New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-11-10
Flaw in Industrial Code,
He Testihes, EXempts
Five Story Buildings.
INSPECTORS WORK
NEVER CHECKED UP
Bigger Staff Only Guaranty,
Commissioner Says. Against
Repetition of Disaster.


lyn, yesterday. leaned the black charred
Trap door. with the bolt that could not
no urfastcued. The sleeve Of Jamcs i.
lynch state Industrial Commissioner.
almost brushed The relic IF the Will
iamsburr factory fire Of last Saturday
as he took the stand ir the investiea-
ZION called by Ernest c. Wagner Cor
oncr o. Kings County. 20 fix the re-
sponsibility for the death Of twelve
Under the questioning Of District At
,orney Cropscy the Commissioner ad-
uitted curious discrepancy in the
statutes and the industrial code re-
es,diue five story buildings. testified
,hst tho inspector had failed TO report
nor-cornDuance with the orders Of the
Commission % regard 90 the factory
which burned. and admitted the serious
need Of comprehensive system 20
check the work Of the inspectors.
At the opening Of the inquest the
courtroom was already full, owing to
.5e large number OF witnesses under
subpoena. Many were serious-faeed
factory women and girls, awaiting their
turn n relate the experiences Of those
Tho were saved. and several relatives
Of the victims. in deepest mourning
cat in silence and cast furtive glance,
~ tho black CHARGED door Three fire.
men we're present .n uniform.
tive s,or, Building Exempt.
4 pecIa! jury. drawn by the Coroner
consisted Of Charles l. Wen&e. fore
nan: Cortland S. John. Royal NJ. Wal .
lace. Robert J. Dickey, William +. Rel
yea. Philip p. Fitzsimmons. Morris
Wright. Louis Hcit and Caspar OFT.
Three men. Clinton P. Hamilton, Henry
= Woltmann and John Raub, were ex-
cused because Of business relations and
acquaintance.
Joseph Goldman. of 4e3 Rodney ,
street. was the FIRST witness. He was .
81 brother-iu-law OF Celia Brooke, .
rineteen-year-old victim, and testified
that ne had identified her body after
tho fire. Then Commissioner Lynch &
after signing a waiver OF immunity .
was called 10 the stand ana occupied u .
FOR tho remainder Of the day session. 4
District Attorney CrOpsey began by .
interroCating him concerning the duties
81 his department, the regulations OF
tho labor law regarding the nIepfooHhe
of etairyvavs I'm factories and the pre-
cautions against other fire hazards. II /
was then that the commissioner .
brought out in his replies that there
was n defect in the law which made us .
provisions amply 10 buildings o. more /
or less than five stories, but not 10 .
those of just 1--WE stories-the hcighth .
Or the Williams burg factory.
"As Labor Commissioner ne sala'
"mv construction OF the law held I'VE
e+orv building exempt from the law.
brt I.reated II as Il the statutes APP
uFed. Our counsel, Frederick il. Gun
niugham. was in grave doubt as ] re
call II. on the point Of the laws apply .
ing 60 FIVE story buildings.
Lynch Made No Complaints.
Tho industrial code. he continued.
,-se adopted by the commission in No .
venber. 1914. and although law enact 4
ed by the Legislature last spring cor
rected the defect in the statutes con
corning buildings of five stories, IN ms
opinion, the lack OF such a correspond
ING correction in the code still caused
discrepancy.
Turning next 20 the course pursued
nv the commission when its orders
we're not obeyod, Mr.. Cropsey are"
from tho witness the statement mat
% far as he knew no complaints we're
ever made 20 the District Attorney. Mr.
Cropsey then read from the law ~
such direction IS disregarded, lhe
Labor Commissioner shall complain 70
The District Attorney" Commissioner
LYNCH admitted that he had read this
and that he knew the Penal Code made
dieobedience Of the Labor Commission-
orys orders a crime. lie believed that
Counsel Cunningham had begun Grim
inal prosecutions in some cases, put
could not mention specific Instances
Coroner Wagner interposed ques-
ton al this point as 20 the number or
DAYS Of grace allowed factory owner
for complying with orders, and the
witness replied. Thirty Several
other questions by the Coroner as 20
the exact number OF days for various
transactions made the record OF the
inspectors stand out boldly for extreme
fardit-ss. Commissioner Lynch next
admitted that he personally never had
heard OF the noncompliance OF orders
by the owners Of the burned factory
until last Saturday.
No Check on Inspectors.
BY referring to some notes, the Com
missioner traced the history OF the
order issued on January 7. 1918, for
the freproofng OF the interior stair
way. II consisted of nine separate de-
mands which Mr.. Cropsey read In evil
dence from a carbon copy. This copy
however. did not have she space for
the number OF days Of grace allowed
filled in, so they could not be deter
mined In court.
According 20 Mr.. Lynch's memoran-
dun. George A. Rosquist. the inspector
Of the district, made compliance Wis
its" on February o. March II and
2S. and on August 20. Each visit
showed that the order had not been
complied with, and II was not until
August 20 that the case was referred
20 counsel. Asked IL this was the
general rule, the Commissioner said il
was not.
"The rule was" he said In explana-
ton, 80 have the first report Of non
compliance made 20 the supervisor Of
inspectors, and after second report 20
the same effect 20 the supervisor the
matter was then referred 20 counsel"
"Are not inspectors supposed to re-
port forthwith" interposed Coroner
Wagner.
ayes" replied Lynch. who then add
ed that in his opinion the inspectors
had too much territory 20 cover.
Couldn't an inspector take one or
two months before turning in his re-
port OF noncompliance ~ asked the
Coroner