The evening times., 1900-09-07


ing Used as Fuel In Residences;
Andrew B. Duvall the Attorney for the
District. at the request of the Commission
ers, 5oday submitted an opinion on the le-
gal sta1Js of the question of the right TO
use gasoline for light and fuel in the city
This question was raised a short time ago
| in a letter to the Commissioners, asking
if such use of gasoline is not prohibited in
article 2 section 2, of the Police Reguia-
tions.
| The Attorney begins by quoting the sec
| ton mentioned, which provides that ''it
| 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 infiammable yapor at tenn
perature below 120 degrees Fahrenheit. In
| spections 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
I to prohibit the sale of gasoline or the
| lighter products of coal oil, sold as such
| for street lawn, or market house illumina-
| ton or for industrial uses"
Section of the-same article says the
Attorney, relates to the storing and hand
/ ling OF gasoline for the purposes of sale,
requiring a license therefor. Section re-
| lates 10 the granting OF licenses TO store
| or TO keep gasoline in excess of one barrel
/ in any part OF building occupied in whole
| or in part as dwelling and to the meth
| Cd Of storing the same. The sections in
| relation TO licenses have no application TO
! the use permitted by the provisO TO sec
| tion above quoted, namely, its use for
| street, lawn. or market house illumination
| or for industrial purposes.
! Taken as a whole these Teguiat tions do
! not eviuce any purpose to 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
2 does seem TO prohibit such use. although
it has never been so construed Industri-
al uses would. strictly, seem to be such
| as relate to or are connected with produc-
! tive industries or the manufacture or
I commodities, and while so limited this
| section would permit a baker to use 1t IN
| his business for heating or for power, it
! would prevent its use for ordinary domestic
| purposes, including small quantities for
! cleansing purposes.
Although in existence for many years.
this regulation. taken in connection with
the others on the same subject, has never
been considered by the authorities or by
private individuals prohibiting the u.s.
of gasoline for domestic purposes. Its
use haS become so very extensive that
any other construction would work hard
ship, particularly upon class OF persons
TO whom the cost of fuel is a factor. Con-
strued as it has been practically by the
authorities and the community since its
enactment. the regulation is valid: con-
strued as wholly prohibiting such use,
the regulation would, in my opinion, tie
| Invalid.
The regulation quoted was made par
suant to the authority conferred by act
of Congress, approved June 26. 1857,
which provides: That the Commissioners
Of the District OF Columbia be- and they
are hereby authorized and empowered &c
make modify and enforce usual and rea-
sonable police regulations in and for said
District as follows: Second, 10
regulate the storage of highly infiamma-
BE substances in thickly populated por-
tions of the District
The authority OF the Commissioners
under the said act of Congress was limited
10 making and enforcing usual and rea-
sonable police regulations for the storage
of highly infiammable substances in thick
ly populated portions OF the District
This power 10 regulate does not confer
! tlG power 10 plOQlUIl, HHlGn NOulU pS
! the case if the construction suggested were
given to article ., section . OF the Police
Regulations. Moreover II the suggested
construction is the correct one, the regu-
lation might be held TO be void on the
further ground that it makes an unjust
| discrimination and permits the use OF
! gasoline in certain enterprises, while it
wholly PROHIBITS the use thereof by pri-
vate individuals in their residences. An
objection might also lie TO the regulation
inasmuch it applies 10 the whole Dis
tTict of Columbia, without regard to
whether il is a thickly populated section
i thereof which is a Limitation upon the
power of the Commissioners in the act OF
/ Congress.
While accidents have happened through
carelessness, it is impossible, by regu-
lation which does not wholly prohibit its
use, to guard against the misfortunes anC
/ carelessness of the inhabitants of a large
| city. The basis of governmental interfer'
| ence of control is the public danger, ant
] as the danger to the public seems to arise
! only from the handling of large quaint
| ties, such danger is fully met as far as
! it is possible to do so by regulation. by
I the regulations now in force These
| | regulations confer ample authority upoI
| the officers of the Fire Department TO in
| vestigate. and, to that end to enter prem
l ises where they have reasonable gTount
/ to believe that gasoline is kept or stored
7 in violation of the law.
l In my opinion therefore. strictly con
1 strued, article 2, section 2 of the Police
/ Regulations does absolutely prevent th'
] use Of gasoline for cooking purposes ev
I arywheTe in the District; but construed
1 literally, as it has been heretofore, !
/ does not; if construed as absolutely pro
hibiting such use the regulation wouit
/ probably be held TO be void In my opin
ion the construction which sustans tn
validity of the regulation should be adopt
Cd rather than that which destroys it,
/, The Attorney for the Commissioners ais
sent up an opinion today on the complain
of B. C. McQuay, recently published in TIL
Times, relative TO freight ears standing o.
Maryland Avenue southeast, between Mint
ana Tenth streets.
1T appears" says Mr.. Duvall, iron
the report of Inspector Bradshaw, that tn
tracks opposite the railroad freight yard
| are occupied by freight cars, to an exten
more or less as indicated in the complaint
at intervals while discharging freight, an