Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-10
REITERATES HIS VIEWS
SECOND ENDORSEMENT ON SMOKE
LAW AMENDMENT.
President of Board of District Commits
sioners Unable to Approve
Certain Suggestions.

Commissioner mcfarland today made
another Endorsement on the papers relating
to the amendment of the existing District
smoke law, in which he reiterates his OPP
position to modifying the present law so rs
to make it's provisions less severe, and he
also defends the manner of the enforcement
Of the existing law, which was criticised by
Commissioner West yesterday.
In his latest Endorsement on the smoke
law papers Commissioner Mcfarland says:
II regret that it is impracticable for me
to approve the motion that all violations OF
the smoke law must be prosecuted, until
Congress shall provide additional inspectors
as requested by the Commissioners in num-
bers sufficient to cover all cases. 1t is phys
ically impossible for the one inspector now
available by detail from other duties to
prosecute except as he has been doing.
Even under the Police Court practice OF
taking collatera! in minimum amount IN
stead of imposing punitive fines, the In
spector must give much of his time at the
Police Court and if the cases were tried
as the law contemplates he would nave 10
spend much more time at the Police Court
AT times the inspector has had to give
the whole day or more al court to one case:
In any event he must prepare for trial and
go to court. The obvious purpose or the
Commissioners in recommending that addf-
tional inspectors be provided was to cover
the lack of a sufficient force to prosecute
as we'll as to observe violations of this law.
Work of Health Office.
pending the provision of additional in
spectors the health department has done
the best 1t could, and with success which
merits praise and promises continued i'm
provement. Inasmuch as It could not take
every reported case Of violation into court,
1t pursued the rational course Of prosecut-
ing the most fragrant cases. 1t warned all
persons whose plants violated the law, and
those warnings resulted in many instances
in such improvement of the plants as pre-
vented future violation. Where the warn
ings were not effective prosecutions were
brought. The prosecutions have always
been made not on one observation only
when exceptional conditions might exist,
but upon the whole record of the plant, at
ter due warning and opportunity for i'm
provement Some plants, therefore. have
been prosecuted many times, and ought to
be prosecuted until they comply with the
law as many others have already done. All
have been treated alike. as the record will
show.
Full information has been furnished the
Commissioners by the health department In
it's annual reports, and whenever inquiry
has been made Of 1t. It ought to be added
that the health department in dealing with
the business men whose plants have vio-
lated the law has not treated them as pro-
fessional criminals, but as reputable citf-
gems, who might be assumed to desire the
reduction Of the smoke nuisance. First vio-
lations and infrequent violations have not
been classed, therefore, with continued and
persistent violations.
Police Court Rulings.
"Moreover.Sthe health department has
kept in mind the rulings Of the Police Court
as to what circumstances would justify
prosecution. and has not taken to court
cases which 1t could not prosecute success
fully under those rulings. As the law ex-
pressly says that the prosecutions shall
be under the supervision Of the health
officer OF the District OF Columbia that
oficer has directed the course of them. He
has done 1t judiciously and effectively, and.
| IL given the necessary inspectors. VIII be
able to accomplish still more. 1t must be
| remembered that the law does not cover