Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-11-04
AS TO QUALITY AND PURITY
Allegation Of the Product Being Be-
low Requirement.
CORPORATION COUNSEL ACTS
Possible Stumbling Block to Recov-
ery-Provisions Of Acts Of Con-
gress-candlepower.

Suits at law were today filed in the
District Supreme Court by the District of
Columbia against the Georgetown Gas
Light Company and the Washington Gas
Light Company to recover $2.600 and
81, 800, respectively, for alleged viola tions
of the act of Congress relating to the
quality and purity of gas furnished to
residents Of the District. BY curious
coincidence the Commissioners have in
yoked the same law under which the
Georgetown Gas Light Company seeks to
increase its capital stock. the act of June
6, 1896. The suits are filed as the result
of report Of the inspector of gas and
meters made to the Commissioners Octo-
Der II last.
A similar report, showing alleged viola
tions of the act. was made to the Com
missioners when the late Andrew B Du-
vail was corporation counsel and 1t is
understood he held that it was inadvisable
to sue, because it was doubtful if the
District could recover the penalty i'm
posed by the statute. Corporation Coun-
sci Thomas, however. is of opinion that
the burden of proof is on the companies
to show unavoidable causes and he
has advised having the question legally
decided.
The stumbling block to recovery, as
maintained by Mr.. Duvall, is a proviso in
the act which reads: THAT If It should
appear that such deviation from the fixed
sta ndards could not have been prevented
by ordinary care and prudence but was
occastoned by some unavoidable causes,
then the penalty shall not be enforced. .
Mr.. Thomas thinks the court should de-
eide just what Is meant by the wording
of the statute as to unavoidable causes. !"
Text Of the Statute.
The full text of the statute sued on
provides that from and after June 30.
1896, the Illuminating power of the gas
furnished by any gaslight company, per-
son or persons in the District of Column
bia shall be equal to twenty-five candles
by the Bunsen photometer, using the
Bray slit union burner No. Z, consuming
five cubic feet of gas per hour, and such
gas shall not contain more than twenty
grains of sulphur in any form in 100 cubic
feet, not more than five grains of am
nlonia in any form in 100 cubic feet. and
shall be free Of the in1purity known as
sulphuretted hydrogen. said impurity to
be determined by passing the gas through
glass vessel containing strips of bibulous
paper moistened with a solution of the
acetate of lead, and if any discoloration
place this is to be held conclusive as to
the presence of sulphuretted hydrogen in
the gas.
When the Illuminating gas supplied by
any company. person or persons in the
District of Columbia shall at any time
be Of less Illuminating power or of less
purity than according to the standard just
hereinbefore given. it shall be so reported
by the inspector OF gas and meters to
the company. person or persons supply
ing the same. who shall be subject to
penalty of 500. to be recovered before
the proper tribunal and paid into the
treasury of the District OF Columbia afore-
said for each and every day during which
such violation shall continue
The Illuminating power required under
the foregoing act was, by act of March B.
1905. amended and reduced to twenty-five
p6loS