Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-03-31
INJUNCTION DENIED
JUSTICE STAFFORD DISCHARGES
RULE IN Smoke LAW CASE.
Bill of Complaint by Flora M. Gill and
Others Against Purity Ice
Company.

Justice Stafford in Equity Court No. 2
this afternoon discharged the rule issued
In the case of Flora NJ. Gill and others
against the Purity Ice Company and denied
the request that temporary injunction
be issued. The bill of complaint was filed
by Flora NJ. Gill, Charles II. Krey, May b.
Miller and Thomas Martin for the purpose
of enjoining the Purity Ice Company from
operating its plant with bituminous coal.
1t was alleged that the compliments reside
in the neighborhood of 9Th and X streets,
where the plant is located, and that by rea-
son of the operation of the plant and the
use of its furnaces the company has been
maintaining a public nuisance, and that
black or grey smoke, dust, SCOT, cinders
and noxious gases have emanated from the
smokestack of the plant daily and nightly,
and that the same is borne by the wind and
deposited upon the nearby properties of the
complainant.
The Purity Ice Company, through Attor-
neys Brandenburg Il Brandenburg and
Myer Cohen, filed answer denying that
nuisance was committed. and averring that
for ten years past it has been operating its
plant without complaint until the recent
crusade by the District authorities against
all local industries using bituminous coal.
1t was also commended by the company that
in the neighborhood of its plant there are
several other establishments using bitumi-
nous coal, and that. therefore, the COM
that the defendant was solely responsible
for any alleged damages
A Further Contention.
The company further contended that the
fact that it has been convicted in the Po-
lice Court of violating the smoke law does
not indicate that it is maintaining a nui-
sance, but that under the construction by
the Police Court. and violation of the pro-
visions of the smoke law even if it be for
n few seconds. constitutes a technical Vio-
lation of the law.
that 1t has expended in the construction of
its plant more than S1J0,OOO; that 1t has
used the most improved methods for con-
Stunning smoke, and that whenever ennis
sions of smoke from its chimneys have oc-
Cured they have been for limited periods
only, and on exceptional occasions 1t was
further declared that more or less annoy
ance and inconvenience from smoke is an
inevitable incident to life in a city of the
size of Washington. The company added
that there are hundreds of other business
enterprises, Office buildings, hotels, laun-
dries, government buildings. and even the
buildings under the control of the municipal
authorities that emit smoke at the time
of firing, and that very many of them have
been convicted in the Police Court.
Alleged Damage to Business.
It was argued that to hold that such
conviction makes such institutions nuis-
anceS which should be arrested by lnJunc-
ton would result in driving many of the
business enterprises in the city of Wash
ington out of business, entirely wreck them,
and prevent the operation of hotels, apart
ment houses, office buildings, including
each and every one of the government de-
partments, the White House itself and the
United States Capitol. The law with ref
erence to the emission of smoke in the
city of Washington is unjust, counsel de-
clared, and the court was informed that
this has been repeatedly asserted by the
most prominent men of the District, and
their grievances have been laid before Con-
gress and it's committees, the committees
having recommended a change of the law.