Evening star., 1900-07-24
THE S M O IKE L A w
MORE TINE BEING GRANTED CITI-
ZENs TO MAKE CHANGE.
Carrying Enforcement Over Until
Congress Can BE Asked to
Repeal Enactment.

Every day or so the District Commission
ers are the recipients Of complaints as to
| the non-enforcement of the act of Congress
| of February 2. 1899. commonly known as
| the smoke law This act, as heretofore
| explained, provides that on and after six
months from its passage the emission OF
dense or thick black or gray smoke or Gin
ders from any smokestack chimney used
| in connection with any stationary engine.
steam boiler or furnace of any description
within the District shall be deemed a public
nuisance. Indeed, the act declares such
emission to be public nuisance, provided
that nothing in the act shall be construed
as applying to chtmneys of buildings used
exclusively for private residences.
The act further provides that the owner,
agent, lessee or occupant Of any building
of any description from the smokestack or
chimney of which there shall be emitted
thick or dense black or gray smoke or Gin
ders within the District after the date above
named shall be held guilty of creating a
public nuisance and of violating the pro-
visions of the act. The penalty for such
violation of the law is fine of not less
than $40 nor more than 500 for each and
every offense, and each and every day
wherein the provisions of the law shall be
snail, the ACT gays, q
separate offense. The Commissioners are
required and directed to detail from time
to time an inspector or inspectors OF the
health department, whose duty it shall be,
under the supervision of the health officer,
to cause to be prosecuted all persons vio-
lating the provisions of the law. No dis
elimination. states the law. is to be made
against any method or device which may be
used for the prevention of smoke and which
accompliShes the purpose of the law.
The law went into effect nearly one year
ago, August 3. 1899, but upon representa-
tions being made to the District Commits
sfuners that no device or method could be
found which would prevent the emission of
the smoke and cinders. declared by the act
to be a public nuisance. the Commissioners
gave the persons involved several months
additional time in which to secure such
device or method AT length, however, 1t
became apparent that the opportunity al
lowed had not been taken advantage of,
and the health officer was directed to cause
;he offenders to be prosecuted A number
of persons were thereupon taken into the
Police Court. where objections to the valid
ity of the law were overruled by the court
and fines were imposed. To test the con-
stitutionality of the act, a case was car
ried to the Court of Appeals, and there
several weeks ago the act was declared to
be constitutional and valid.
1t was expected that upon the appellate
courts affirmation of the validity of the
law the Commissioners would at once enter
upon a rigorous prosecution of all persons
however. did not follow. although Commits
sioner Macfarland, who has immediate
supervision of the matter, explained
through the local newspapers that the
Commissioners will continue prosecutions in
old cases and commence them in new ones,
except, when in good faith. the parties af-
fected engage in prompt efforts to comply
with the law In the case of large estab-
lishments. stated Mr.. Macfarland this in
wolves considerable amount of time and eX-
pense. and as the persons involved We're
all reputable and law-abiding citizens he
believed a reasonable length of time should
be given them in which to meet the re-
guirerrents.
Speaking of the matter to a reporter of
The Star today Mr.. Macfarland stated that
despite the fact that several months have
already been given the citizens of the Dis
trict in which to provide devices for pre-
venting the nuisance, he felt that further
time should be allowed, especially in view
OF the fact that the persons affected are not
criminals. but reputable business men
Therefore. he thought it only fair and Just
that an additional reasonable period should
De given them. Most of these persons. he
SAID. are honestly endeavoring to so euuip
their establishments as to meet the re-
quirements Of the law. The health officer
IS keeping himself and the Commissioners
we'll informed as to the efforts being made
by those citizens. explained Mr. Macfar-
land and where 1t is found that violators
OF the law are not honestly endeayoring to
provide such devices or methods as will
be IN a short time taken into court and
prosecuted In this connection Mr.. Macfar-
land SAID that IT appears that much depends
upon the stokerS or firemen who attend To
tne nres. as even with soft coal dense AMI
thick black and gray smoke and cind.rs
can be obvtated by proper firing Being
asked what is construed by the Commission
erS as "a reasonable time" Mr. Macfarlond
explained that it depends upon the circur,
stances OF each individual case, as In one
instance httle time and expense would be
necessary Whue IN another several months
ana q large expenditure Of money XnuId ha
required TO enable the owner Of rha ..t.b
law. VI 'iie
IN lhe &C emmissioners. said Mr.. Macfarland,
mad been asked, after the Court of ApntrIs:
Cecislon, 10 delay the enforcement Of m,
law until after Congress meets neyt N
ctinhei IL order to allow efforts to be mad
&c secure the repeal modification of rho
act bur that the Commissioners refused rr
90 Ine law. he promised, will be enforced
IN due time. -
Asked today whether citizens are COM
p!NtiS IN good faith with the law DR. Vim
G Woodward. the health officer said some
are, but he has doubts as to Others Dr
woodward referred to a visit of two agents
Tor smcke-consuming devices who visited
nm a lew days ago, the men complaining
that they can do no business here because
they explained. the authorities DO NOT an
pear to be making an effort to enforce tn.
law. DIR. Woodward says his fnspectors or,
Keeping him well informed as to the .fforfS
being made by the proprietors Of establish
ments involvel, and from these renortS I,
Eould appear that some of them at least
are making little. If any real effort In nne.I
the requirements of the law The doctor
lirtlma.ed that the prosecution of such mar
tles may be shortly expected He also
Houpts any determined effort to respect the
law until after a number of people have
been taken into court and punished
CROWDED CONDITION.