The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-06-06
SMOKE ORDINANCE PASSES.
1t Does Not Include the Railroad Lo-
cOmOtiyes.

The council passed the smoke ordinance
last night by vote of II to s. Those who
voted aye were Bernauer, Clark, Golfer, Cos
tello, Grail. Knight, Merrick, Moffett, Rauch
Shaffer. Won Spreckelsen and Mahoney.
Those who voted nay were Smith, Seaman
McGrew, Madden, Little and Higgins. Little
led the opposition. When the ordinance was
called up he presented an amendment which
determined the definition of the word struc-
lures in the ordinance include all engines,
portable or otherwise. The amendment was
prepared by City Attorney Kern. who also
submitted an opinion In which he said that
he believed the new smoke ordinance would
hold in the courts because it embraced every
structure that gave forth voluminous smoke
The opinion had been written with the uu-
derstanding that the amendment would pass
The amendment was lost, only Higgins. Lit
tie. Madden and McGrew voting for it.
Little said he could not understand why
the Council persisted In passing resolutions
because they did not affect ali classes. He
predicted that the new smoke ordinance
would not live in the courts because It was
not set out that the word structures COW
cred even engines and locomotives
The ordinance as passed is as follows:
AN ordinance declaring the emission into
the open air of dense smoke, containing SCOT
or other deleterious substances, from the
smoke stacks. chimneys or hues or any
building OF structure within the City of In
d,anapolis, to be nuisalsce, and prohibiting
the same, providing penalties for the yio-
lation thereof and fixing a time when same
shall take effect.
..Section /. Be II ordained by the Common
Council OF the City of Indianapolis, Indiana,
That the emission into the open air, from the
smoke stack. chimney or fiue OF any build it..
of Indianapolis, Of dense smoke, or smoke
contains SCOT or other substance in such
quantity as that such SCOT or other substance
contained in eaid smoke shall be deposited
or settle upon the surface of any property
situate within said city so as to discolor or
otherwise injure or deface such property
or so as to interfere with the health or
comfort of the inhabitants Of said city, shall
be deemed and is hereby declared TO be a
nuisance.
Sec 2 Any owner agent. lessee or man.
ager of any building other structure. sit
uate within said city, WHO shall cause. allow
or permit to be emitted into the open air,
from any smoke stack. chimney or flue con-
nected with or built part of any such
building or structure, dense smoke or smoke
containing SCOT other substance in such
quantity as that such SCOT or other sub
stance contained in said smoke shall be de-
posted or settle upon the surface of any
SAID city so as To discolor or otherwise in
jure or deface any such property, or so as
20 interfere with the hea i and comfort
Of creating nuisance, and upon conviction
therefor shall be fined in any sum not less
than ten nor more than fifty dollars; and
every day or part of a day on which any
such nuisance Is continued after the taking
effect OF this ordinance shall be deemed and
held TO be a separate offense. provided that
there shall not be two convictions for the
unlawful emission of such smoke on any one
day.
Sec. 3. This ordinance shall be in force
and effect after the same has been signed
and approved by the mayor, and il shall
have been published once a week for two
consecutive weeks in the indianapolis Senti-
mel. newspaper having a general circua-
ton in said city
An ordinance was passed providing for a
fiagman at the Minnesota-street crossing OF
the Louisville division of the Pennsylvania
Railroad.