The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1910-12-06
SMOKE LAW
is BEATEN
Proposed Ordinance Fails Of
Passage by Alderman
After Discussion.
PROS AND CONS BY CITIZENS

Gfbl IGOuUilS Uyt Otl6 DOdIuxOl dluCilhOH3
the proposed ordinance against smoke,
gas and fumes was defeated at FRI
day nights session of the board. With
all the members present, the only ones
to vote for the measure were Alder
men r. Rallston Reed, KinsIey Twi-
ming and Frederick w Ford.
Before the vote was taken there
was discussion of the merits and ef-
fects of the proposed measure particf-
pated in by several citizens.
The first speaker was John R. Barr,
of the firm of Reeve & Burr, whose
planning mill, the residents Of Oily
phant park declare, is an offender.
Mr.. Burr told Of the use of wood in
former years, but how Of late the fuel
was coal, thirty-two to thirty-eight
tons being used per month. He as
serted that soft coal had never been
used and that he had never heard a
complaint until a month ago. Tf e
smoke from the mill, he said, was
caused by the use of shayings and
other waste material to start the fire
under the boilers each morning. AL
so on days when the air was light the
waste, stored in a big pit, was burned,
but care was taken to select days when
the smoke would not annoy people in
the nejghborhood.
"trhe reports about this smoke are
greatly exaggerated, said Mr.. Burr.
9 What shall be done with this waste
if we do not burn it, the town pro-
vides no place for it I? IT this ordi-
nance goes into effect it will prohibit
the making of gas and electricity
This measure is aimed at us because
our plant is located near better homes
than the others. III this measure is
put in force it win close up our plant,
something which should not be done
just to accommodate few nearby pec-
pie"
Appearing in behalf of the George
A. Mills Woodworking Co., John NJ.
Mills addressed the aldermen. He
~, Srfas5ys srSsisi----e>.e g ., re.
ing impossible to enforce and called il
a strike measure. The use of soft Goa
by the Morristown s. Erie railroad 10,
comotives was pointed out and the
sparks being thrown from the stacks
Of the Lackawanna locomotives draw.
| ing the Buffalo trains Though Nor
risIown are a constant source of dan.
ger from fire, he thought.
What will you do with your tai
heaters used in the streets of the
town, they emit smoke" queried the
counselor. 1--WE have to have factor
les This measure has no limit, it affects
everybody who builds a fire in a stove
or causes any fires to be built on his
place. This is a strike ordinance, be-
cause it permits any person to bring
an action three years after the alleged
violation occurred This law is not
asked for by many people and there is
no great demand for it,
81 would contradict the statement
that this is strike ordinance" said
Harold Stonier, the next speaker.
/" We don't want to put anyone out of
business, but assert that no one has
any right to maintain-a nuisance. The
smoke, has been so dense from the
Reeve & Burr chimney that L have
been unable TO see their mill fifty
yards away from my home. The smoke e
continues for hours and What we want
is regulation, we don't ask that it be
stopped altogether"
Fred M. Day corroborated Mr.. Ston-
ier's statements and asserted that the
smoke had ruined clothing in his
home.
Alderman Twining told Of his draft
ing the ordinance and took the respon-
sibillty for its introduction, because,
he said, many people bad complained
to him about the smoke and asked
that it be stopped by the drafting OF
an ordinance similar to those in the
large cities.
"Mr. Burr has exactly the same right
to emit smoke from his mill after this
ordinance goes into effect as be has
now.' said MT. Twining, the 'only
thing it does is to prevent him from
committing nuisance. 1t provides
chat smoke injurious to health or in
such quantities as to affect the enjoy
ment Of property or to injure property
shall be violation. We should have
such an ordinance and as to it's being
enforced, that is question for the
courts. The present law on this sub
ject permits any person to secure an
injunction, which is a tedious and
costly procedure. All we ask is to
have these people stopped from com
mitting nuisance"
Under this ordinance to get relief,
you must 60 before a police justice or
Justice Of the peace, while under the
present law you may go direct to a
vice chancellor" /" said Mr.. Mills. 1t
seems to me that the present way is
no cheaper, for neither side would be
satisfied with decision made In a
police court and it would be taken
step by step to higher courts until it
reached the COURT OF errors and APP
naa1a .,