Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-24
VOTE FOR NO CHANGE.
Report Of the Commissioners
on Smoke Law.
MAJORITY GOVERNS
COMMISSIONERS VESTS VIEWS RE-
MAIN UNCHANGED.
Decides, However, That He Will Not
Submit Minority Report
Text of Opinion.

The long expected report Of the District
Commissioners on the proposed amend
ments to the existing smoke law in the
District was forwarded to the chairmen
of the Senate and House District commit
tees today As was anticipated in The
Star the other day, the report on the bill
| is unfavorable to it's passage. the views OF
| the majority of the members Of the board
commissioners mcfarland and Biddle-
governing the nature of the report. The
Commissioners oppose the amendment or
| the law so as to permit of the emission
of smoke for periods Of three minutes at
| a time which is proposed in the bill under
consideration. but they recommend the ex-
| tension of the provisions Of the bill to
government buildings and, as far as posi-
| ble to locomotives.
The proposed report of the Commission
ers on the smoke law has been the subject
of an unusual amount of attention on the
| part of both District, officials and citizens
| of the District for many weeks. The dis
cussion of the proposed legislation has been
widespread among the people of the Dis
| trct and a diversity of views has been
manifest. The division of opinion on this
matter mas EXTENDED INTO the DOdrQ HI
Commissioners, Mr.. mcfarland and Col.
Biddle favoring the "stand pat" policy and
Commissioner West favoring an amend
ment to the present law so as to permit
of smoke emissions for periods Of three
minutes at certain intervals during the
day.
1t Is understood that, although Mr.. West
| is still not in favor of the report for
warded to Congress- and still retains his
individual opinion that the law should be
amended, he believes that the majority vote
should govern in the reports of the board
of Commissioners, and he will make no
minority report, and will press his views
no further in the mat tier.
Text Of the Report.
The report of the Commissioners is con-
sidered as interesting The text follows:
"The Commissioners have given most care
full consideration to this bill. and their de-
sire to get all the information on the SUBJ
ject and to consider the different views pre-
scented have delayed their report until this
time The Commissioners cannot recon-
mend the enactment of the bill or of any
amendment of the existing law suggested
up to this time except one which would eX-
tend its provisions to buildings owned by
the United States or the District govern
ment and as far as possible to locomotive
engines, especially those employed for
switching or other yard purposes. The Com
missioners believe that the present law has
accomplished substantial results in the re-
auction OF the smoke nuisance, ana tndL IL
they are given a sufficient inspection force
to fully enforce it, as they have recommend
ed, and prosecutions are followed by ade-
quate fines. the object of the law ultimately
will be attained, especially If government
buildings and locomotives are required to
conform to its purposes. The health officer,
who is directly charged by the law with its
enforcement. reports that during the last
calendar year there were 1o4 plants under
observation, of which number seventeen
complied with the law and fourteen sub
stantially. thirty-five offended rarely, sew
enty-two offended occasionally and only six
teen were habitual offenders.
Execution of the Law.
s1This law is executed like every other
law, with due regard for the circumstances
of each particular case. In every instance
where a violation was noted notice was
sent to the owner Of the plant, and these
warnings often proved effective without
prosecution. Prosecutions have always
been made not upon an observation only
when exceptional conditions might exist |
but upon the whole record OF the plant
after due warning and after opportunity
for Improvement. Conditions have been I'M
proved both by the warnings and the pros |
ecutions First violations and infrequent |
violations have not been classed with con-
tinual and persistent violations Moreover,
the health officer has kept In mind the |
rulings of the Police Court and has not |
taken to court cases that could not be Sue
cessfully prosecuted. Under a reasonable |
construction of the law, no plant has been |
prosecuted for a single emission of less |
than one minute. In order that satisfactory |
proof of emission for an appreciate space |
of time might be furnished this rule has /
been followed in the prosecutions With |
only one inspector available under the law,
detailed from other duties for this purpose
it was impossible to prosecute In court all |
violations of the law, even if that was ad-
visable and the Commissioners believe that |
discretion should be exercised under this
as under every other similar law.
Regarded as Unsatisfactory.