amount of heating to be done by such plant and all appurtenances thereto, including all provisions made for the purpose of securing complete combustion of the fuel to be used and for the purpose of preventing smoke and shall also contain a statement of the kind of fuel proposed to be used. Upon the approval of such plans and specifications, a duplicate set of which shall be left on file, and upon the payment of the fees as hereinafter provided the smoke inspector shall issue a permit for the reconstruction, erection, or maintenance of such plant. As soon as the smoke inspector has examined the plans and specifica- · tions submitted and has issued a permit as above provided, it shall be the duty of the inspector to see that the execution of the work permitted is carried out in conformity with the plans and specifications with special reference to the amount of space used, and size and construction of chimneys used, and the provisions for the prevention of smoke.

SEC. 8. It shall be unlawful for any person to use any new or reconstructed plant for the production and generation of heat and power, or either of them, either for sale or manufacturing purposes, until he shall have first procured a certificate from the smoke inspector that the plant is so constructed that it will do the work required, and that it can be so managed that no dense smoke shall be emitted from the chimney connected with the furnace or firebox, except as permitted in this ordinance.

SEC. 9. No owner shall alter or repair any chimney, fireplace, or any old furnace or device, which alteration, change, or installation shall affect the method or efficiency of preventing smoke, without first submitting plans and specifications to the smoke inspector and securing a permit therefor. In case of controversy the plans and specifications herein required shall be submitted to the smoke-abatement commission as provided in section 7 hereof: Provided, however, That minor necessary or emergency repairs which do not increase the capacity of such plant or which do not involve any substantial alteration in structure and which do not involve any alteration in the method or efficiency of smoke prevention may be made by or under the engineer in charge of said plant without a permit. A violation of this section shall subject the guilty party to a fine of not to exceed $25 for each day upon which he shall prosecute such alterations, change, or installation without a permit, and each day's violation shall constitute a separate offense.

SEC. 10. The fees for the inspection of plans and issuing of permits and for the inspection of plants and issuing of certificates shall be as follows:

For inspecting plans and new plants and plants about to be reconstructed, $1.50. For inspecting plans for repairs and alterations, $1.50.

For examining a plant after its erection or reconstruction and before its operation and maintenance, $1.50.

The fee paid for the inspection or examination shall include the issuing of a permit or certificate in case such permit or certificate is granted. No fees shall be charged for detached residences.

SEC. 11. The issuance and delivery by the smoke inspector of a permit or certificate for the construction or reconstruction or for the alteration or repair of any plant, fireplace, or chimney connected with the plant shall not be held to exempt any person or corporation to whom any such permit has been issued or delivered or who is in possession of any such permit from prosecution on account of the emission or issuance of dense smoke contrary to the provisions of this ordinance.

SEC. 12. The city shall provide such instruments, books, papers, and equipment as shall be necessary for the proper performance of the duties of the smoke inspector, and he shall have charge of such instruments, books, papers, and equipment, and shall deliver the same to his successor in office.

SEC. 13. The smoke inspector shall cause to be kept in his office a complete record of all plans submitted, and of all permits issued, and of all examinations of plants made, and also all certificates issued. He shall make a report of the work of his department to the city council annually, on or before the 1st day of April, and at other times as often as required by the city council.

SEC. 14. If any smoke inspector acting on behalf of the city under the provisions of this chapter shall take or receive any money or any valuable thing or favor for the purpose of favoring any person or persons, or if any inspector shall recommend the issue of any certificate of inspection without having at the time stated thoroughly examined and tested the furnace, device, or apparatus so certified, he shall be subject to a fine of $100 for each offense, and it shall be the duty of the council to promptly suspend from office any smoke inspector against whom a charge of this kind is made, and upon conviction to promptly remove said inspector from office..

SEC. 15. For the purposes of this ordinance "chart," when used, means Ringelmann's smoke chart, as published and used by the United States Geological Survey.

"Stack" means any chimney, smokestack, or other structure, whether of brick, metal, or other material, intended for the emission of smoke. Smokejacks on locomotive roundhouses shall be deemed stacks and a part of the locomotive beneath them for the time being.

SEC. 16. The emission of dense smoke of a degree of density of No. 3 of the chart or greater for more than 6 minutes in any one hour from any stack, chimney, smokestack, or other structure for the purpose of emitting smoke, except as hereinafter provided, is hereby prohibited: Provided, however, That until January 1, 1913, smoke of a degree of darkness or density equal to No. 3 of the chart or greater may be emitted for not more than 8 minutes in any one hour: Provided further, That in the case of locomotive engines the emission of dense smoke of a degree of density of No. 3 of the chart or greater for more than 40 seconds in any one period of 5 minutes is prohibited after the 1st of January, 1913, and until the 1st of January, 1913, smoke of the degree of density No. 3 of the chart or greater is prohibited for more than 1 minute in any period of 5 minutes: Provided, further, That the stacks of locomotives moving trains of six cars or more may be permitted to emit smoke in any 5minute period for 20 seconds in excess of that already provided for in this act, and that stacks of locomotives in and about roundhouses may emit smoke of a degree of density of No. 3 of the chart or greater for 60 minutes during the period when the fire is being built or rebuilt after cleaning the boiler. The number of minutes or seconds during which the smoke may be emitted in any period as provided in this section shall be deemed to mean the aggregate number of minutes or seconds, and such minutes or seconds need not be consecutive. SEC. 17. The council may by resolution divide the city into districts and may except from the provisions of this ordinance chimneys emitting smoke from brick and tile kilns or other plants within districts outside of the central part of the city.

SEC. 18. It shall be the duty of the smoke inspector to enforce the provisions of this ordinance, to investigate all complaints made with reference to any violations thereof. Upon the filing with said inspector of a complaint it shall be his duty to proceed at once, either by himself or his assistants, to take observations of the stacks or chimneys complained of, testing the density of the smoke by the chart hereinbefore referred to, and it shall be his duty to keep a record of all such observations, which observations and records shall be open to public inspection at reasonable times and under reasonable regulations. It

shall be the inspector's duty to prosecute all persons violating the provisions of this ordinance regulating the emission of dense smoke, and in all cases where the punishment by fine fails to abate the nuisance he shall cause to be brought in the district court in and for Polk County an action for the abatement thereof. All such prosecutions shall be in the name of the city of

Des Moines.

SEC. 19. Temporary permits for the emission of smoke covering periods not exceeding six months from July 1, 1911, may be granted by the council to any person duly applying for the same and satisfying the council that he will make changes or improvements to prevent the emission of smoke in violation of the provisions hereof, but after July 1, 1912, no further permits shall be granted unless the council is satisfied that public convenience requires it, and permits so granted shall be for a period not exceeding six months.

SEC. 20. On and after the passage of this ordinance and until the 10th day of April, 1912, all of the duties herein enjoined upon the smoke inspector shall be performed by the person filling the office of fire marshal.

SEC. 21. Any person or corporation who shall violate any of the provisions of this ordinance, except as herein otherwise provided, shall be fined not less than $10 nor more than $100 for each offense.

SEC. 22. This ordinance being deemed urgent and necessary for the public peace, health, and safety, shall be in full force and effect from and after its passage and publication as provided by law.

Signed September 6, 1911.

JAS. R. HANNA, Mayor.

The present ordinance of the city of Milwaukee is presented below:

The common council of the city of Milwaukee do ordain as follows: SECTION 1. Chapter 21 of the general ordinances of the city of Milwaukee, passed May 28, 1906, is hereby amended to read as follows:

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SECTION 1. There is hereby created a new office for the city of Milwaukee which shall be known as the office of smoke inspector, and the person occupying that office at any and all times shall be known by the title of smoke inspector. Such inspector shall be appointed by the mayor, subject to confirmation by the common council, and shall hold office for the term of four years, provided that the mayor may suspend said inspector for cause, and when so suspended shall cease to exercise the functions of his office until he shall be reinstated. Pending the period of suspension, the duties of the office shall be performed by the deputy smoke inspector oldest in the service. In case of such suspension, the mayor shall at once communicate to the common council the charges against the inspector, and the president of the council shall thereupon appoint a committee of five members of the council to consider and examine the same, giving the inspector an opportuntiy to be heard. Said committee shall report to the council as soon as may be its findings and recommendations. If the charges shall not be sustained by the council the inspector shall be immediately reinstated. If the council shall determine that the charges are sustained they shall at once determine whether the good of the city requires that the suspended inspector shall be removed from office or shall be suspended from office without pay for a fixed period. The council shall communicate their decision to the mayor in writing, who shall thereupon make it public. The present incumbent of the existing office of smoke inspector shall be considered appointed as smoke inspector under this ordinance.

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No person shall be eligible to said office unless he is by trade or profession a steam or mechanical engineer with an active practical experience of at least five years in working at said trade or profession. Before entering upon the duties of his office the inspector shall take the oath of office prescribed by the charter. It shall be the duty of the smoke inspector to see that the provisions of this ordinance and all ordinances supplemental to or amendatory thereof and the laws of the State of Wisconsin relating to the suppression of smoke shall be enforced. He shall keep a full and complete record of all the transactions of his office, which shall at all reasonable times be open to public inspection. He shall be provided with an office in the city hall.

"SEC. 2. The salary of the smoke inspector shall be $2,000 per annum, payable in equal monthly installments at the same time and in the same manner that the salaries of other city officials are paid.

"SEC. 3. The said inspector is authorized to employ one clerk, to be selected from the civil-service list of the city, and the clerk shall attend to such duties as the inspector shall direct. The salary of said clerk shall be seventy-five dollars ($75) per month, to be paid monthly from the city treasury in the same manner that the salaries of other city employees are paid.

"SEC. 4. The smoke inspector is authorized to employ two deputy smoke inspectors, to be selected from the civil-service list of the city, and the deputy smoke inspectors shall attend to such duties as the inspector shall direct. The salary of each deputy inspector shall be one hundred dollars ($100) per month, to be paid monthly from the city treasury in the same manner that the salaries of other city employees are paid. The deputy inspectors may be discharged by the inspector for cause.

"SEC. 5. The smoke inspector shall forward to the comptroller on or before the 1st day of November of each year an estimate of the needs of his office.

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"SEC. 6. To emit or cause or permit to be emitted into the open air within the corporate limits of the city of Milwaukee, or within 1 mile therefrom, any dense smoke shall be, and is hereby declared to be, a nuisance, and the same is hereby prohibited: Provided, That nothing herein contained shall prohibit the emission of dense smoke not to exceed five minutes in any one hour of the day or night.

"The owner or owners of any boat, stationary or locomotive engine, engine used in dredging or driving piles, portable boiler or furnace or tar kettle, and any officer, manager, or agent of any corporation owning any boat, stationary or locomotive engine, engine used in dredging or driving piles, portable boiler or furnace or tar kettle, and the owner, lessee, or occupant of any building, and any officer, manager, or agent of any corporation or company owning, leasing, or occupying any building from which dense smoke is permitted or allowed to issue or to be emitted within the corporate limits of the city of Milwaukee, or within 1 mile therefrom, shall for every such first offense be punished by a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100), and in default of payment by imprisonment in the house of correction of Milwaukee County for a term not to exceed sixty (60) days; for a second offense by a fine of not less than fifty dollars ($50) nor more than one hundred dollars ($100), and in default of payment by imprisonment for a term not to exceed sixty (60) days; for a third and every subsequent offense by a fine of not less than one hundred dollars ($100) nor more than two hundred dollars ($200), and in default of payment by imprisonment for a term not to exceed six (6) months.

"SEC. 7. The smoke inspector shall have the right to enter in the performance of his duties at all reasonable hours all premises where any dense smoke is emitted or where any such boiler or engine is located.

"SEC. 8. Before any person or persons, firm or member of any firm or corporation, or any officer of any corporation, shall construct or alter any stationary steam plant, boiler, or furnace within the corporate limits of the city of Milwaukee, he or they shall make application at the office of the smoke inspector for a permit for that purpose, and shall furnish a written statement, giving the style and dimensions of such steam plant, boiler, or furnace, together with the height and size of stack or chimney and the method or device to be adopted for the prevention of the emission of dense smoke therefrom; and if the matters mentioned in said application and statement be approved by said inspector, he shall issue a permit for the construction of such steam plant, boiler, or furnace. Any person or persons, firm or member of any firm or corporation, or any officer of any corporation who proceeds in such construction or alteration without said permit shall be deemed guilty of a violation of this ordinance, and shall be subject to such penalties as are provided in section 6 of this chapter.

SEC. 9. All accidents to stationary steam boilers, furnaces, or smoke-preventing devices shall be reported to the smoke inspector in writing, giving the nature of the accident and the time required to repair the same."

SEC. 10. All ordinances or parts thereof contravening or conflicting with the provisions of this ordinance are hereby repealed.

SEC. 11. This ordinance shall take effect and be in force from and after its passage and publication.

Approved, October 12, 1911.

EMIL SEIDEL, Mayor.

The Los Angeles ordinance is presented because it was adopted by a city in which oil is the principal fuel.

The mayor and council of the city of Los Angeles do ordain as follows: SECTION 1. That for the purpose of regulating the discharge of smoke from flues, chimneys, or smokestacks, or from any other structures or appliances from which smoke is discharged, and for the purpose of determining by a comparison the degree of darkness of smoke so discharged, a color scale for the measurement thereof is hereby adopted, as follows:

A white card not less than 5 by 8 inches in size shall be marked with black lines crossing each other at right angles. Each such line shall be 1 millimeter in width and such lines shall be so placed that white spaces 9 millimeters square shall remain between such lines. When a test is being made such card shall be placed at a distance of not more than 55 feet and not less than 45 feet from the observer and as nearly in line as possible between the eyes of the observer and the smoke concerning which the test is being made.

SEC. 2. It shall be unlawful for any person, firm, or corporation to cause, permit, or allow any smoke of a greater degree of darkness than the card described in section 1 hereof when such card is placed at the said distance from the person observing such smoke, to issue or to be discharged from any flue, chimney, or smokestack, or from any other structure or appliance used for the discharge of smoke, or from which smoke is discharged, or from any works, plant, or factory, for a period longer than or for periods aggregating more than five minutes in any one hour of the day or night.

For the purposes of this section a works, plant, or factory shall be deemed to include all buildings and appliances, and all flues, chimneys, and smokestacks