with all facts, statistics
and circumstances, including the
origin of the fires and the amount Of
the loss, which may be determined by
the Investigation required by this ordi-
nance. Such record shall at all times
be open to public inspection.
Sec. 3. The fire marshal, when in
his opinion further investigation is
necessary, shall take or cause 10 be
taken the testimony on oath OF all
.Aersons supposed to be cognizant OF
&ny facts or to have means Of knowl'
edge in relation TO the matter as TO
which an examination IS herein re-
quired to be made, and shall cause the
same to be reduced to writing and II
he shall be of the opinion tnat there
Is evidence sufficient to charge any
person with the crime or arson, or
with the attempt TO commit the crime
of arson. or of conspiracy to defraud,
or criminal conduct in connection with
such fire, he shall cause such person
TO be arrested and charged with such
offense, or either of them, and shall
furnish to the proper prosecuting at
torney all such evidence, together with
the names of witnesses and all OF the
information obtained by him, includ-
ing copy of all pertinent ana mate
rial testimony taken in the case,
Sec. 4. The fire marshal shall have
the power to summon and compel the
attendance OF witnesses before him TO
testify in relation to any matter which
is by the provisions of this ordinance
a subject of inquiry and investigation,
and may require the production OF any
book. paper or document deemed per-
tinent thereto. The said fire marshal Is
hereby authorized and empowered to
administer oaths and affirmations TO
any persons appearing as witnesses
before him, and false swearing in any
matter or proceeding aforesaid shall
be perjury and shall be punished as
such. Any witness who refuses to be
sworn, or who refuses to testify, or
who disobeys any lawful order OF said
fire marshal. or who falls or refuses
10 produce any book, paper or docu-
ment touching any matter under eA-
animation, or who is guilty OF any
.contemptuous conduct after being sum-
Smoned to give testimony in relation
TO any matter under investigation as
aforesaid shall be deemed guilty OF a
misdemeanor and it shall be the duty
OF the fire marshal to make complaint
against said person or persons so re-
fusing to comply with the summons
or order of said fire marshal before
any justice of the peace, police magis-
trate. or in any court OF record within
the city, and upon the filing OF such
complaint. such cause shall proceed in
the same manner as other criminal
cases, and upon conviction any such
person guilty of violation of the pro-
visions of this ordinance shall be fined
in a sun not exceeding twenty-five
dollars (S25.00); provided, however,
that any person so convicted shah
have the right of appeal. All in
vestigations held by or Under the d.
rection of the fire marshal may, in
his discretion, be private, and persons
other than those required to be pres
ent may be excluded from the place
where such Investigation is held, and
witnesses may be kept separate and
apart from each other and not allowed
to communicate with each other until
they have been examined.
Sec. 5. The fire marshal shall have
the authority at all times of day or
night, in the performance of the duties
imposed upon him by the provisions
fof this ordinance, to enter upon and
examine any building or premises
where any fire has occurred, and other
buildings and premises adjoining or
near the same.
Sec. 6. The fire marshal, upon COM
plant OF any person having an interest
in any building or property adjacent,
and without any complaint, shall have
right at unreasonable hours, for the
purpose of examination, 70 enter into
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