Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-13
The Health Officer and the Law.

The Health Officer and the Law.
OF the amendments proposed by The Star
to the smoke law that to cause 1t to Apply
to locomotives and other movable engines
is conceded officially to be desirable. Con-
corning the suggestion that apartment
houses should be specified in the law. since
the point has been raised that they are but
n series or an aggregation of private res
licences to which the law does not Apply IL
is officially denied that they are now out
side the law. There is. however, no reason
why their inclusion should not be placed
beyond question. The existence of a doupt
is perhaps accountable for the fact that
they are not vigorously prosecuted for their
undeniable violations. A law specifying
them as subject to the statute would make
the matter certain and leave nothing TO
guesses of the courts or the changing ON
Gals at the District building.
Concerning government buildings, the 20
lice Court says the law does not apply.
The Commissioners now overrule that &C.
cision on the strength of guess by the
corporation counsel that the upper court
will reverse the lower. Meanwhile the Po-
lice Court decision is law; the statute does
not apply to government buildings. Con-
la ton can make the statute certainly apply,
specifying by title or description the official
in each building who is to be held response
BILE. If at some future time the upper court
should declare that the previously existing
law applied, these added words might be-
come superfiuous, but would do no harm.
Congress through the law itself should
specify definitely to whom the law does APP
ply among these classes of conspicuous Of
tenders, and should not leave the decision
of the matter to the health officer, the COM
missioners, the Police Court, the President
of the United States, or anybody else. Inc
fact that the President has issued an order
to the heads of departments in respect TO
the matter shows convincingly that the law
is not held to apply to them. For if 1t did
an executive order would be unnecessary.
In. respect to the period of unpublished
emission, the health officer bubbles. Re-
duced to plain terms, his proposition Is
somewhat as follows: Because under their
power to adopt certain police regulations
the Commissioners may alter existing regu-
lations from time to time after due deliber-
alton and sufficient publication of notice to
those affected by the changes, and since the
rights of the community are not jeopardized
by this power of the Commissioners to
be no complaint of unauthorized assump-
ton by the Commissioners of the right to
alter at pleasure the vital enforcible pro-
visions of an act of Congress which as con-
strued by the Police Court puts every 'busi-
ness" owner of furnace in the city at the
mercy of the Commissioners and the health
officer; whether they are to be punished as
Iawbreakers or not being determined ac-
cording to the caprices of District officials,
whose decisions may be changed at a mo-
ment's notice, and which, being without
foundation in law, are Of no weight what
ever when the case is before the Police
Court.
The law seems to punish any emission of
smoke The Police Court has said the law
forbids any such emission even for a few
seconds and has announced that 1t will
apply the statute to any one thus Offend
ing brought before 1t. Everybody except
the exempted classes thus offends including
the Commissioners, whose chimneys at the
District building at times belch dense smoke
for brief periods. The health officer, how
ever, decided that he would not enforce
the law in accordance with It's terms; 1t
would be so palpably unjust that an out
ragged public sentiment would have demand
ed it's speedy repeal. But he would himself
emission into the law, and would bring
no violator of this law before the court
who had not ruptured the statute beyond
the changeable period fixed by him.
Everything is thus in the hands of the
health officer. The fact that in single
instance he brought before the court one
whose chimney emitted smoke for a less
period than one minute shows the posi-
bilities of the situation. The Police Court
will promptly convict anybody the health
officer brings before II. He does not have
to prove a minutes smoke emission. 1t
would be no defense, but in fact con-
fesson, if the accused were to prove that
there had been an emission for less than
a minute. Thus the health officer can take
any business man into court, from day to
day fixing what periods OF emission he will
punish and when once in court the Offend
er is sure of conviction under the law, as
now construed by the Police Court
The health officer is surprised that the
business men of Washington should want
the law itself to specify the period of I'M
punished smoke emission instead of leav-
ing the question to his caprices, exercised
irreaponsibly and lawlessy. that is without
the authority of law. And the public is
amazed that the health officer should aspire
to the creation and continuance of a con-
dition under which he voluntarily assumes
the heavy responsibilities of the unauthor-
lied law-maker, law-construer, law-sus-
pender and pardon dispenser.
After seeing the attentions enjoyed by