The Washington times., 1905-01-12


sioners to the letter OF the President
regarding the smoke nuisance caused by
the Potomac Electric Power Company
in the neighborhood of the White House
was made public ar the White House
today
Much interest attaches to the answer,
since it was delayed by the Commits
sioners until January 5. although the
letter of the President urging the en-
forcement of the law was sent to the
Commissioners late in November.
The Presidents letter was made pub
lie without comment at the White
House in December, no answer having
been made by the District authorities
No Comment Made.
ton of the letter at the White House
today. The letter itself Is an extended
defense of the Commissioners action
in the smoke law matter. Before deal
ing with the case of the Potomac Elec-
trio Power Company. in particular, it
gives a general outline OF the work
ings OF the law. the attempt of the
Health Department. with one Inspector
10 enforce the law, the number of
prosecutions, and the attitude Of the
Police Court
The Commissioners in the communica-
ton directly charge the Police Court
with preventing the best results Of
| prosecution by low fines and accepting
collateral in small sums.
Proposed Amendments.
The proposed amendments 10 the
smoke law were acted upon by Com
missioners West and Nacfarland sew
III Il or
quite agree on the subject. They were
then referred 10 Engineer Commissioners
Bisdle, VINO has as yet failed 10 ex-
press an opinion on the subject The pa
pers are still on his desk
The letter from the Commissioners to
the President IS as follows:
Commissioners Reply
Executive Office. Commissioners OF the
District Of Columbia. Washington
January 3. 1865
1.-The President:
ssIn response to your recent inquiries
with respect to the enforcement OF the
smoke law in the case or the plant OF
the Potomac Electric Power Company.
corner Fourteenth and E Streets north
west. the Commissioners of the District
of Columbia have the honor to submit
the following statement:
1.-The smoke law was approved Febru-
ary p 1S99 and took effect six months
after its passage Its conSJtGtionality
was attacked. and in other ways 1t was
kept In igation for over TWO years
| from that time. It was sustained in
! several cases by the Court OF Appeals
! of the District Of Columbia. and case
| taken to the Supreme Court Of the Unit
! ed States by one OF the reslstants was
dismissed for want of Jurisdiction This
/ long litigation interrupted somewhat the
| operation of the law. and II was prac-
! tically suspended when the coal strike
generally To get good coal Neverthe-
| less, substantial results have been OBJ
/ tanned from the enforcement OF the law.
especially since the coal strike period
/ ended although the Commissioners re-
! gret that II has not been successful in
/ a number of instances. including some
| fragrant ones
Sixteen Habitual Offenders.
| During the last calendar year the
number of plants under observation was
I54: the good effects of the enforcement
| of the law are shown by the fact that
Ii was found that of this number ser
| substantially, thirty-five offended rare
", seventy-two offended occasionally,
| and only sixteen were habituaI offend
..The method of securing compliance
| with the purpose OF the law has been
| two-fold:
! smoke emissions have been transmitted
as warnings, at first weekly, and, from
| July / 1904 daily, 10 the owners OF
plants who in many cases have RENE
! died the conditions which produced such
emissions.
Improvement Secured.
Second. plants offending repeatedly
have been prosecuted in the Police
! Court. and an Improvement in smoke
i conditions has been secured thus. in
many instances. The entire record OF
/ each plant has been considered in all
action taken.
"A general desire to comply with the
| law was manifested by owners of plants.
.-'rl.e Government plants have beer
kept unGer observation. AID proSecu-
! Court decided that Government build
ings were not within the puTview of the
/ law, when, pending an appeal to 4 high
! e. court. the Commissioners brought the
matter to your attention. and thereupon
/ your action secured an Improvement in
conditions which is manifest.
Additional Inspectors Eieede5.
Congress provided no SPECIAL inspec-
tors to execute the law. as is done unde:
smoke laws elsewhere, but authorized
! the Commissioners to make details from
TIE Health Department inspectors, to
act under the supervision of the Health
Ofiicer The incumbent of this Office has
zealously and honestly performed this
as he performs other duties One (sani-
| that can be spared without interrupting