Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-10-19
FIRM MAKES PROTEST
Portable Engine Alleged to
Be Cause of Damage.
EMISSION OF SMOKE
THE oPEN-cUT SEWER ON PENN
sYLvAN1A AVENUE.
District Authorities Decide They Have
No Power to- Abate the Al
Il
legged Nuisance.

Mr.. Norman Gait OF the jewelry firm OF
Gait & Brother. located next door to The
Evening Star building, today entered
vigorous protest with, the District author
tiles against the emission of dense black
smoke and fine cindets from the portable
eIgine used by Contractor E. Saxton in
the construction of the low area sewer
along the south side Of Pennsylvania ave-
Tue. The work has Preached a point be-
tween 18th and 18th streets. and the engine
furnishing power to barry Off the dirt ex-
cavated is stationed 'n the middle Of 18th
street where it crossks the avenue.
Mr.. Gait complained to the District au-
thorities that the sgabke and fine cindars
emitted from the engine caused damage to
the stock and business of his firm. The
smoke. he said. is caused by reason of the
contractors burning SPIT coal in the engine,
and this results. he alleges, in nuisance
Mr.. Gait urged the authorities to take ac-
ton against the contractor under the
smoke law or else require him to use hard
coal in the engine or provide some other
motor power on the sewer work.
When interviewed by a Star reporter
relative to Mr.. Galt's complaint. the health
office authorities stated that In their opin-
ion the smoke law does not apply to the
engine used by Mr.. Saxton, as it is not
stationary engine. and therefore no prose-
law. The health authorities referred to the
first two sections of the smoke law, which,
in their opinion, prevent a. prosecution
against the operator of portable engine.
Quotation From the Law.
These two sections read as follows:
1.-THE emission of dense or thick black or
gray smoke or cinders from any smoke
stack or chimney used in connection with
any stationary engine. steam boiler or fur
mace of any description within the District
of Columbia shall be .deemed, and is hereby
declared, to be a public nuisance: Provid-
ed, That nothing in this act shall be con-
strued as applied to ichimneys Of buildings
used exclusively for private residences.
Sec. 2. That the owner, agent lessee, or
occupant of any building of any description,
from the smokestack or chimneys of which
there shall issue on!be emitted thick or
dense black gray smoke or cinders with
in the District of Columbia on or after the
day above named shall be deemed and held
guilty of creating Rilblic nuisance and of
violating the provisions of this act"
Mr.. DuvAtls View.
Corporation CounsaG Duvall. when asked
for his opinion relative to the matter, sus-
tanned the opinion dE the health authori-
ties that the District could not prosecute
the contractor underfEhe smoke law, and in
fact that the District had no authority to
take action requiring the contractor to
cease the use-ef set coal in his engine.
The only possible way to remedy the al
legged nuisance, through the courts, Mr..
Duvall believed, is for the party or parties
damaged to bring a civil suit against the
contractor, asking the court to restrain him
from operating an engine which emits black
smoke and cinders In such a suit, he said
the party damaged would be required to
show to the court that the matter COM
planned of was a nuisance and an illegal
interference with the rights and privileges
of others.
Mr.. -Saxtonr the contractor, called at the
District building and Informed Superintend-
ent McComb2f thefsewer department of the
protest OF Mt Gait and stated that he had
been informed that unless he ceased the
use Of soft coal in the engine he would be
arrested. - 80 - = '.t
Statement by Mr.. Saxton.
To a reporter for The Star Mr., saxton
said he had endeavored to take all reason
able precautions to prevent the black smoke
and cinders from injuring any one along
the route of the sewer. He said that he
had placed a cone with wire screen over
the top of the smoke-stack and that he be-
lieved this was all that could be done to
arrest the emission of the cinders He de-
clared that he could not use hard coal in
the engine, as the, crate is not built for
hard COAL and besides, he was of the opin-
ion that with the particular style of engine
he could not get upssafticient steam with
the OF hard coal.
1T is not my DESIRE" said Mr. Saxton
ito cause damage or unnecessary annoyance
to anyone, and am willing to do anything
reasonable that can to prevent trouble to
the business men along the route of the
sewer. If | knew of any other precautions
would adopt them, but we cannot burn
hard coal in the engine
Superintendent McComb stated that he
believed the contractor has taken all reas-
enable precautions to prevent unnecessary
annoyance to the public, and he requested
the police department not to arrest the con-
tractor, as such proceedings would inter-
Tere with the progress of an important work
of the District engineer department.
Later in the afternoon Mr.. SaxtOn stated
that his engineer had endeavored to oper-
ate the engine with the exhaust out of the
smokestack, but that the engineer was un-
able to get up sufficient steam by that
method. He stated further that he will ex-
pertinent with different kind of coal in
the engine, in the hope that the smoke and
cinder nuisance may be remedied He said
ne has been using Cumberland soft coal at
$3.50 a ton, and that the Shamokin coal will
cost $1.25 ton, but that he is willing to ex-
pend the additional money for coal If 1t ac-
complishes the end desired.
Damage Alleged.
Mr. Norman Calf who made the protest
to the District authorities, stated to a Star
reporter that the damage and nuisance
caused his business by the use of the soft
coal in the engine is considerable, and he
said that If the authorities were powerless
to abate the alleged nuisance he would con-
slider taking legal action to protect himself
from what he considered unnecessary an
noyance and damage. -a
The fine cinders from the smoke Of the
engine, ne said collects on his show cases
and on the wh3eS displayed on his show
cases and shelves. On the first floor he
stated, the cirfders sc6aleet to such an ey-
tent that the clerks Dire Obliged to dust OFT
the cases continually The finish of the
wares displayean outside of the cases. he
SAID is damaged greatly by the smoke and
cinders from the engine.
On the second, floor pf the store Mr.. Gait
Keeps rams and Other articles of considera-
PIE value. 1t is, PRACTICALLY Impossible to
take these articles out Of the cases. he said
for the inspectt3n Of customers. because az
the danger of their being badly damaged bv
the coal cnders ~
The front of tfA see6nd story was na;nted
white last night, ard TODAY around tic
base of the pillars there is a ,ayar ns cot
and cinders collected from the engine since
last night -. '.''eo
Il realize" said Mr.. Gait, .that tho CON-
of the sewer. is a NECESSARY nnh,tc
work, and thatasthe citizens and business
men are supposed to bear a reasnnahIe
amount of Inconvenience and annovance
during its construction. / can endure With
out protest the tearing up of the street the
noises and vibrations from the worl~ and
the initirv t0 NV hlSfneso H.. 80