Evening star., 1941-06-22
Court UphoIds
Fireworks Ban
In Maryland
Non Explosive Types,
Such as SporkIers,
Only Ones Legal

Yesterday virtually assured "a safe
and sane Fourth of July" celebra-
ton for most of the Washington
area
Judge Eli Frank ruled, in effect
that the sale and use of flrecrackers
and other explosives in Maryland
is prohibited, but the sale OF such
non-explosive types as "sparklers
will be legal, the Associated Press
reported.
He upheld regulations by State
insurance Commissioner John B
Centrum to ban general public sale
transportation and use OF explosive
fireworks, but ruled an injunction
would be issued against the COM
missioner effort to ban noh-eH-
plosive pyrotechnics.
Monopoly for Fairfax.
Barring an appeal and ruling
bv a higher court, Fairfax County,
Va. will have monopoly OF the
explosive fireworks trade in the
washington area. Such sale and
Use in the District has been pro-
hibited for many years and a SINH
lar prohibition has been placed IN
effect by ordinances in Arlington
County, Va, and the city OF Alex
andria.
The Maryland regulations require
licenses for public displays of fire
works and thus will permit con-
tinuance of such community In
dependence Day celebrations as are
held in Takoma Park, Md. so long
as permit is obtained from the
State insurance commissioner.
The new court ruling is expected
to be felt most sharply by some
nearby Maryland volunteer fire
companies and American Legion
posts which in the past have raised
funds by their sales.
No Permits for Stands.
Irwin I. Kaplan. acting chief
engineer of the Maryland-National
Capital Park and Planning Com
mission, who issues permits for
erection of temporary fireworks
stands, said last night no permits
had been issued nor applications
made for such structures this year.
Members of the BladenSburg
tMd.) Volunteer Fire Department
said the ruling would work a con-
siderable hardship on them. They
said they obtain no funds from the
town of Bladensburg for operating
the department and rescue squad.
Each year they depend on the fire.
works sale to raise several thousand
dollars. it was asserted. They have
no plans to protest or appeal the
ruling and have not bought their
fireworks stock, they said.
John Gibson of the Cottage City
tMd.) Volunteer Fire Department,
said a tentative order for more than
$1,000 worth of pyrotechnics had
been placed. pending the Baltimore
court diciSion. Each year the de-
partment retailed more than 81 900
worth of fireworks at its two stands,
he said.
Fireworks Firms Fight 1t.
There have been bans on the sale
and use of fireworks in some sections
of Montgomery County for several
years. Most Montgomery and Prince
Georges fire companies discontinued
the sale of fireworks in recent years.
An injunction against all the reg
ulations of Commissioner Centrum
was sought by two fireworks COM
panies and a Cecil County taxpayer,
John w. McCool.
Mr.. Centrum said Judge Frank S
decision made it appear as though
I will be able to ban the general
use of about 80 per cent of all fire.
works, and I promise strict enforce
ment."
He said State police, States at
deputy fire marshals-with more
rnarshals sworn in If I find I have
not enough''-would be asked to en-
force the regulations.
To Be Strictly Enforced.
He declared a fine of $500 lis pos
sible for a violation. I should like
to warn every one, particularly the
storekeepers, that l mean what I
say when 1 promise strict enforce
ment."
Citing a new law giving the in
surance commissioner certain regu-
latory powers, Judge Frank said Il
am satisfied that the legislature
intent was to treat fireworks and
firecrackers as explosives, and that
the power of the commissioner to
make regulations is thus limited to
explosive fireworks or firecrackers. "
Mr.. Centrum, he added, sought
10 change the effect of this Ian
guage in the law. pointing out that
both explosive and non-explosive
fireworks were similarly packed,
could not be distinguished from
each other and that enforcement
of the ban against explosive pyro-
technics alone would be made more
difficult.
Courts Definition.
"a regulation requiring the pack
ing and marking of explosive fire
works so as to show clearly their
explosive character would, in my
judgment, strikingly come within
the legitimate field of regulation
by the commissioner" Judge Frank
said.
Therefore, he continued. Mr.. Con-
trum's regulation as it relates to
non explosive fireworks is not with
in the power granted by the law.
with respect to so much OF the
said regulations as relate to explo-
sives or audible pyrotechnic dis
plays, the regulations are, in my
judgment, valid" ,.-- ....
Legislature Ban Fought.
The Legislature passed a bill to
ban fireworks entirely, but its ef-
fective date was postponed by a
petition calling for referendum
on 1t at the 1912 election.
Mr.. Centrum issued his regula-
tions after this petition was filed,
and the fireworks companies in
their injunction suit said his ac-
ton tended to block the constitu-
tional right of petition and referen-