Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-02-09
TI-SM0kE Law
Hearing Before Senate Sub
committee.
COMMISSIONERS SIDE
MIR. MACFARLAND MAKES A
FULL STATEMENT.
Gives Smoke Laws In Other Cities
The Health oh.csr Makes
Extended Remarks.

The hearing on House bill 14147, to amend
the act for the prevention of smoke in the
District of Columbia, was continued this
morning at IL o'clock by the subcommittee.
of which Senator Dillingham; is the chair
man, Of the Senate committee on the Dis
trict of Columbia.
The hearing was begun by the making OF
statement by Commissioner mcfarland
in support Of the present law and In opposi-
ton to any change In the statute.
Mr.. Macfarland's Statement.
sI appear at the request Of your commits
tee to state the position OF the Commits
sioners," said Mr.. Mcfarland.
1.-The Commissioners and the citizens alike
want the city Of Washington to be as near
ly 'smokeless' as possible. Practical and
esthetic reasons combine to make this so.
The present smoke law enacted four years
ago, was designed to meet this desire Its
constitutionality was questioned, so that 1t
was in the courts more than year before
it's constitutionality was affirmed. From
that time efforts to comply with 1t were
made generally by those affected by 1t. loco
motive engines and residences being exempt
under Its terms.
1.-The Commissioners gave full opportunity
to every person honestly endeavoring to
meet the requirements Of the law to do SO.
AS a result OF those efforts many plants
were brought into com pliance with the law.
Typical plants of every class have COM
piled with the law for long periods, IT not
continuously. Some changed from the use
Of bituminous coal. which Is used by ma
jority of Washington plants, to the use OF
anthracite; some enlarged their boiler ca
pacity and otherwise improved their plants;
many adopted mechanical devices. and the
most successful secured careful stocking ON
the part of their fremen. The Commission
ers were forbidden by the law to recon-
mend methods or devices to the owners of
plants. But the knowledge of how those
succeeded who complied with the law was
open to others.
prosecutions required by the law against
those who. after full opportunity. failed to
comply was entrusted by the law to the
health department. This duty has been
performed with fairness and consideration.
No prosecution has been brought for iso-
lated offenses or for brief emissions. but
always in view Of the total record of the
plant in question. and for an emission ex-
ceeding one minute. since some practical
limit Of tolerance had to be established, IN
order that allowance should be made for
difference in watches. defects in observa-
ton and a basis provided for proof Of ar
appreciable violation of the law. The courts
would not have been satisfied with eny-
thing else. Clear proof Of a definite VIOLA
ton of the law had to be made. The In
adequacy of the force Of inspectors, which
Congress has not thus far remedied, has
limited the inspections entirely to the city
Of Washington. and has made it difficult to
properly observe within that area.
The enforcement of the law has been as
efficient as circumstances would permit,
and at the same time 1t has been as con-
siderate Of the interests OF plants as pos
sfble. 1t has been approved by the general
sentiment Of the community, although 1t
has been criticised on the one hand by
those who thought 1t too lenient and on the
other hand by those who thought it too
severe. 1t has demonstrated that bitumin-
Gus coal using plants of all types can COM
ply with the existing law as applied by the
courts and administered by the health de-
partment. Abnormal conditions, due to the
coal famine, produced the only exception
to the statement that the enforcement of
this law has greatly improved the smoke
conditions Of the national capital.
THE Commissioners reported adversely
on the pending bill because 1t would prac-
tically repeal the smoke law and undo all
the good that it has done Under the bill
any plant could emit the now prohibited
smoke all day long for three minutes at a
time. simply by providing an appreciable
space of time, which need not exceed
minute. between its periods of smoke emis-
sion. Even II each plant was restricted in
the number of such periods OF smoke ennis
sion. enough plants would be emitting
smoke at all times to make Washington a
smoky city. The Commissioners do not un-
derstand that the citizens generally or any
organization Of citizens is asking for such
legislation.
THE Commissioners, of course, regret
that many citizens have been subjected to
expense. and some to hardship in the pro-
cess Of adjustment to the smoke law. but
ance are now so well ascertained that there
need be no further trouble on this ac-
count.
Smoko Taws ~ MR., r,xs..