Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-16
The Smoke Law Amendments.

The demand of the business men OF
Washington and all others interested in a
really effective smoke law for the amend
ment of the existing statute has reached a
point which calls for favorable consdera.
ton by the Senate, where a measure is
now pending in part accomplishing the pur-
poses of the petitioners. That bill was
passed by the House at the last session. Il
is still on the calendar of the Senate Dis
trict committee before which body hear
ing was granted today to enable represen
tative citizens to state their case. In It's
present form it provides for only one OF the
three changes which experience has proved
to be- necessary to give the law enforceable
vitality and to make it equitable in its ap-
plication.
The business community of the Distric,
now asks that the anti-smoke law be made
certain in its terms by the definition OF
what actually constitutes violation; that
it be made practicable in it's terms by per-
hitting the absolutely necessary minimum
of smoke emission at times of firing; ant
that it be made inclusive of all conspicuous
offenders by naming the government de-
partments and the railroad locomotives
now exempted from it's operation either by
Interpretation.
The House bill provides that a chimney
may emit smoke for period of three min
utes without leading to the punishment oil
its owner That period is believed by many
to be the least possible in order to permit
furnace owners to maintain their fires
properly. In some cities it is extended to
five minutes. But whatever the period de-
,;l .l
whether two or three or five minutes, ii
should be specified in the law. Against the
House provision the objection has been
properly raised that it does not limit the
number of unpunishable emissions of smoke
during the day, and those who are earnest.
Iy in favor of an effective, practicabla
smoke law urge further amendment
specifying such number, ascertained
after inquiry and based upon actual ex-
perience.
AT present the law broadly prohibits
dense smoke emission for any period what
ever, in terms which make of every fur
mace owner in the city-save those speciti-
cally or inherently exempted-an actual
violator, subject to repeated arrest and fine
to the extent of the official watchfulness
and observation, no matter how careful
the owner of the furnace may be or how
earnest in his intent and endeavor to obey
the statute. The courts have held that, re-
gardless of the health officers dictum
granting a ene-minute immunity, any per-
son whose chimney emits dense smoke for
a single second is guilty of a violation and
subject. if charged frequently enough with
that offense, to a fine of 500 for each such
emission. The whole community, with the
exception of those officials who still stand
rigidly by the law as something too sacred
for amendment, has long protested against
this mOnstrously unjust but technically
proper application.
The definite inclusion of the government
departments among those subject to the
operations of the law is required by every
consideration in the case. The Police Court
has held that they are not now included in
the terms of the statute. From this ruling
an appeal has been taken by the Commits
soners,- who say they expect the upper
court to overrule the decision and thus
definitely establish the amenability of the
departments to the law. Pending such a
decision the President has Enthusiastically in
dicated his wish that the departments obey
the law, but his order has not awaited tc
eliminate government-made dense smoke
and government buildings frequently emit
smoke Extensively without subjecting those
responsible to the penalties of the law. To
include the departments specifically within
the statutes prohibitions could. in any
event, do no harm since, If it turned out to
be superfluous, 1t would at least anticipate
the ruling from the higher courts that the
Commissioners expect to obtain and would
Furthermore make definitely binding the
President On the other hand, if this
amendment is not included and the upper
court goes counter to the hopes and views
of the Commissioners, the District will be
left without recourse in the law to proceed
against one of the worst classes of Of
feL ders.
1t IS undeniably desirable that the rail-
road locomotives be included under the
head of offenders, for they are the worst
of all the local smoke emitters. Whether
it is polite at present to press this point
upon Congress remains a question. Equity
and justice certainly demand this change
in the terms of the statute. But there are
some who fear that too urgent a present
insistence upon this point would rally the
railroads to fight against the whole move
ment for amendment. By far the most i'm
pCrtant object now to be gained is a re-
casting of the statute in a form to make il
definite as regards its operations and its
bearing upon the business men of the COM
munity. The accomplishment of that pur-
pose is sufficiently urgent to warrant con-
centratiou at this time upon the demand
for that change.
The sentiment of the District is plainly
expressed on this subject Ii is opposed
solely by the arbitrary assertion of the
commissioners that no change in the law
Is necessary or desirable. 1t is reinforced
by the remarkable attitude of the Police
Court judges, jurors and prosecutors, who
demur constantly against the requirement
to apply the statute in all its impracticable
severity to a single and small group OF
offenders, who are chiefly anxious that the
law be made effective without being un
bearably oppressive.
Missouri has its futters of excitement