The times. [volume] (Washington [D.C.]) 1897-1901, 1900-09-08

Opinion On the Use of Gasoline.
The Washington Traction and Electric ,
Company has submitted to the Commits /
sioners through the Health officer, a
statement relative to what the company |
has done to conform with the law regard /
ing the abatement of the smoke nuisance.
In addition TO the statement, the company
asks the Commissioners what they will re-
gard as a compliance with the law and
urges that an official announcement will
be made over their signatures.
The communication states:
I'VE have given careful consideration to
the question of smoke consumers and have
discussed the matter with all or nearly
ell of the smoke consuming authorities in
this country No one of these will guar
antee any consumer unless we can first
give definite specifications as to what shall
be expected of the device. As you are
doubtless aware, there has not been in
vented anything that will consume all Of
the smoke necessarily resulting from the
operation OF such plants as we have in
this city.
There are devices which will consume
so per cent of the smoke, and there are
others which may do more or may do less.
but complete consumption has never been
achieved. The expense of installing the
number Of consumers we would need
would be very considerable, but that con-
sideration would be of little moment IL
we could accomplish that which is appar-
entity required by the law. To spend thous-
ands of dollars in this way and then to
1. int, 10 hng
whose interests we represent and disap-
pointment to the officials who are respon-
sible for the administration Of the affairs
OF the respective companies.
In view of the conditions, it seems to
me to be entirely reasonable to ask of
the Commissioners an official statement as
to what they will regard compliance
with the law. What per cent of the smoke
must be consumed before the remainder
will cease to be regarded as a nuisance?
What consumer or consumers will the
Commissioners recommend
In transmitting the letter to the Com
missloners the Health Officer states that
the views of his department on the ques-
lions propounded by the company are well
defined. They are, however. not eX-
pressed because of the apparent desire OF
the company to secure the views of the
Commissioners.
in the company's letter relative to the
Commissioners defining what would be
compliance with the smoke law, Commits
sioner Ross yesterday said that 1t was not
an executive question and could not be
with propriety answered by a board of
executive officers. He thought, aside from
the possibility of such thing, it would
be exceeding bad taste, not TO say an
unwa rrantable assumption on the part of
~ I.h na-a 1araf ffa
undertake to state what kind of a smoke
consumer would be accepted by them in
good faith as in compliance with the law.
| The courts only, Mr.. Ross said, are au-
/ thorized to pass on the question, and
| there it must finally be decided. Mr.. Ross
! admitted that il might be doubtful
/ whether any device would totally consume
! the smoke while firing the boilers, but,
as Commissioner, he stated that he was in
no position to make any official statement
to that effect. In Mr.. Ross opinion, there
seems to be an erroneous idea Of the au-
/ thority the Commissioners possess. Their
position. he said, is TO execute the law and
not to pass upon its validity
/ Andrew B. Duvall, the Attorney for the
District. at the request of the Commission
Z ers yesterday submitted an opinion on the
legal status of the question of the rights to
! use SdSOllHe lDi ilSul anu iutl III INT NAAy.
This question was raised short time ago
in letter to the Commissioners, asking
II such use OF gasoline is not prohibited in
article 2, section ,, of the Police Resula-
tions.
The Attorney begins by quoting the sec
tion mentioned. which provides that lit
/ shall be unlawful for any person to store
or hold within any building in the Dis
trict of Columbia. in any quantity whatso-
ever, any oil or any fluid made from pc
troleum or its products which will flash
or give off an infiammable Vapor at a tenn
perature below 100 degrees Fahrenheit. In
speetions shall be made by the Fire Mar
shall of the District Of Columbia by such
methods as shall be approved by the Com
missioners Of the District: Provided, That
nothing in this section shall be construed
10 prohibit the sale of gasoline or the
lighter products Of coal oil, sold as such
for street, lawn, or market house iliumina-
tion or for industrial uses
s"Section : Of the same article" says the
Attorney, relates 10 the storing and hand
} ling OF gasoline for the purposes OF sale.
requiring a license therefor. Section re-
lates to the granting Of licenses to store
or to keep gasoline in excess of one barrel
in any part Of a building occupied in whole
, or in part as a dwelling, and to the meth
cd Of storing the same. The sections IN
} relation to licenses have no application q
the use permitted by the proVlso TO sec
ton > above quoted, namely, its use for
street, lawn. or market house illumination
OF for industrial purposes.
Taken as whole, these regulations dc
not evince any purpose 10 prohibit the use
OF gasoline in dwellings for heating, cook
ing and lighting purposes. Taken by it.
self the first clause OF article 2, section
does seem 10 prohibit such use, although
it has never been so construed. fndustrl-
al strictly a ne guCl
as relate TO or are connected with produc-
! tive industries or the manufacture OF
commodities, and whilS so limited THU
section would permit a baker 10 use it II
7 his business for heating or for power, II
would prevent its use for ordinary domestic
| purposes, including small quantities fol
cleansing purposes.
although in existence for many years
, | this regulation. taken in connection will
the others on the same subject, has neve
| been considered by the authorities or b!
private individuals as prohibiting the us
of gasoline for domestic purposes. II
. use has become 10 very extensive tina
: | any other construction would work hard
i | ship, particularly upon class of person.
to r,hom the cost of fuel is 4 factor. Con
q strued as il has been practically by th
. authorities and the community since III
enactment, the regulation is valid; con
strued as wholly prohibiting such use
the regulation would, in my opinion, b
invalid.
THE regulation quoted was made pur
raI l,t-a No