Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-28
|NDORSE COMPROMISE
Amendment to Smoke Law
Accepted by Commissioners.
TEMPORARY PROVISION
LAW TO REMAIN IN FORCE FOR
ONE YEAR ONLY.
Letter Addressed to Mr.. John B. Lar
ner, Representative of Business
Men of the City.
TEMPORARY PROVISION

The District Commissioners late yesterday
evening after a lengthy discussion OF the
smoke question, agreed to the compromise
amendment of the present smoke law when
was proposed recently by Attorney John b.
Larner representing various business ana
manufa curing interests in Washington.
The Commissioners. however, do not agree
to the permanent amendment of the exist
ing law but they willing to agree to an
amendment to be in force for one year from
March /. 1905. permitting continuous ennis
sion of smoke during periods of two minutes
each, provided that not more than ten such
emissions occur during daylight of any one
day The amendment also extends the law
to locomotives and government buildings.
In brief the Commissioners consent to this
proposition of the business men as an eX-
pertinent The decision of the Commission
ers on this question was today announced
to Mr.. Larner in communication sent 10
him and copies of which were also forward
ed to the chairmen of the committees on the
District of Columbia in Congress. The de-
cision of the Commissioners was forwarded
to Congress in order that the District COM
mittees might be aware that the municipal
authorities agree to the amendment IN the
event the citizens are able to secure its
enactment before the close of the present
session.
Letter to Mr.. Larner.
The letter of the Commissioners to Mr.
Larner, in which they announce their de-
cision to consent to the amendment of the
present law is as follows:
THE Commissioners have given careful
considera ton to your letter of February 70
1905 in which on behalf of certain busi-
ness men. you ask them to approve pro-
posed amendment of the present smoke law
which would permit the emission of smoke
for two minutes at any one time, provided
that not more than two such emissions OF
two minutes duration take place in any
one hour, and not more than ten such ennis
sions during daylight of any one day
THE Commissioners, recalling the state
ments made by you and others at the re-
cent conference with them, that such
amendment to the law would at once re-
duce the smoke nuisance and relieve the
operation of the law of undue hardship,
and also that 1t ought to be given a trial
for period sufficient to show whether
those claims are correct, have determined
that they Will agree to experiment, with
amendment to the law substantially SIM
liar to that you propose, for a period of
one year from the LIST of March next (pro-
vided Congress shall enact the proposed
amendment at this SESSION., with the addi-
ton that the provisions of the smoke law
shall be applied to all locomotive engines
and to government buildings. A reasonable
time should be given during which the rail-
roads can change the construction of their
engines so as to comply with the law.
The Commissioners, therefore. propose
as substitute for your proposition an
amendment providing that until March 1
1906 continuous emission of more than
Two minutes or a total of emissions of over
twenty minutes during daylight of any one
Gay OF dense or thick black gray smoke
or cinders from any smokestack or chimney
used in connection with any engine steam
boiler or furnace of any description within
the District of Columbia shall be deemed
public nuisance
las the Commissioners understand 1t. the
operation of such an amendment would be ..
substantially similar to the practice under
the present law, except that the permissihIa
emission of smoke would be for two min
utes instead of for one minute"
Mr.. Macfarland's Statement.
In announcing his determination to agree
TO the temporary amendment of the present
smoke law, Commissioner Macfarland made
the following statement:
would not consent to any permanent
amendment of the smoke law which would
increase the permissible smoke emissions.
put In view OF the representations that the
proposed compromise amendment would ac-
tually diminish the smoke nuisance and at
the same time remove all reasonable OBJ
lection to the enforcement of the law l am
willing to have 1t tested by practical ex-
perience through all the seasons of the
year If it works as its advocates claim,
no one VIII be more pleased than l. but its
value can only be demonstrated by prac-
teal test.
Under the form in which the Commits
stoners have approved the suggestion its
operation would amount, 1t Is claimed. to
the present practice under the existing law
with the difference that a two-minute in
stead of a one-minute period of emission
would be permitted. while the total num-
Der of emissions would be so restricted as
to actually reduce the amount of smoke
emitted. 1t is also claimed that the rigor-
Gus enforcement of the proposed amend
ment would be entirely feasible and could
not be objected to by anybody
Provision Added.
Besides, expressly providing that the
proposed amendment to the law shall be
temporary. expiring at a time when Con-
gress will be here in a long session and
Will be able to pass upon the subject if
any further amendment be desired the
Commissioners add 10 the compromise prop
osition offered to them provision for in
GLIDING the locomotive engines and gov
eminent buildings While they have good
reason TO believe that the test case which
has Just been made against the government
printing office will be decided in favor of
the application of the law to government
buildings in the higher court If not in the
Police Court. there can be no objection to
Including the government buildings by name
IN the operation of the law. Certainly the
locomotive engines which. especially the
shifting engines. give out so much smoke.
ought to be included under the law.
The proposed amendment is very diff
ferent from the provision which passed the
Senate and is now pending in the House,
permitting "a three-minut~ continuous ennis
sion except In cases of new fires when
six minutes continuous emission shall be
allowed. or a total Of emissions amount
ing to sixty minutes in each day with the
inclusion of government buildings, but not
q locomotive engines