Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-21

the present law to such an extent as to
prevent its efficient enforcement.
The prosecutions under many laws, and
many police. building and other regulations.
are from custom and from the nature of
things left much in tie discretion of the
officer or officers charged with their en-
forcement. Only such cases are generally
brought before the courts as can be justi-
fed by sufficient amount of evidence and
where the prosecuting official is satisfied
that the offense is, a punis liable one. 1t
would appear entirely safe to vest such dis
cretion in this instance. l believe that the
present law can be justly and equitably
enforced without injustice Or favor so that
no real offender shall escape punishment
and no innocent person suffer.
"An amendmentitis recommended to the
owned by the United States government.
and far as possible to locomotives, es-
pecially switching or yard locomotives,
which latter might avoid emitting smoke
by the use of other fuel than biturninous
coal. 81
Documents Submitted.
Accompanying his statement Comms-
sioner Biddie submits several documents
relative to smoke prevention, which he
considered in connection with forming his
decision on the proposed amendments.
Commissioner Macfarland, after reading
Col. Biddles statement, said that whiie
he believes the present law applies to sev-
erHment buildings and that the courts on
TIE appeal of the cases will construe
the law, Yet he is willing to agree to Col
BidGle's recommendation that government
buildings be specifically mentioned in the
law. He is also on record as in favor eff
extending the provisions of the law to To-
comotives, and today he reiterated that
Opir:on.
The decision of Col Riddle on this pro-
posed legisla ton has been awaited for sew
wi int
Zens of Washington, inasmuch as Com
missioner Macfarland opposed amending
the law, while Commissioner West favored
amending the law so as to permit of three
minute emissions a. intervals of not less
than one hour during the day. The de-
Gliding vote OH the question therefore rested
with Col Bddle, and In view of the agi-
tation of the matter among business men
of the city he took sufficient time TO con-
slider all phases of the question.
1t is expected that the report of the
Commissioners on the bin will be made to
Congress within few days.
Mr.. Vests Opinion.
Commissioner West, after reading Col.
Biddle's statement relative to the smoke
law, made the following statement:
Il yield to no one in my desire to see
Washington free from the smoke nuisance
AT the same time do not believe in re-
tanning upon the statute books(a law which
is not and cannot be obeyed and enforced.
1t was my desire to secure just and rea-
sonable act which would be executed i'm
partially and vigorously against all Of
tenders. -.
''As this has failed simply want to add
that on the Sth day of last December l
submitted motion to the Commissioners
to instruct the health officer to direct the
smoke inspector to prosecute IN the Police
Court without exception, every vioator
and every violation of the law. The mo-
ton has been ignored by the Commission
ers, who will not agree to amend the law.
and neither will they agree to vigorously
and impartially enforce 1T. l am content
with my record, Knowing that the law as
1t stands upon the statute books will ton-
tinue to be violated every day.