Evening star., 1949-10-21
Smith Acquitted
In Anti-Po|lution
Law Test Case !.
Sond Firm Operator
Charged With Falling
To File Plant Report !

Alfred H. Smith, wealthy Prince
Georges County businessman. WAS
acquitted yesterday by a Circuit
Court jury on a warrant charging
him with violating the Maryland
anti-pollution law.
The State Water Pollution Con-
troll Commission thus lost an i'm
portant test case in which 1t
sought to establish a precedent.
Mr.. Smith, as operator Of tho
A. H. Smith Sand g. Gravel Co.
of Branchville, was tried at Upper
Marlboro on a warrant charging
that he failed to file a report In
compliance with an order Of the
commission. The report was de-
manded when commission chem
lists stated that discharge from
the sand and gravel plant polluted
Indian Creek.
Notified of Findings
Under the law, the commission
notified Mr.. Smith of it's findings
and called on him to submit a re-
port. showing what he was doing
to correct the conditions. Such
are required by Maryland
law.
Mr.. Smith wrote the commission
that he disagreed with its chem
lists. He declined to report on any
corrective action. He contended
this correspondence constituted
the legal report" The commits
sion argued to the contrary.
MFR. Smith, who also is pFesi-
dent of the Bank of Riverdale,
was convicted of the charge in the
trial magistrates court Septem-
ber 16 He was fined $50. His case
came up on appeal yesterday IN
the Prince Georges County Cir
cult Court. Judge John B. Gray.
jr., presided. and Michael T. Nc
Very of Meadows, was foreman
of the jury.
Kenneth c. Proctor. assistant
attorney general of Maryland,
who prosecuted the case, said the
Water Pollution Control Commis-
sion intends to proceed further
against Mr.. Smith. The lawyer
said the courts will be asked to
grant an Injunction for the pur-
poses of requiring Mr.. Smith to
comply with the anti-pollution
regulations. That would be a civil
action. whereas the one yesterday
was under the criminal" Law.
Court rulings in a civil case prob
ably would deal with the validity
of the anti-pollution law.
In the criminal case yesterday.
the commission sought to set q
precedent on the matter of filing
reports. B
Commission witnesses " eTse
Paul w. Mckee, its executive
secretary, and John G. Walters.
chemist. Mr.. Smith took the stand
IN his own defense and introduced
evidence of water analysis by
John c, McRae of Falls Church.
an engineer.
Mr.. Proctor said testimony
clearly showed that the Smith
plant discharge pollutes Indian
Creek far more than permitted by
law and refulations. He said the
defendant had refused to comply
with the first step provided in the
law. which was to file the report.
"Problem Affects State"
This problem affects the whole
State" Mr.. Proctor told the jury.
IF we don't preserve our natural
resources we're not going to have
any natural resources. We see an
example of that trend in the
Chesapeake Bay, where the oysters
have been depleted.
Il plead with you not to be
swayed because this defendant is
substantial and reputable citi-
zen. The very fact that he is .
reputable citizen may possibly
justify greater criticism than if he
had had no opportunity to UNDER
stand the law
Waldo Burnside of Hyattsviile,
Mr.. Smiths lawyer, said Mr..
Smith never should have been
taken into court on a criminal
warrant. He said correspondence
with the Water Control body con-
stituted a report, though Mr.
Smith did not agree with the COM
missions findings.
Mr.. Burnside complained that
Maryland law makes certain ex-
emptions for the Washington
Suburban Sanitary Commission.
If that body is to enjoy exemp-
tions. he said. individuals like Mr..
Smith should not have to suffer.
Holy Name Unit Meets,
In Silver SDrinn Sunday