The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-07-02
QUOTES Law ON
FIREWORKS SALE
Chief Issues Warning to
Dealers and Users of
Fireworks Here.
MANY RESTRICTIONS


fireworks and to those who use them.
II realize it's no use to tell people
not to handle fireworks or to handle
them carefully There will be acct
dents anyhow in spite of all the pre-
cautions which are advised. But we
will enforce the law regarding these
things and if a rigid enforcement of
the state and city ordinance regulat-
ing fireworks will avoid accidents
that's what we are out to do" the
chief said.
The chief also declared that he had
issued orders to every officer on the
force to familiarize himself with all of
the details in the Wisconsin statutes
and the city ordinance regarding the
sale and use of fireworks and every
officer is now prepared to see that the
Law is enforced to the letter, ne said.
Quotes the Law.
'In order that the people who are
not familiar with the law on this sub
ject may become so l urge them all to
study the provisions Of the statutes
and play safe" And the chief went
on to quote the following statutes.
nC law
Section 4398-f, of the Wisconsin
statutes, prohibits the use of dyna-
mite, picrates or chlorate OF potash in
fireworks.
Section 4601-d makes it a misde-
meanor, punishable by fine or impri-
sonment, to deliver any preparation
containing poison to child under fiji
teen years not accompanied by an
adult.
Both wholesalers and retailers are
liable in case of injury to child by
reason Of the sale of contraband fire
works. The court so held in the case
of Pizzo VS.. Wiemann, 149 Wisconsin,
295, involving the liability for the
death of a child using a toy pistol.
The court said: "The original sale was
the initiating cause to which all 9TH
ers tied naturally in proximate rela-
ton"
In case tried in circuit court for
Milwaukee county on April 16, 1925,
damages amounting to $1,000 were
awarded to a nine-year-od boy for the
loss of three fingers resulting from
the explosion of dynamite cap CIV
en- him by an adult.
1t is a common situation among
manufacturers and dealers of fire
works to continue to make and sell
products that are in defiance of the
law in their preparation and contents,
the chief says. In spite of the fact
that the Industrial commission has
furnished wholesalers with a copy of
this chemical analysis they have con-
tinued to sell contraband fireworks.
Commissions Duty and Attitude.
The statutes of this state require
that places of employment and places
of public assemblage be maintained in
a safe condition, and charges the
commission with the duty $50 ascer-
tain, fix and order such reasonable
standards, rules and regulations for
the construction, repair and mainten-
ance of places of employment and pub
lie buildings, as shall render them
SAFE" and further makes it the duty
of the industrial Commission to make
reasonable standards, rules and reg
ulations "for the repair or removal of
any combustible or explosive material,
or inflammable conditions, danger
Gus to the safety of any building or
premises, or the occupants thereof, or
endangering or hindering firemen in
case of fire"
1t should be noted that the jurisdic-
ton of the Industrial Commission is
limited to places of employment, pub
lie buildings and the removal of fire
hazards 1t has no jurisdiction over
public safety and can issue no regula-
tions to control the hazards of fire
works that affect public safety. In
accordance with this limited authority,
the Industrial Commission has prom
ulgated the following order:
Order 6O95-Fireworlzs.
"1 No fire balloons shall be stored,
kept or used, under any circumstances.
"2. The storing, keeping or using
of bombs, skyrockets, Roman candles,
torpedoes, explosive caps, or other
similar fireworks, articles or appli-
ances for pyrotechnic display having
a fire or explosive hazard as great as
any of those types specifically men
toned, shall be prohibited under con-
ditions which subject public buildings,
places of employment, or employees or
frequenters thereof, or firemen to un-
reasonable hazard.
49, Fireworks stored or used un
der the following conditions shall not
be considered prima facie unsafe:
"(a) The storing of fireworks des-,
cribed in paragraph 2 in original and
unbroken packages in suitably isolated
or detached buildings.
abb The use of displays of fire
works described in paragraph under
the organized direction of town or
municipal authorities or civic bodies.
provided such displays do not violate
the provisions of Section 4398-f, of
the statutes, and are held in open
areas detached from buildings or per-
sons to such an extent as to guarantee
reasonable protection.
"(c) The keeping for display or
distribution in closed containers or
under glass of the following fire
works; firecrackers not over two in
ches in length and one-fourth inch in
diameter, colored fire in covered cases,
light torches with lighting ends COW
cred, fountains throwing a display not
more than six feet in height, flower
pots throwing display of not more
than four feet in height, uncolored
sparklers not more than ten inches in
length over all and three-six-teenths
of an inch in diameter"
In this order, the commission has
set forth what, in its judgment, are
reasonably safe fireworks to keep,
store and use, and what constitutes