Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-10-12
WILL PROSECUTE
GAS COMP PAN|ES
Recommendation by Inspector
Receives Approval.
Mr.. MACFARiAND'S ACTION
Product Said to Have Been Below
Standard on Certain Dates.
ONE PROVISION OF THE LAW
Reference to Ordinary Care and
Pludence'-Oficials Concerned
Decline to Discuss Matter.

Commissioner Macfarland has
approved & recommendation OF the
Inspector OF gas and meters that
the Washington Gas Light Com
pany and the Georgetown Gas
Light Company be prosecuted for
furnishing Illuminating gas below
the standard OF candle power and
purity on certain specified dates
since the Ist of July last.
Before approving the recommendation
Mr. Macfarland conferred with the cor
poration counsel, Mr. Thomas. and the in
sPector of gas and meters, Mr. Runyan,
and learned that in their judgment the
facts would support the prosecution. The
acts of Congress prescribing the standard
Of candle power and purity for illuminat-
ing gas and providing that upon the re-
port of the inspector of gas and meters
that the gas is below standard, "the COM
pany, person or persons supplying the
same" shall be subject to a penalty of
500 for every day during which the vio-
latiOn continues contains this proViso:
Provided, however, that If 1t shall ap-
pear Illdl Suttl q Q-'kldtsOn from tIc ABOVE
named standards could not have been pre-
vented by ordinary care and prudence,
but was oCcasioned by some unavoidable Q
causes. then the said penalty shall not be
enforced
Heretofore the inspector of gas meters
has not had cases of deviation from stand
ard 10 report In which Ec felt certain
that the facts would sustain prosecution,
IN view OF the terms of this proviso. But
now the corporation counsel and the in
hot ftl1t-
have good cases.
Test in the Courts.
Commissioner Mcfarland takes the po-
stion that on their recommendation the
matter should certainly be tested in the
courts. If il should turn out that the
final decision of the courts indicates that
successful prosecution in any case IS
practically rendered impossible by the
proviso the matter viii be called to the
attention of Congress.
Mr.. MaCfarland received n letter from
Gas Inspector Runyan yesterday setting
forth that the gas OF the Washington
Gas Light Company has on number of
occasions been below the standard dur
ing the months of July, August and Sep
tCmber, and IL was Mr.. RUnyan who sug-
seSted that the matter be referred to the
corporation counsel with instructions TO
proceed before the proper tribunal TO col
lect the penalty provided for violation OF
the law.
The law requires the Illuminating gas
furnished IN the District Of Columbia to
be at least equal TO twenty-five candle
power by the Bun sen photometer, and
that the gas shall not contain more than
five grains OF ammonia in any form in
one hundred cubic feet. shall not contain
more than twenty grains of sulphur in
any form In one hundred cubic feet. and
shall be free of the mpurity known as
suphureted hydrogen hydrogen sui
phide).
Commissioner Macfarland and Corpora
tIon Counsel Thomas had another con-
ference at the District building today, and
IL is said both are sanguine as regards
the proposed prosecution.
Decline to Discuss Matter.
Mr.. John r.. Mclean, president of the
Washington Gas Light Company, when
communicated with by telephone this aft
ernOon. declined TO make any statement
regarding the suggested prosecution of his
company.
Mr.. George r. Howard. president Of the
Georgetown Gas Light Company when
seen at his home by a reporter for The
Star said that he had no statement TO
make on behalf of his company with re-
gard 10 the recommendation Of prosecu-
ti"n approved by Commissioner Macfar-
land.