Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-04
SMOKE LAW 0l[ENSES
Judge Scott ReiteFategI !, Rule
Regarding Fli ire .
ANIMATED co4LoeUY
COURT CRITICIsEs AND PROSE-
CUTTING ATTORNEY aEsEArs.
e u
Proprietor of Cochran Hotel and Wash
ington Railway and Electric Com
pany Incur Penalties.
ANIMATED Co4LoQUY

pany Incur Penalties.
There were two alleged violators of the
smoke law up before Judge Scott of the
Police Court this morning, Eugene s.
Cochran, the proprietor of the Cochran
Hotel at the corner of 14th and K streets
northwest, was the first one called, an at
tachment to secure his appearance in court
having been issued by Judge Scott yester-
day morning. Judge Scott stated at the
time he did not believe in requiring alleged
offenders to appear i'll court after they had
forfeited collateral, but If the assistant cor
poration counsel desired to have Mr.. Coch-
ran appear he would issue the attachment.
This statement was repeated to Mr.. Coch-
ran by the court when he appeared this
morning to answer the charge.
Clerk Harper addressing Mr. Cochran,
asked If he desires to plead guilty
or not guilty to the charge, and the
plea of guilty was admitted. Judge Scott
then told the clerk that the money which
had been forfeited would be returned and
the forfeiture set aside, to which Mr.. Pugh
did not object. @
Inspector Wollard Of the health depart
ment took the stand and stated that he
had the stack of the Cochran Hotel under
observation curing part VI the afternoon
Of January 81, 1905, and that in the time
specified black and gray smoke was
emitted therefrom from 80 to 1: BOZ PM.
1:49 to :54 p. m. and 3:13 to 3:131a pm.
''Mr. Cochran said Judge Scott at this
juncture, "you were sent for because the
assistant corporation counsel did not think
the $40 collateral which you deposited was
sufficient penalty for the -offense, but
believed at the time that it was sufficient,
and I would like to hear anything that
to-, to
In response Mr.. Cochran stated that the
day mentioned in the inspectors report the
hotel company had received a bad lot of
coke and the same was sent back, but not
until it had been used for one day. AS
soon as he found the coke was an inferior
article it was sent back to the one from
whom it was purchased and better quail
ity substituted.
II have been careful said Mr.. Cocb-
ram land have had the stack watched
and every effort has been used by myself
and the employees of the Cochran Hotel
to prevent the emission of smoke from the
stack
Rule for First Offender.
Judge Scott stated that the rule for first
offenders has been to accept the minimum
amount of collateral, which was $40.
Il directed the clerk sometime ago. he
said, that when these offenders are
tense was the first one that had been COM
mitted that he could accept $40 as collateral
for their appearance, and he was right
when he took this amount from Mr.. Coch-
ran. The assistant corporation counsel has
been Jealous in bringing these people into
court and trying them after the collateral
has been forfeited, but 1 have again directed
the clerk that there shall be no discrimina-
ton between parties that have violate this
law. and that the $40 collateral will not
suffice hereafter.
A Spirited Colloquy.
Mr.. Pugh objected to remarks Of the
court, saying: 1.-THE courts criticism is a
criticism of the Commissioners of the Dis
trlct of Columbia, and do not like IT,
You have been stripped Of all your
powers, and are a figure head" answered
Judge Scott, and are being urged to still
greater effort by others, who want these
cases prosecuted to the limit
Speaking in a loud tone Of voice Mr..
Pugh said: II do not think the court should
criticise my conduct of the prosecution of
these cases, for l am here for an active
of all cases that may come up
before this court, and as far as that is con-
cerned we are all here to support the law
in every branch
I'VE could demand from $50 to 800 col
lateral in these cases, If We wanted to- re-
criticise any case that may come up be-
fore it If it is deemed necessary to criticise
1t, and some one, l do not know who it is,
has seen fit to air matters in the public
press to a very great extent
Mr.. Pugh answered that his superior. the
corpora ton counsel of the District of CO.
lumbia. Mr.. Duvall, was responsible for the
publications.
Some one did it, that is an assured
fact" returned the court.
"YOu criticised me Yesterday when these
cases came up, and 1 am informed that
you spoke of the way l was conducting
these cases after 1 left the court room
yesterday morning after the adjournment"
Mr.. Pugh.
Judge Scott said the court had entered
some large fines of late, and the assistant
corporation counsel had the credit for
them. And it is said you took collateral.
as the Com missioners had indicated some
time ago to you, it should be taken.''
Mr.. Pugh replied that the responsibility
for the taking of collateral with the
court and no other authority in the Dis
triet of Columbia.
The court then fined Mr.. Cochran $40,
which was paid.
Pleads Guilty by Advice of Counsel.
. Lindley E. Sinclair, superintendent of
the Washington Railway and Electric
Company, was the next defendant ar
raigned. Attorney Lackey told Mr.. Sim
Sidir " piedu guilty Wnen the clerk asked
as to whether he was guilty or not guilty
of the two offenses with which he was
charged, and this was done.
Inspector Wollard was called to the
stand and testified that the stack of the
power house belonging to the company,
and located at u and streets south
west, was under observation January %
and February /, 1905, and on the first
named date dense black smoke was emit
ted from II :O2 to II :05 am. 11:1O to HIP
m, 11:27 to 11:31 am and II: 36 to
ll:3I " am; on the latter date. from
:2iA to 1874 pm. AS Mr.. Sinclair was
the superintendent of the company own
ing the building, the inspector added the
information was filed against him.
When Mr.. Sinclair was asked If he de-
sired to say anything, Attorney Lackey
stated to the court that the company had
been doing all in it's power to stop the
violations at their several plants in the
city of Washington.
He said the principal experiments were
oeing made at the powerilhouse at 18th
ana b streets northwest, but they have n
smoke device at the house at AZ and P
streets southwest that is not effective.
Company Doing It's Best.
We are profiting by experience, and
nave ordered two new smoke consuming
devices, and l think the company is try
Ing to do all in its power to remedy the
evil. l am positive the court can readily
see that we are doing our best in the mat