The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-09-13
UNFOLDING THE LAW.

La
The criminal absurdity of the position
taken by our local authorities on the sub
ject of the so-called smoke nuisance had
not stood in need of further illustration
than had been furnished for many weeks
through the litigation which now awaits
a final decree from the supreme court.
and it will doubtless help to open the
eyes of those who have remained thus far
blind to the assaults which we have been
making on our own industrial progress.
Judge Hine may be right or he may be
wrong in his exposition of the law on
this subject. With that feature of the
matter we are not CONCERNED. His latest
decision on the same subject of contro
versy, whether right or wrong, is, per-
haps the most instructive event that has
occurred in this behalf.
The concern of Horne & DAM, we'll
known as local manufacturers of tinware,
has concededly been guilty for many years
past. according to our local ordinances, of
maintaining a public nuisance, in causing
to be emitted from their chimneys dense
volumes of smoke. They, like other in
dustrial establishments, have been hauled
into the police court to suffer the penalty
Of their criminal misconduct There APP
peared no escape for them. They had
done as had the criminals already con-
victed, and no one doubted that they would
fine or having their offending engineer
and fireman go to the workhouse. But,
according to the court, while they may
have been engaged in thus maintaining
a nuisance, they al least are not amen
able to any criminal proceedings therefor.
1t appears that the city some years ago
invited this establishment to operate their
factory on the levee. For this reason,
and, We suppose, on account of the i'm
piled sanction which was thus given for
using soft COAL Horne & DAM are to be
held harmless!
Let us think what We may, this is no
mere crowner's quest law For Judge
Hine has said that, so many authorities
has he to sustain him in so decreeing, he
regards their quotation as utterly super
huous. Morally it is quite as remark
able doctrine as it is legally For does it
not say in so many words 4hat, if an
enterprising manufacturer comes within
our gates. and at his own expense buys
him site and builds thereon a building
wherein to carry OH his manufacturing
operations. the jaws of our local. bastille
yawn to receive him if he uses soft coal
or any other form of fuel which may
cause dense clouds of smoke to be emitted
from his smokestack? On the other hand
does not the same law. as created and
eXpcunded by our local statesmen and
jurists, also declare that, If that same en-
terprising manufacturer had had the wis
dom to come among us some wears ago
when We were giving away manufacture
ing sites, and possessed himself of one
OF such sites free of all expense, he and
his smokestack might go on blowing
their dense clouds of smoke toward high
heaven without let or hindrance to the
end of time?
AS justice must prevail, though the
heavens fall, it may not be improper to
suggest as an honorable way out for our
thoughtful local authorities that all fu-
ture manufacturers seeking a location in
st. Paul be furnished with an available
site free of all charge. Then we can
preserve to all future generations the in
eStlma0ie blessing of ordinances strictly
enforced for the suppression of that
dangerous infiiction. the smoke nuisance.