Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-10
PENAL T|ESl INCURRED
Fines Aggrsgatiag $3.50
Against One Company
UNDER SMOKE LAW
NINETEEN CASES AGAINST Po-
ToMAC ELECTRIC POWER co.
Statement by General Harries, General
Manager of the Company-Re
Spouse by Mr.. Pugh.

| Judge Scott, in the Police Court today
imposed fines aggregating $3.50 in nineteen
| cases of violation of the smoke law against
Lindley s. Sinclair, general superintendent
| of the Potomac Electric Power Company
| The law was denounced as unjust and
burdensome, and the intimation was given
| that unless relief is obtained from Con-
| gress the 'odious law would be taken be-
| fore the Supreme Court of the United
| States, where it would be short-lived
The cases against Superintendent Sinclair
date back to December II last and in some
| of them jury trials had been demanded. A
| feature of the cases heard today was the
| presence in court of Gen. George H. Har-
| ries, vice president of the defendant COM
pany. who made a detailed statement to the
court concerning the true inwardness of
the situation from the companys stand
point, and which evidently had great
weight with the court in determining the
degrees of the fines which were imposed. A
majority of the offenses We're committed, it
was alleged, at the plant corner of 18th
and B streets northwest
Pleas of not guilty were entered and At
torney c. c. Cole. for the defendants with
drew the demands for trials by jury in
seventeen of the nineteen cases.
The Inspectors Testimony.
Inspector Wollard testified as to the al
legged violations of the smoke law by the
defendants, as heretofore described in The
Star Attorney Cole asked the inspector If
the smoke, in order to constitute viola
ton of the law, must be black or gray as
well as dense or thick. Mr.. Wollard replied
that he had not reported any other kind
How do you determine when smoke is
dense or thick?" queried the attorney.
when l cannot see through it,, replied
Inspector Wolard.
Then" said Attorney Cole, when you
can see through smoke it is not thick?"
The inspector assented.
Plea for Leniency.
When the testimony was all in Attorney
Cole addressed the court. He sad the
smoke law, so called acts llarshly against
the citizen, and especially against the Fe-
PENDANT. The company had done its utmost
to comply with the law and he therefore
asked that the penalty be made as light as
possible under the circumstances. The de-
PENDANTS had not been deliberately Violat-
ing the law, and he hoped the so-called
high preventive penalties would not be
imposed. 1t had been d violation of neces-
Slty and not OF choice.
My clients said the attorney, ARE
placed in very serious position. The Com
missioners and others are demanding the
enforcement of this law, which, If enforced,
will stop the service mentioned. In the
last two years this defendant has paid in
excess of 1850 in fines. 1t is in the discre-
ton of the court to make the fines as small
as you believe the merits of the cases
warrant.
Gen. Harries Makes Statement.
Gen. George H. Harries then made
statement to the court. He said:
This company was first brought into
court as defendant under the smoke act
in March, 1902. At that date the law had
been in effect about three years and the
company had in use a device which was
considered by competent engineers to be
an effective smoke preventer. That it was
not effective was conclusively demonstrated
to the company's officers, and as soon
thereafter as was practicable the company
expended in excess of fifty thousand dollars
in removing one variety of smoke-consum-
ing device and installing other and alleged
to-be superior and law-complying substi-
tutes. Prosecutions still continued, how
ever, and since the first charge was made
in 1902 the company has paid in fines APP
proximately fifteen hundred dollars; which
amount added to the fines paid by COM
panies related by management to the de-
PENDANT company and to the Washington
Railway and Electric Company, makes the
total of fines paid foot up to about twenty
five hundred dollars
Gen. Harries then declared the expert
ments made with various kinds of coal, in
Guiding the New River variety, but claimed
be had seen no results that would keep
within the pale of the law as enforced.
He claimed that the workings of the local
law had forced his company into the hands
of the local trust" at great financial loss.
In speaking of the rise of anthracite coal he
said it was impossible in making cleo
tricity, as 1t did not respond quick enough.
Were we offenders through design or
carelessness," said Gen. Harries in conc.u-
sion. then we would be deserving of proper
punishment, but when we are doing our
full duty as good citiZens-having affec-
tionate regard for all of the material and
much of the sentimental welfare of the
national capital-we claim the protection
of the court in this thoughtless but no less
unjust assault upon our publlc-serving in
terests.''
The First Case Called.
The first case called today was that of
Edward S. Westcott and Walter r. Wilcox,
agents of premises 3016 and 8040 U street
northwest. stated to be apartment houses.
and the alleged violations were stated to
have occurred on January o. 1906, between
the hours of and o'clock pm.
This Is our first offense," said Judge An
son s. Taylor who appeared as counsel for
What offense?" remarked Prosecutor
Pugh, smilingly
"Oh, you know very WE'LL" rejeined
Judge Taylor. 1.-The smoke law
Judge Taylor stated that Mr.. Westcott
was not present in court, but he would, as
his counsel, answer for him and enter a
Mr.. Pugh thought the presence of Mr..
Wilcox was necessary at the hearing,
adding facetiously: y. $50
1.-THE only time we can make our court
respectable is when these coal cases are
brought here.
Mr.. Wilcox put in his appearance at this
point, and Judge Taylor changed the plea
of guilty to one of not guilty.
Judge Taylor contended that the houses
complained of were, individual buildings
and not apartment houses, and therefore
do not come under the provisions of the
smoke law.
The Testimony Heard.
Inspector ]. Frank Butts testified that he
kept the stacks under observation two
hours (from 2 to O clock) on the afternoon
of January 3. He said the buildings COM
planned of comprise row of ten buildings.
each building containing three fats He
described the two central heating plants for
the houses, and added that he examined
the plants and found that soft coal was
being harmed. He described the dense
smoke he witnessed emerging from the
stacks.
Judge Taylor stated that the violation