The Birmingham age-herald., 1911-04-02
SMOKE NUISANCE AND THE LAW
Chicagos Smoke Bill S21 S3OOOO Year-Smoke Closes a
 School in St Lous-A Smoking Chimney Means Waste
By CYRUS LOCKER Cleveland Cham Der of Commerce


 fuel and highly desirable to the pub lie.
 The source of governmental authority to abate the smoke nuisance is the police power of the state. This means the gen eral right of the government to pre- serve and promote the public welfare by establishing such rules and regulations for the conduct of all persons and the management of all property as may be conducive to the comfort, safety and well fare of society.
 The legislature frequently gives to the municipalities the power to declare what shall be deemed nuisance within city limits. Cities also have the power under the common law to cause the abatement of nuisance that are such in themselves without being specifically so declared If the legislature gives the cities specific power to declare the emis- sion of dense smoke within their limits to be a nuisance it must be exercised by ordinance and not committed to the dis cretion of municipal officers.
 Some courts have held that the words emissions of dense black or gray smoke" are vague and uncertain. but these decisions are outweighed by the trend of later verdicts throughout the country. Everyone knows what IS meant DN uSilSb SluOhc IL lS tdoti! recognized by the sense of sight and leaves it's mark wherever it falls. Con- victions may be obtained by the ordi- nary prosaic manner of asking witnesses of what they have seen. Juries and courts will not pretend to be more ig- norant than the rest of mankind. The jury. decides as question of fact whether smoke coming from chimney is dense.
 fJa nf1f4 fp,s abating the smoke caused by tugs and locomotive engines. Although these may engage in interstate commerce. Congress has not yet acted and it is only repug- nant and interfering local legislation that must give way to the paramount laws of Congress eonstitutionally enacted. Therefore an ordinance providing for the abatement of dense smoke does not inn pose any restraint on the use of boats and locomotives. although engaged in general commerce, other than is con- sistent with law.
 Some recent decisions such as Harmon vs. Chicago have held that dense smoke in a city is a nuisance even though not specifically so named by any law and this doctrine enables municipal corpora ations to abate "dense" smoke without specific authority from the legislature.
 Courts have taken judicial notice of the fact that the discharge of dense smoke into the atmposhere in a large city is of itself a nuisance to the general public. It is injurious to vegetation, to many kinds of goods and annoying 10 the people. The courts, therefore. con- fer upon municipal corporations ample power to prevent Il nuisance which of recent years has greatly interfered with the health. comfort and convenience If citizens. In view of the advanced leg islation and judicial decisions in recent years. We may well say that the law pertaining to the smoke nuisance Is pros gressive, and will keep pace with the popular sentiment regarding the emis- sion of "densen smoke into the air in large centers population.