69 Minn. 184 | Minn. | 1897
Lead Opinion
Under an ordinance of the city of St. Paul, appellant was convicted in the municipal court of that city of the offense of permitting dense smoke to issue and be emitted from the chimney of the building known as the “Gas and Electric Light Company’s Building.” It was stipulated on the trial that appellant “never was the proprietor, lessee, or occupant of said building, but that he was employed as an engineer by the owner of said building to run the steam engine situate and operated in said building, and bore no other relation whatever to said building, or to the owner thereof, and did operate said engine” at the time stated in the complaint. Appellant contends that the ordinance in question does not make it an offense to be employed as a servant or engineer in such a case, and that the conviction cannot be sustained.
The ordinance reads as follows:
“Section 1. That the emission of dense smoke from the smokestack of any boat or locomotive, or from any chimney, anywhere within the city of St. Paul, is hereby declared to be a nuisance; and whosoever shall permit or allow the emission of dense smoke from any such smokestack or chimney shall be deemed and held guilty of creating a nuisance.
“Sec. 2. No owner of any boat or locomotive engine, nor the person or persons employed as engineer or otherwise in the working of the engine or engines in any boat or of any locomotive engine, nor the proprietor, lessee, or occupant of any building, shall permit or allow dense smoke to issue or to be emitted from the smokestack of any boat or locomotive engine, or the chimney of any building, within the corporate limits of the city of St. Paul.
“Sec. 3. Every person creating the nuisance specified in section one of this ordinance, and every person violating any of the provisions of section two of this ordinance, shall be punished by a fine of not less than twenty-five, nor more than one hundred dollars, or by imprisonment of not less than ten nor moré than ninety days.”
It will be observed that section 1 declares that any one who permits or allows the emission of dense smoke from a chimney is guilty of creating a nuisance; that section 2 prbhibits both the servant and the owner from allowing dense smoke to issue from a boat or locomotive, and prohibits the owner, but not the servant, from allowing
The judgment is reversed, and the action remanded to the court below, with directions to dismiss the same.
Dissenting Opinion
(dissenting).
I am obliged to dissent. That the city council endeavored to pass an. ordinance which would do away with the smoke nuisance is obvious from the title, from the language found in section 1, which declares that any person who permits or allows the emission of dense smoke from a smokestack or chimney shall be deemed guilty of ■creating a nuisance, and from the wording of section 3, which provides for the punishment. It is true that section 2 is more specific in its terms, referring specially to the owners of boat and locomotive engines, and to persons employed in working such engines, as well as to the proprietors, lessees, and occupants of buildings; but this, it seems to me, is the result of an industrious attempt on the part of the council to make the ordinance effective,- — to bring about the very
I think the conviction should be upheld.