Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-05
SMOKELAW VIOLATIONS
SUPERINTENDENT SINCLAIR DE-
MANDs JURY TRIALS.
Proprietor of National Hotel Pays Two
Fines of $50 Each-A First
Offense.

Lndley E. Sinclair, superintendent of the
Potomac Electric Power Company, appeared
in Judge Scotts court this morning in obe-
dience to the attachment issued for him
yesterday in the matter of violation OF the
smoke law, charged against the company.
There were sixteen charges against the
company, and Mr.. Sinclair gave notice that
he wanted jury trials. The court fixed the
bond at $500 in each case, making total
of 5000 Mr.. Pugh, assistant corporation
counsel, gave notice that he would call the
cases for trial next Tuesday. 1t Is under
stood that Attorney J. ]. Darlington will
appear as counsel for Mr.. Sinclair.
Later in the day an additional charge
was filed against Mr.. Sinclair, and he was
required to give an additional $2OO bond:
Mr. Pugh announced that he will insist
upon all the smoke cases being hearo py
the Jury before other cases are heard.
Charges Against Hotel.
When Mr. o. G. Staples. who was also in
court today was called upon to answer to
two charges of alleged violation of the
smoke law at the National Hotel, he said
he did not know how to plead. as he was
ignorant of the matter charged against
him.
'and 1 don't know how 1 should plead"
AT the suggestion of Mr.. Pugh a plea of
not guilty was entered, and the inspectors
told of the number of minutes they had
seen the smoke emitted from the stack con-
nected with the hotel. In one case Inspec-
tor Wolard was the prosecuting witness
On the day he took observations, he said,
he saw the alleged Objectionable smoke
issuing from the stack six times. AT no
time was it emitted for more than two min
utes. Inspector Butts took the obserVa-
tons another day. He also saw the smoke
chit cty
times 1t was emitted for one minute and
three times the emissions lasted only one
half minute
Mr. Staples explained that he had done
everything in bis power to remedy the
trouble. and had ever gone to the expense
of putting tho stack forty feet higher. He
failed to FIND smoke devices that would
remedy the trouble.
I'VE do the best we cam he stated, land
that is all we can dc"
Mr.. Pugh called the courts attention to
the fact that $40 collateral had been taken
in each case against Mr.. Staples and that
Judge Kimball had issued attachments for
him.
Twenty Dollars in Each Case.
Judge Scott said he would not direct the
issuance of an attachment In first-offense
cases, where $40 collateral had been depos-
tied. The court said he would instruct the
financial clerk in the matter Of taking col
ton may conflict with the ideas of the
Commissioners in cases where first offenses
are charged. Judge Scott expressed the be-
lief that Congress meant something by pro-
viding scale of $40 to 800, and said it
was the practice of all courts to increase
penalties for repeated violations of the law.
He said he would not discriminate in any
class of cases. AS Mr.. Staples had been in
court before, the judge said he would i'm
pose a fine of $40 in each case. The forfeit
ftYra ~ rdnU mt ond fhn
money applied to the payment of the fine.
Mr.. Staples said he thought it was a
hardship to bring business men into court
when a showing of only six minutes in
four hours is made. He said the only rem
edy he could suggest is for people to move
out of the city. He suggested that the
Baltimore and Ohio and Baltimore and Po-
tcmac railroads infiict more smoke upon
the city than do all the business houses,
but they are allowed to go free.
In discussing the matter with him. Judge
Scott quoted Gen. Grant as saying that
the best way to get an obnoxious law re-
pealed is to enforce 1t. He suggested that
the men who are being prosecuted might
cor fer about the question and petition Con-
gress. In the states, he said, the people
go to their legislatures and ask that
changes be made in any law to which they
may have objection.
Mr.. Staples spoke Of the absence of a
suggested that Congress would have to be
appealed to If anything is to be gained in
the matter of smoke law legislation.
Ten Dollars for First offense.
William G. Carter. representing Golden &
Co., commission merchants on Louisiana
avenue. appeared in court for an alleged
violation of the smoke law. He had never
appeared on such charge before, and said
he presumed he was guilty. Inspector VOL
lard told of having seen smoke issuing
from the stack at the plant Of the com
pany. On the day he took the observations
he saw the Objectionable smoke for
period of three and half minutes on two
occasions The defendant said he could
only say that the company had taken ev-
cry precaution in the matter. As it. was
his first offense the court imposed a fine of
only SO, the lowest amount provided by
the law.
Steamer Tan Hours Late.