South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-01-26
GRAND JURY MAY NEXT
TAKE HAND IN PROBE
Fixing Responsibility for Four
Deaths Caused Will Follow
Decision of COrOner-ProSe-
CutOr'S Office to Act.

Faulty remOdeline. involving ineni-
cient basic support and improper SCI
ting of the posts that lined the cen:er.
of the new independent five and ten
cent store, I'm the ShIvely- Homer. buiId-
ing, 1i2-114 :. Michigan 81, which col
lapSed Jan. >. l. suggestively blamed
for the four deaths that resulted from
the catastrophe. according TO the re-
port of the Goetz investigating com
mission filed with Mayor Fred W. Kel-
Ter Monday morning
The commission carefully avoids eN-
pressiOns OF opinion or in 50 many
words fixing the responsibility upon
any particular person or set OF per
sons, confining itself To statements of
fact anu conclusions thereon as 90 the
technical responsibility for the wreck
Neither is any reference made TO the
four deaths chargea bic against the
catastrophe, according to Chairman g.
4. Farabaugh OF the commission, "the
liking of such responsibility being up
TO Coroner Swami. We have found
what in our judgment caused the
building to fan, and that fulhls our
commission.
The findings as filed carried with
them large number Of exhibits, sup
porting the facts stated in the L
pages of closely typewriter report. it
appearing that after all the evidence
taken. the real story was told after the
debris had been removed from the
site Of the wrecked building, including
numerous portraits taken while the
removal was going on.
Commission Public Spirited
Chairman Farabaugh upon deliver
ing the report remained with Mayor
Keller for more than an hour. going
over the various phases of il.
H.. Al.
commission would be. the chairman
replied that there would be no charge
for their services, the work having
been undertaken in genuine public
spirit, and that the only expense in
volved would be the charges OF the
stenOgrapher in taking down the testi-
mOny, etc. Of the photographer in
taking some pictures. and Of a Purdue
university professor for making a test
Of some brick.
The commission consists OF O. A
Farabaugh, chairman, City Engineer
". s. Moore. City Atty. Eli F. Seebirt.
Fire Chief T. ". Sibrel. Architect Geo.
W. Freyermuth and Ernest Young.
Contractors Chris Fassnacht and II. A.
Christman. F. +. Powell Of the Indi-
ana Fire Inspection bureau.
Thank the commissioners in be
half Of the people Of South Bend. for
their generosity" was Mayor Keller's
message in reply. we will gladly at
tend TO those bills" The report in the
hands Of the mayor Will be turned
, over 10 the building committee in
charge Of the framing OF a new build-
ing code for the city. and will like
wise be available for use 70 the pros
ecuting attorneys office, and 10 Cor
Oner Swantz. If desired. The report
Is accompanied by a typewriter verb
atm statement OF all the testimony
taken before the commission.
May Go TO Grand Judy.
II was stated at Prosecutor Mont
gomery's Office Monday that the report
might be called for for use before the
February grand jury. The department
ment of justice. however. viii await
the findings az to responsibility 70 be
made BY Coroner SwantZ before taking
the matter M in an official way. It
is understood that the coroner has his
investigation quite completed. and his
findings may be filed in a few DAYS.
According 20 Deputy Prosecutor
schwartz the interest Of the prose
cutor's Office is limited 10 who is re-
SpOnsible for the deaths OF Wilbur
Churchill, Del Hibberd. Ling Mine.
and later as approximate cause. for
the death Of Theodore Metzger. These
are the individuals killed by the col
lapse. and dying from their injuries
"All we can do" saws the deputy
prosecutor. ''is TO put an the evidence
we have at hand up IL The grand jury
and let them indfct whom they viii.
The CIilt may rest with the owners,
the lesses, the architect or the con-
tractor, or with all OF them. in pro
portion 70 their gross or criminal neg
ligence. Some may be indicted and
some not, and all Of them together.
or none n all. according as the grand
fury sees IT.
Under such ruling the administra-
CONTINUED on PAGE NINE.)