The New York herald., 1922-03-16
Denounces Laxity of Super
vision by the Building
Department.
WIDE CHANCE FOR GRAFT
Inhuman Carelessness Seen
and Charges of Manslaugh-
ter Are Recommended.

Chief Magistrate William McAdoo
made scathing arraignment OF the
supervision Of Brooklyn building oper-
ations when he reported yesterday on
the collapse Of the American Theater,
at Bedford and Park avenues, Brook
lyn, in which seven men lost their
lives last November. He said that he
was willing to entertain a charge of
manslaughter against four men. They
are:
Sylvester Rosenthal and Samuel
Moskowitz, owners and directors of
the building operation.
Joseph Gaydica, contractor in charge
Of the steel construction.
James M. Finlay, an inspector OF
iron and steel, but not an engineer,
attached to the staff of the Superin-
tendent of Buildings.
Finlay and Gaydica were arrested
yesterday afternoon at their homes and
held by Magistrate Mortimer S. Brown
in $4,000 ball each for hearing on Sat
urday. Rosentflal and Moskowitz were
already under similar bail pending the
outcome of Magistrate McAdoos John
Doe investigation.
Assistant District Attorney Benjamin
| T. Hook, who with District Attorney
John Il. Rushton conducted the investi-
cation. said last night 1t had not been
determined whether Magistrate Nc
Adoo's findings will be submitted d.
rectly to the Grand Jury as a basis for
a request for indictments. as Magistrate
McAdoo points out may be done. or
whether new testimony win be taken at
another Magistrates hearing with the
men named as defendants.
Inspectors in a Rut.
The chief points brought out in Magis-
trate McAdoo's report are that:
There was no. architect In charge OF
the work.
There was no competent supervisor.
There was no approval plan for the
steel work
There was no official perm,. allowing
It's erection
"Such laxity where human life de-
pends is hardly believable." the report
| concludes. "Charitably assuming that
these men were not being corrupted by
a bribe or doing favors for friends, the
| conclusion is unavoidable that for many
years past in the Borough OF Brooklyn,
whatever It may be in other boroughs.
these inspectors (of the bureau Of build
! ings) have fallen into a rut Of depend
! ing on their own assumed knowledge OF
| buildings, superficial and hasty inspec-
ton, and an entire dependence on chance
/ and a sole regard to their own con-
venience and without consulting the ap-
proval plan or waiting for the Official
permit.
.sIt is beyond doubt that under the
present lack OF system and rules the
opportunities for bribery and graft are
not those to which low salaried men,
with no equipment but general expert
ence as mechanics, should be sub
+! jected
''Moskowitz. n theatre man who had
once been plumber. was head man.
and gave instructions TO those engaged
in doing the work. He and his partner
were in and about the building during
most of the time that work was under
way. Moskowitz and Rosenthai evi-
IDENTIFY had In mind three things: to get
the building as cheaply constructed as
possible, to have an auditorium that
would hold the largest number of peo-
pie and to hasten the time when they
would BE- able to open the theater."
I'll Objections Were Filed.
Tt developed in the testimony that
subsequent 10 the preparation Of plans
for the roof drawn by a professional
engineer the contractor. Gaydica drew
new set, technically called an
amended set. Examiners OF the Bureau
or Buildings made twenty-one obiec-
tions to the Gaydica plans and attached
them to the official papers. With these
objections filed the Gaydica plans were
not approved until November 2, 1921.
when the work was practically com
pleted. The system OF inspection that
permitted the work to go on without
formal approval was severely con-
demned by the investigating Magistrate.
Here was building" the report
goes on. Ito hold 1860 people. whose
safety depended upon the stability of
that roof. and that was being erected
on plans that had been seriously OBJ
iected to by the examiner in the office
OF the Superintendent OF Buildings and
were never approved until the work was
completed. and what work was done
upon IL was under plans which had
never been submitted for approval.
THE Inspector (FinlayD says II is Gus
tomary TO permit buildings like this
and under these circumstances TO 20 on
until the work Is completed. and then it
the approved plans arc not complied
with TO see TO II that the changes are
made. The Superintendent OF Buildings
says he never knew about this build
ing until y collapsed and that tho arec-
ton OF this steel work should have been
stopped by the Inspector"
n was said at the office Of Borough
President Julius Miller yesterday that
the work Of inspecting the theater
buildings OF Manhattan ordered b.
Mayor Hylan after tho Knckcrbocker
Theater disaster in Washington was
virtually complete and that no serious
violations OF the building code had been
found.
RECKLESS CHAUFFEUR FINED.