have been allowed, but the appropriation denied, also five magazine inspectors, an assistant cashier to aid in handling the work in connection with said license fees, four confidential investigators especially for investigations into incendiary fires in the nature of a secret service, a correspondence and index clerk, five violation. inspectors and a confidential clerk of investigations. With such a force the Department would yield greatly enhanced benefits to the State. The financial conditions would improve in every direction, in the matter of boiler and magazine fees alone. Then too, the saving in the loss of property through successful investigation and prosecution as to incendiary fires would be enormous.

There is, however, a phase of the situation which may well appall every citizen of the State. I refer to the public instituttions in charge of the hospitals, charities and prison commissions. They are in a deplorable and most dangerous condition from a fire point of view.

My records show their inspection by my inspectors and defects and I have repeatedly called attention to their condition.

Those in charge concede the facts but state that they applied for appropriations and have not been granted them. I call attention to this condition of affairs in order that should a disaster occur, the blame would not be laid to the doors of this Department.

The injustice done to this Department in refusing it necessary help and appropriations is most marked by way of comparison. The Labor Department has 83 inspectors, 10 mercantile inspectors, 11 special investigators, 10 special agents, 8 supervising inspectors, 2 confidential agents, a medical investigator, an assistant mediator and a large office force in keeping with the work turned out by such a staff. Yet they only cover factories while this Department must inspect asylums, hospitals, schools, churches, halls, theatres, amphitheatres and all other places in which numbers of persons work, live, or congregate from time to time for any purpose and the institution and supervision of fire drills in such premises.

I have several times addressed the Civil Service Commission in the premises. I had also addressed the New York State Factory Commission when legislation affecting this Department was under consideration.

I had called attention to the frequent and constant conflict of jurisdiction between different departments with relation to fire prevention and protection.

On November 26, 1912, I had shown that I had established specifications on all fire fighting appliances with careful reference to proper fire escapes and that better and more effective results would be obtained by placing under the direction of this Department all matters relating to the better protection of buildings including factories throughout the State. I submit that it is neither just nor equitable that a portion of the jurisdiction should be centered in the Commissioner of Labor to the exclusion of the State Fire Marshal. The situation as to fire escapes on factories, attention to which is called more particularly on account of the Binghamton fire, is emphasized by the fact that on June 7, 1912, the Attorney-General had held that the State Fire Marshal has no control over fire escapes on factories which are left in charge of the Labor Department. The fire escape in the Binghamton fire was approved by an inspector of that Department while the testimony showed that they were inadequate, and Assistant Chief Eldridge of the Binghamton Fire Department testified that he never would have approved them as he did not consider them adequate. In my brief to the Factory Commission I repeatedly called attention to misplacement of authority in different parts of the law.

This conflict of jurisdiction should be obviated and in that manner there could be likewise greater economy of administration without any sacrifice of the public interests.

I again revert to the fact that as a slight measure of immediate relief, I have advocated, since the Binghamton fire, the appointment of thirty inspectors for a period of three months.

In conclusion I again acknowledge your valuable aid to this Department in your approval of twelve bills of the last Legislature affecting the State Fire Marshal and am encouraged thereby to hope that my present appeal will be favorably heard by you. I have the honor to remain,

Respectfully yours,

THOMAS J. AHEARN,

State Fire Marshal.

To the Legislators of the State of New York:

WHAT THE DEPARTMENT OF STATE FIRE MARSHAL HAS ACCOMPLISHED

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