Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-03-06
UhUUU vi vIOII UhO IvIUOI uIvl VUIIUl
Departing Congressman at Method of Collecting the Pen.
White House to Say Goodbye. atty for inferior Gas.
CHAMP CLARK is TIRED COURT OF APPEALS VIEWS
Declares He Going Home Sleep Company Defaults Only When
Two Weeks Neglects Remedy Defects
HUGHES ON POSTAL BOARD ENTITLED TO "a HOURS TIME
Three Commissioners Majority Ruling Defeats
vestgate o Law.
Method of Collecting the Pen.
atty for inferior Gas.
COURT OF APPEALS VIEWS
Company Defaults Only When It
Neglects to Remedy Defects.
ENTITLED TO "a HOURS TIME
Justice Robb Dissents, Holding That
Majority Ruling Defeats
Purpose Of Law.

When Illuminating gas furnished by the
Washington Gas Light Company Is below
- candlepowcr or contains impurities
prohibited the inspector OF gas and me-
tiers must send a notice to the company.
No penalty is incurred by the default OF
the company unless IL fails tn correct
these conditions within twenty-four hours.
If the defect exists on two successive.
days the company becomes liable to the
penalty of the statute. Sf0o for each day.
This view OF the purity-of-gas law In
stated by the District Court of Appeals
today in an opinion by Mr. Justice Van
Orsdel. reversing the finding OF the Dis
trict Supreme Court in favor of the gas
company. The lower court held that the
District had to show that the alleged de-
feet in the gas continued for a space OF
twenty-four hours. The District asked
$500 for alleged default of twenty-ninc
days by the gas company.
Mr.. Justice Robb dissents in part from
the finding of his associates on the ap-
pellatc bench He expresses the opinion
that the Interpretation given the statute
by his associates defeats it's apparent
purpose.
Justice Van OrsdcI declares that ali
the law requires is an inspection some
time during the twenty-four hours. and
that good administration would suggest
several tests. IL impurity or lack of can
dlepower Is discovered the company must
be notified. and if the gas on the follow
ing days inspection comes up to the
legal requirements the company must be
considered to have responded 10 the no
| tice, and no penalty attaches. II the de-
feet Is still apparent on the second in.
spection the court holds the company has
| violated the law and laid itself open to
the penalty.
Views of Dissenting Justice.
In dissenting. Mr.. Justice Robb says:
II regret that i am unable to concur
in that part of the opinion of the court
| to the effect that no violation of the law
fixing the standard of Illuminating power
and purity of Illuminating gas supplied
by any company I'm this District can take
place until after notice TO such COM
pany of its default when. quoting from
the opinion, the penalty Immediately be-
gins to run, and, IL the defect be per-
mitted to extend for the full period of
a day, liability for one penalty will at
tach. and the company will be liable for
similar penalty for each succeeding
day during which it permits the default
to continue
I'm other words, before the company
can be subject to any penalty for fail
ing to comply with the law, its default
| must continue for the full period OF
| a day after notice. If the default termi-
mates Wltnlf Indt peflOQ, 10
whatever attaches. The company may
again default the following day and II.
after another notice, IL complies with the
law within a day from such notice. IT
| can escape the prescribed penalty.
No Guard Against Periodic Default.
1T thus appears that under the courts
| ruling there may be a willful default
| every other day without any penalty at
taching. 1t is apparent, 1 think, that
such ruling goes far toward the emas-
of its apparent purpose to insure TO the
people of this District Illuminating gas
of prescribed standard of purity and
ought not to obtain unless the language
of the statute clearly demands il. / d.
not think it does.
Il think ii clear that Congress intend
ed that a penalty should attach for eacn
and every willful or negligent failure Oh
the part of any gas company to main
tain the prescribed standard of purity
and illuminating power of gas furnished
the people of this District.
Jury to Determine.
1T is for the jury to say, i'm a given
case. whether such departure from
standard was occasioned by some I'M
avoidable cause or was the result of
carelessness or design.
with great Difference | submit that
the Interpretation given the statute in
the opinion of the court defeats its ap-
parent purpose