Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-03-25
PALMER NOTES APPEAL
SMOKE CASE TO BE TAKEN TO
HIGHER COURT.
Prosecutor Pugh Not Determined About
Other Cases-Scott Re-
verses Kimball.

Public Printer Frank w. Palmer, who yes
terday was adjudged guilty by Judge Scott.
in the Police Court, of violating the smoke
law OF the District of Columbia at the gov
eminent printing Office and fined $50, today
petitioned the Court of Appeals to issue its
writ Of error directing Judge Scott to trans
init transcript Of the proceedings of the
Police Court In the cause, 'in order that the
error OF laws" may be corrected by the
Court Of Appeals The petition was filed by
Mr. Morgan H. Beach, United States attor-
ney for the District of Columbia, represent
ing the public printer. and was forwarded
by the clerk of the court to Mr.. Justice
Shepard at his residence, the Court of APP
peals not being in session today. Justice
Shepard granted the writ and hearing will
be had early next week.
The petition for the writ sets forth that
February q last there was filed in the
information charging Mr.. Palmer, as pub
lie printer In the management of the gov
eminent printing Office of the United
States, with violation of the act of Con-
gress, approved February p, 1899, entitled
An act for the prevention of smoke in
the District of Columbia
Public Printer Palmer, in answer to the
information, filed special traverse, in
which he stated that he could perform
his duties only with the facilities afforded
him by Congress, and in such performance
with such facilities there was an emission
of smoke from the premises of the govern
ment printing office.
There was also filed in the case a sug-
gestion of the Attorney General of the
United States, in which he set forth that
the government printing Office is the prop
erty of the United States, and that Mr..
Palmer Is a public officer Of the United
States, and is not the owner, agent. les
see or occupant of the government printing
office.
,lo
the 23d instant, and yesterday Judge Scott
ruled, as a matter of law, that Public
Printer Palmer, though public officer of
the United States. was within both the let
1889. p'' 'N NV - ~ -
Legal Propositions.
Upon demurrer to such plea, on which is
sue was joined. the legal propositions were:
/ Did the act of February 2. 1899. commonly
known as the anti-smoke law. literally in
clude in its words Owner, agent, lessee or
occupant public official circumstanced
as is the public printer and does the act, if
its literal Interpretation be inclusive of the
petitioner in spirit and intent, include him
in view of the history of his office and
the Uniform action of Congress in relation
thereto from April II, 1897, to the date of
his conviction?
Judge Scott sustained a demurrer to Mr.
Falmers plea, to which ruling an excep-
ton was taken. Mr.. Palmer elected 10
stand upon his plea, and accordingly judg-
nlent of conviction was entered against
him ana he was sentenced to pay a fine Of
$50. or in default TO be imprisoned in Jail
for sixty days. To this judgment and SEN
tence Mr.. Palmer also excepted, and at the
time gave notice of his intention to apply
to the Court of Appeals for writ of error.
Mr.. Pugh Undetermined.
Mr.. James L. Pugh jr., assistant corpora
ton counsel was asked by Star reporter
this morning what course he intends to pur-
sue in the matter of prosecuting govern
ment officials in smoke cases. He said he
had not yet conferred with Commissioner
Mcfarland about the matter and could
not say just what will be done. The court
having decided the law, however, he said
he will continue to issue warrants and
prosecute offenders should applications be
made for such warrants.
The holding of Judge Scott in the case Of
the public printer, it is said, is contrary to
the holding of Judge Kimball in a case
brought against an official of the Interior
Department last year. In that case the
court held that the officials agency was not
such as to render him liable to be prose-
cuted under the smoke law.
Should the Commissioners decide to con-
tinue the prosecutions against officials in
control of public buildings they may soon
be named defendants in a case, it is
stated, as smoke of the Objectionable char
acter has been emitted from some of the
buildings under their control. A local BUSH
ness man remarked to Star reporter this
afternoon that he thought the Commits
sioners would probably stop such prosecu-
tons in view of the statements contained
in the letter sent to United States Attorney
Beach by Attorney General Moody. The
latter contained a promise to remedy the
evil at the close of the fiscal year.