Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-02-06
RULING ON SMOKE LAW
JUDGE KIMDALL HOLDS GOVERN
MENT rs NOT LIABLE.
United States Nor Any of It's Agents
Amenable as Law Now
Stands.

Judge hlmDdH. presiding over the DiS-
trict branch of the Police Court, this after
neon decided that the law now stands
neither the United States government nor
any Of its agents could be held responsible
for a violation of the provisions of the
smoke law at any of the government build
ings.
The ruling was made in the case of Ed
ward M. Dawson, chief clerk of the In
terror Department, who was named as a de-
PENDANT on charge of violating the pro-
visions Of the anti-smoke law at the In
terror Department several months ago.
Attorneys Alexander R. Mullowny and
Ralph Given,- assistants to the United
States attorney for the District, under in
structiOn from Attorney General Knox. APP
peared in court as counsel for Mr.. Dawson.
while Assistant Corporation Counsel James
l.. Pugh. jr., prosecuted the case on behalf
case was first filed in court jury trial was
asked for and granted, but the case was
taken up this afternoon for the purpose of
arguments on question of law.
Attorneys Mullowny and Given. in their
arguments. commended that Chief Clerk
Dawson is not the occupant of the Int
rior Department but that it Is owned by
and in control of the United States gov
eminent He had no further power, pos
session, control or occupancy of the prem
ises than that he had been appointed by
the Secretary of the Interior as the chief
clerk Of the department
Matter of Jurisdiction.
Touching on the matter of jurisdiction.
the claim was made by counsel for the de-
Tense that the court had no jurisdiction
over the offense charged, nor has the cor
poration counsel, acting on behalf of the
District Of Columbia, any authority of law
or jurisdiction to file an information or
nffQnSQ Interior
Department is located on a public reser-
walton belonging to the United States
The building and reservation, they con-
tended are under the exclusive control and
authority of the United States government,
and that the act of Congress on which the
information was filed does not confer jurfs-
diction upon the court for violation of
any of it's provisions upon the reservation;
does not apply to the reservation, but pro-
vides only for an offense against the munic-
ipal corporation known as the District OF
Columbia. and not for an offense against
the United States.
Prosecutor Pugh. in reply. quoted the
smoke law, and called the courts attention
to the fact that the owner, occupant lessee
or agent of any building other than those
used private residences was responsible
for violation of the law and declared that
Mr.. Dawson, as the chief clerk of the In
terror Department, was its agent, and as
such was the occupant of the building.
Intention of Congress.
Judge Kimball in dsposing of the case
ruled that Mr.. Dawson was neither the oc
cupant, agent, lessee or owner of the build
ing, although he might be designated as
the superintendent. but as such would not
be responsible according to the law. Con-
gress. the court explained, according to
the smoke law, did not intend that 1T
should affect buildings belonging TO the
United States. If it had. it could have used
the necessary words in the law to provide
for its enforcement as regards buildings be-
longing to the United States government
The court thereupon dismissed the charge
and Prosecutor Pugh gave notice of his IN
tention to apply to the Court of Appeals Of
the District for a writ of error.