Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-11-22
Amend the Anti-Smoke Law.


gratified at the notable abatement of the
smoke nuisance which has been accom-
plished through the operation of the exist
ing law. But The Star has no sympathy
with the District building opposition to the
slightest amendment of this statute, as II
1t were something sacred and not TO be
touched when the changes proposed tend
TO render the law more equitable. more
practical and. completely enforcible, and
more effective in accomplishing the pur
poses for which II was enacted.
The law now declares. making an excep-
ton of private residences. that the ennis
sion of dense or thick black or gray smoke
OF cinders from any smokestack or chin
ney used in connection with any stationary
engine, steam boiler or furnace of any de-
scription within the District of Columbia
shall be deemed and is hereby declared to
be public nuisance" Under this statute
as 1t has been construed by the Police
Court the law Is broken if dense smoke
is emitted for any length of time, however
brief if only for a few seconds, either in
the day or night, and in any part, even the
remotest corner, of the District. In this
shape 1t is impossible to obey the law and
equally impossible to enforce it impartiaily.
which are the inevitable accomplishments
of firing a furnace make of the citizen a
law-breaker.
The pending amendment to the smoke law
proposes that 1t shall be lawful for a stack
to emit smoke for a three minute period to
permit proper stocking with impunity. 1t
follows the lines of the law prevailing in
Boston, but is faulty in falling short of that
Der of three-minute emission periods thus
legalized In Boston only a certain maxi
mum period of aggregate smoke emission Is
allowed each day. There should be added
TO the three-minute provision a limitation
OF the number of emission periods or the
aggregate emissions of dense smoke in any
one hour. If then by further amendment
the general prohibition is specifically ex
tended to government buildings and switch
ing engines. the smoke evil will be reduced
TO a minimum, and the law will be equally
and equitably applied to all classes, inter
ests sections and individuals of the Dis
trict
The health officer resists the conversion
of drastic law. demanding impossibilities
into a reasonable and practicable statute
on the ground that Congress has not given
him the inspectors force which Is neces-
sary for its literal and stringent enforce
ment. He argues that because the law is
practically uncomfortable in its fullness
under existing conditions, 1t Is not really
stringent. and the degree Of its enforce
ment should be left to his discretion instead
Of being specifically stated by Congress
And he further suggests that if Congress
should supply the necessary inspecting
force the technical culprits seized by him
might be spared by the Police Court. In
other words those who without real fault
of their own are unjustly stigmatized as
aawbreakers by this drastic statute are not
to be relieved by sensible and equitable
modification of the terms of the law but
are to be left exposed to its penalties on the
suggestion that they may escape through
lack of inspecting force in the health office.
or through the mercy of the Police Court.
This lack of inspecting force which the
health officer cites a reason for leaving
the law as it is really demonstrates the i'm
possibility Of impartially enforcing it. The
two smoke inspectors perched on the Dis
trict building cannot detect or punish those
who break the law at night. or those who
offend in any section of the District except
in the neighborhood or within the range of
vision of the District building. Short
chimneys cut off by intervening buildings
from the view of the Waterman on the Dis
trict tower may emit smoke with compare
tive impunity.
The health officer has stated that while
the law gives him no discretion and makes
any dense smoke emission from certain
chimneys even for only few seconds a
punishable offense, he has not in fact
brought before the court for punishment
any one guilty Of shorter smoke ennis
sion than one minute. This effort to make
the law rational and practically enforcible
by reasonable construction Is wise, but 1t
effectually precludes the health officer from
any logical opposition to the fixing by
statute of minimum period of punishable
smoke emission If he has the right to con-
strue law which makes misdemeanor of
even two seconds smoke emission. so that
no emission OF less than minute is to be
punished, he has the right to substitute
three minutes for one minute as the period
OF which no note Is to be taken And IL he
may make the law reasonable by construc-
ton 1t Is better that Congress itself should
make it reasonable In open, permanent
fashion, not leaving the decision to the
whim of an individual, who may vary every
day his opinion of what constitutes punish
able smoke emission.
The boiler owners of the District should
be permitted by the law to emit dense
smoke for few minutes each day at the
times of firing. They should be protected by
the law in so doing. and should not be left
as law-breakers. technical or otherwise, to
take their chances of escape from punish
ment on the exercise by the health officer
of discretion which the law does not give
him, or on the inability of the health office
through lack of inspecting force to catch
them in their misdemeanors, or on the
mercy Of the Police Court IL taken in GUS
tody by the officers of the law
The adoption of this amendment. IL 1t is
coupled with the provision above suggested
which would limit the aggregate dense
smoke emission in any one hour to a few
minutes, would not repeal or In any way In.
3ure the effectiveness of the anti-smoke law
On the contrary 1t would make 1t reason.
able. practicable. enforcible, and add to 1t.
strength. Absolute smoke prevention. a.
commanded by the existing law. is at pres
emit impossible. as the Districts experience
has demonstrated To demand by enact
ment the impossible often means to fail to
accomplish the practicable.
Prof. Garner stu insists that monkeys
talk II he merely means that they have