Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-03-06
An Inconsiderate and Injurious Veto.

placed himself on record as favoring the
abatement of the smoke nuisance in this
city, through his letter to the District Com
missioners calling them to account for what
he believed TO be their failure to enforce
the statute prohibiting the emission OF
dense black or gray smoke from the bust
ness chimneys of Washington. In view of
his attitude. thus disclosed, it was surpris-
ing and disappointing to find him last Sat
urday refusing to sign the newly enacted
amendment to the statute on the ground
that he had time to consider it, thus
effectually vetoing it,
The bill laid before him for signature
read as follows:
THAT until March 1, 1906, continuous
emission of more than two minutes or a
total of emissions of over twenty minutes
during any one day of twentyfour hours OF
dense or thick black or gray smoke or Gin
ders from any smokestack or chimney USED
in connection with any engine, steam Doller
or furnace of any description within the
District of Columbia, shall be deemed a
public nuisance.
Sec . That the owner. agent, lessee or
occupant of any building of any description
tthe chief clerk of the department or bu-
reau, if the building shall be one OF the
United States government buildings or the
health officer in case the building shall be
under the jurisdiction of the Commissioners
of the District of Coumbia) from the
smokestack or chimney of which there shall
issue be emitted thick or dense black or
gray smoke or cinders, except as above
provided within the District of Columbia.
on or after the day above named, shall be
deemed and held guilty of creating public
nuisance and of violating the provisions or
this act
This enactment accomplished three de-
srable ends: First. 1t included specifically
the public buildings with other potential
Police Court they are now excluded from
the provisions of the statute and when
prosecutions are brought against any gov
ernment officer he is forthwith stoutly and
so far successfully defended in court by
representatives of the Attorney General;
second. it constructively included the
railroad locomotives, which are by reason
of the wording of the statute now definitely
excluded from its operations; third, it
granted to the business men of Washington
the degree of experimental relief that had
been agreed upon by the Commissioners
and the District committees and the two
houses of Congress as just in the circum-
stances.
By refusing to sign the bill-perhaps be-
cause of the clause granting a year of two
minute license to the owners of business
establishments-the President prevented
very measurable.relief from the smoke nui-
sance a whole. He checked the process
which would have reached the misbehayior
In this respect of the two chief classes of
ofenders-the railroad locomotives and the
public buildings now immune from prose-
cution. 1t is a notorious fact that the great
est volume of disfguring, linen soiling
smoke comes from the stacks of the loco
motives and the government offices. And it
Is a
ers that they require regulation equally
with the business establishments
AS far as the locomotives are concerned
the Presidents refusal to sign the bill
leaves the case without remedy at present.
They can continue to smoke as foully as
they please without fear of prosecution. for
the statute which the unsigned bill sought
to amend eliminates them specifically from
the case. AS for the government offices
however, the President, if he desires to
WORK to the end of reducing the smoke
nuisance. can score point by repeating
anu strengthening and enforcing his order
mat all executive officers see that their
furnaces are kept within the requirements
OF the law. so far may be in the pres
eht state of the art of construction and
stocking. And he can go even further and
order that henceforth when any poyarr-
ment OFFICIAL is hailed to court charged with
vocation of the smoke law the ATTORNEY
GENERAL shall remain inactive and Let tho
Id" take Its course. instead of Fastening IN
me ueiehse OF the accused as heretofore
NAT part of the unsigned bill re1atipo r.
the privately owned furnaces is NOT 10
Syolu nope, as is elsewhere suggested ~,
thls page. In his attitude toward u .ha
president should reflect that the hin bad
the unanimous vote Of both Housas ond
"ouIu therefore, in theory at least If va-
toed in the middle Of the session. have baa,,
passed over the veto. He should also 70
member that the failure to sign the hin
last Saturday throws the case back to tho
previous condition Of impracticable probi-
oltion which Classics the innocent with
the guilty and renders the law and tho
"hoie legal system absurd and subject IN
pupllc contempt. The statute as il stands
is an invitation to violation rather than an
directive prohibition. BY consenting to q
further administrative Interpretation bv
the Commissioners. granting a tentative
two-minute margin-subject to annulIment
the moment the Commissioners find that
this margin tends to make the city more
smoky than before-the President will be
moving for a strengthening of the law. en-
Nstlng the sincere cooperation of every
furnace owner who now feels that he is
subjected TO unjust and impossible require