The Washington times., 1904-12-12
HEALTH OFFICER GIVES
VIEWS ON SMOKE Law

ment that the enforcement of the smoke
law il or ever has been haphazard, and
10 tho statement that il has been up-
certain, or ineffective. except ia 50 far
as uncertainty and ineffectiyeness have
resulted from the limited force avail
able for the enforcement OF the law,
and the failure Of the Police Court to
graduate fines according 10 the serious
ness Of the Ofense or 10 impose in
creased fines for Second or third, or even
for the twentieth. thirtieth. or fortieth
Offenses. II may be safely asserted
that the record of the work being done
by the inspector detailed for the an
TOrcement OF the smoke law Is as aCcu-
rate and as complete as any similar
record kept By any Inspector IN the ser
vice Il the District Government
The literal enforcement by the Health
Oncer OF every law with which he is
charged Is an absolute impOssibility in
view Of the limited force at his disposal
II IS necessary, therefore, either 70 exer-
else some discretion IN the enforcement
OF such laws OF 10 instruct the inspec-
tors 10 prosecute mechanically every
violation Of every law. ln The order IN
which III comes To has notice without re-
gard % the question whether the condi-
ton observed Is substantial OF merely
q technical oIense The latter course Is
regarded by the Health Officer as en-
tlrely unJustinable.
The enforcement Of one law literally
while laws generally are not enforced in
, like manner can De justified only on
the ground that there is some essential
difference between that law and all 9th
trs, especially in view OF the fact that
the literal enforcement of one law viii
limit the work OF the department with
reference 10 the other statutes and regu-
laJloHs with the enforcement of which
Il Is charged.
An Automatic Law
For obvious reasons the Health Of
ncer would welcome the enactment of
an automatic smoke law, one under
which, without thought. care. OF respOn-
sibility on his part prosecution and
punishment would follow mechanically
after each unlawful emission Of smoke.
III does not appear 20 the Health officer.
however, that any such statute could
long survive the protest which it would
arouse unless 10 WAS by its very terms
so lax as 20 be- worthless. IJ seems inn
purtaHt. therefore. that. before cansum-
mating the pending action looking to-
ward the establishment of the existing
smoke law ou #u automatic basis the
record should De made perfectly clear as
10 the reason for singing out from
among the various laws and regulations
relating 30 mlsdemeauors this one
statute FOR literal and purely mechanical
enforcement
Are Not Prosecuted.
Mr.. West later made the following
brief comment upon the Health Oaicer's
statement.
Notwithstanding the Health Officers
lengthy explanation and defense the
fact remains that au the violators Of
the smoke law are not prosecuted and
that prosecutions are AT the pleasure
OF that official / see no reason 70
change my position that the law ought
70 be enforced vigorously and against
all offenders.
In the matter of The Cairo apartment
house tht fact Is that 1 showed the
Health officer the record before / made
my Endorsement. and Ie was ignorant
oi any explanation which could be Of
Iered for prosecution.
After my ludgTsemt "a had been sub
mltJed. ] received statement showing
why leuieucy had been granted. 1 hope
that my Investigation into the c0ndi-
. tions surrounding The violations and
prosecutions ot the smoke law viii re-
suit IN more effective enforcement
Ot the law"