Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-30
REACH NO AGREEMENT
Commissioner Macfarland on
Smoke Law.
HAVE NO NEW POLICY
TIGHTER TENSION OF THE PRO-
CESS OF PROSECUTION.
Says Health Officer Has Done His Duty
Counsel Will Increase
Their Efforts.
NO NEW POLICY

Commissioner mcfarland said today that
ell conclusion in regard to the report that
should be made to Congress on the bill
amending the smoke law so as to permit
III, minute emissions. but that the Com
missioners will undoubtedly agree as to
what should be reported on this subject at
an early day. Mr.. mcfarland added that
the Commissioners had adopted no new
policy for the enforcement Of the existing
law, which. he said. had been pressed con-
tinuously. but in view of recent complaints
the Commissioners are seeking to tighten
the tension of the process of prosecution.
1T is by the persistent enforcement of
the law in the past" he said, partly by
observation and warnings. which are sent
daily to all offending plants, and partly by
frequent prosecutions of offenders that so
r,uch has been accomplished in securing
compliance with the law The health Of
hcer. Mr.. Macfarland said. who under The
smoke law. has immediate supervision of
Its enforcement. has done his duty with
out fear or favor. and upon a uniform sys-
TEN. which has given the same treatment
to all similar offenders.
The assistant corporation counsel at the
Police Court to whom the health officer
reports cases for prosecution, and who
thenceforward has entire charge of them
III court. reports that he has in the past
asked for higher fines and generally has
done what he could to secure the enforce
ment of the law.
The health officer and the assistant cor
poration counsel, under the direction of the
Commissioners. he said, will increase their
efforts to abate the smoke nuisance even
more than has been done. All that the
one available inspector can do in observing
plants, and especially those complained of,
including the electric light plant, and in
preparing cases and giving evidence in
court, will be done.
Cannot Use Policemen.
1t is not practicable, the Commissioner
said, to utilize the overworked policemen,
who, as the major and superintendent re-
ports from time to time, are not numerous
enough to fully perform the present duties
of the police department; even if, under the
law. which specifically mentions only health
department inspectors those to be de-
tailed for this duty, other District employees
could be detailed Moreover to make sat
isfactory cases in court there must be one
standard of observations and they should
be made Systematically and by practiced
eyes, with some expert knowledge of the
subject
Everywhere else smoke laws provide for
special inspectors. If Congress will grant
the two additional inspectors asked for by
the Commissioners they believe there will
be no dlfhculty in making all observations
necessary and preparing all cases for prose-
cution properly.
Should Try the Cases.
If the Police Court tries cases instead of
releasing offenders on a forfeiture of col
lateral the inspector will have to be in court
much of the time testifying, so that his
observations will have to be restricted.
The assistant corporation counsel has
been instructed to press the cases which
will be submitted to him daily by the health
ofhcer, to endeavOr to secure trial in
court and higher penalties than have re-
Gently been imposed.
There were 151 establishments under OBJ
servation during the past year. The good
effects of the past enforcement of the law
appear in the fact that of this number only
10 were habitual offenders, while SO con-
formed absolutely, 80 conformed almost
continuously and Ga offended only occa-
sionally.