Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-14
ENFORCEMENT OF LAW
REGULATIONS GOVERNING Ennis
SION OF SMOKE AGAIN DISCUSSED
sunplemental Statements Made by
Commissioner mcfarland and
Health Officer Woodward.

The enforcement of the existing smoke
law was the subject of additional state
rnents today made by Commissioner Mac
farland and Health officer Woodward.
Commissioner West. in his statement yes
terday, suggested that more Satisfactory
results might be obtained in the ENFORCE
r,ent of the law if the matter Oh small
6nes and collateral were called to the
attention of the Police Court. He also
suggested that the police department
might be called upon to assist in prose-
cutions under the smoke law.
7, connection with the electric light
,,o,,ar nIant which was mentioned by Mr..
West Yesterday as violating the smoke
law il was stated this morning that this
establishment has been prosecuted more
than fifty times and has paid in fines and
i'm collateral forfeited under the law more
than 500
I'm his statement today relative to the
enforcement of the smoke law, Commas
sioner mcfarland said:
The imposition of fines and the coilec-
ton of collateral are judicial, ana not
an executive, function, and the Commits
sioners have not undertaken to tell the
courts what they should do about 1t. The
health department discharged Its outy
under the law by reporting cases Tor
prosecution to the corporation counsel,
" I'm thereafter had the direction OF them
before the court 1t has need of addi-
tional inspectors, the commissioners
have recommended. / do not believe the
cverburdened police department would be
able To give any efficient assistance IN OBJ
serving and prosecuting smoke cases.
Statement by DR.. Woodward.
DIR. Woodward's statement concerning the
prosecutions under the law was made 10
Commissioner Macfarland. who requested
information from the health department ON
AfI fnOC "
Woodward says:
"Au prosecutions in the Police Court in
stituted by the health department, either
under the smoke law or under any other
law regulation, are instituted through
the corporation counsel, who acts through
his assistant detailed to the Police Court.
There is no law. regulation. rule or custom
under which the health department should
or could dictate to the Police Court the col
lateral TO be collected in any case what
ever. The health officer on one occasion
called to the attention of the Commission
ers in am official report, certain practices
then existing in the Police Court which
were regarded by him as interfering with
the efficiency of the health department.
This official report was, however on Octo-
Der -. 1898. made the subject of a vigorous
protest by one of the judges of the Police
Court, and through official action on the
part of the Commissioners so much of the
report referred to as related to objectiona-
Bile methods of Police Court procedure was
eXpunged. Since the date mentioned the
health officer has carefully refrained from
any official action that might be regarded
as In any way indicating that the prevail
ing practices in the Police Court were re-
garded by the health officer as unsatis-
factory.
The health officer has never felt at lib
erty to ask for police assistance in the en-
forcement of the smoke law. as he has been
under the impression that the police de-
partment had ample duties of its own TO
perform. and has never understood that the
force at the disposal of that department
permitted 1T to enforce literal compliance
with every law and regulation with the en-
forcement of which it is intrusted so that
ii might properly be asked to lend, its aid
to another department In order to secure