Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-11-10
NO APPLICATION
TO LOCOMOTIVES
Smoke Law Refers Particularly
to Stationary Engines.
INTENTION OF CONGRESS
Statement by an Assistant Corpora
ton Counsel.
CALLS DISCRIMINATION UNJUST
Section Of North Capitol Street Called
"'Smoky Hollow"-Electric :.
Motors a Remedy.
INTENTION OF CONGRESS
Statement by an Assistant Corpora
ton Counsel.
CALLS DISSEMINATION UNJUST

Notwithstanding the fact that
the spirit, if not the letter, of the
District smoke law is being vio-
lated every hour of the day by the
railroad companies, whose loco
motives ply the streets and pass
through the suburban places of the
District of Columbia, it is the opin-
ion of the corporation counseps of
flee and of the District Commission
ers that there is no redress under
the act of Congress regulating GER
tain phases of the smoke nuisance.
No attempt is made to explain why
a strong protest was not made
against the passage of law which
discriminates against business men
whose interests are here and in ia
vor of corporations whose interests
extend far and wide over the
United States.
1.-The law was not intended to apply to
locomotives" was the statement made to
Star reporter by Assistant Corporation
Counsel Stephens He added that the
smoke law refers particularly to station
airy engines, boilers etc.. and said the
corporation counsel had never found 1t
necessary to render an opinion regarding
the application of the law to locomotives or
steamboats, or to make a test case.
1T is very apparent that Congress in
tended the law to apply only to stationary
engines" Mr.. Stevens concluded.
1t was learned the Commissioners are
also satisfied that the smoke law was
pever intended to apply to railroad loco
motives. The only test cases as to the ap-
plicability of the law were to determine
whether II would reach the owners of
apartment houses. the main question being
whether apartment houses should be
classed as private residences or business
places.
In the meantime the business men who
have been fined repeatedly because smoke
stacks owned by them emitted smoke of
the so-called unlawful variety. are ex-
pressing righteous indignation at what they
term 1.-THE unjust discrimination" against
them. They wonder why smoke which
floats out of stacks high In the air Is classed
as unlawful. and therefore the subject of
Police Court prosecution, while the great
clouds of thick black gray smoke and
cinders.'' as expressed by the language of
the law. emitted at all hours from the
tunnels of locomotives and blown by the
winds into the very faces of pedestrians
and into the homes of citizens, Is per-
mitted.
Merchant Explains Difference.
'.The difference is.'' merchant re-
marked. that the smoke from the tall
stacks Of the stationary engines goes aloft
and mingles with the clouds. while that
| from the tunnels of the locomotives only
| q few feet above the sidewalks and road
| ways. penetrates residences and business
| places. paints walls back. fills nostrils
| with gas. SCOT and cinders and covers the
neighborhood with a black pail. The in
! justice of the smoke law should, there
| fore. be plainly apparent to every intelli-
gent person."
| An employee of the government printing
| that spans the tracks Of the Baltimore and
Ohio railroad at North Capitol street, q
| few yards north of the depot, has given
| the valley below through which the trains
pass to and from the train sheds the name
| of Smoky Hollow" This cognomen is moi
a misnomer. for the scene that was pre-,
| sented to Star reporter there yesterday
| bore out its significance. Below the bridge
| were several locomotives. and all were
| emitting clouds OF smoke of greater OF
lesser density and of several colors-black
dark gray, light gray and white. As a re-
| suit the scene presented in the valley was
| q smoky one, indeed. Some of the engines
| were "driilers." and as they shifted the pas.
aenger cars hirher and thithsr they puffsl