William R. Day

“ It is averred that the ordinance exceeds the authority delegated to the city by the legislature; that it attempts to substitute its own definition of the crime and nuisance committed by the emission of dense smoke for that enacted by the legislature in the act under the pretended authority of which the ordinance is adopted; that it is unreasonable and tyrannical and exceeds the authority delegated for want of uniformity as to the whole city and because the exceptions specified are not natural and just. ”

“ The smoke inspector must be qualified by training and experience to understand the theory and practice of smoke inspection. He has the benefit of counsel of the smoke abatement commission, consisting of five members to be appointed by the city council, at least one of whom must have had experience in the installation and conduct of power and heating plants. From the smoke inspector there is an appeal to the smoke abatement commission in case of disagreement over plans for newly constructed plants or reconstruction of old ones. ”

“ That such emission of smoke is within the regulatory power of the state has been often affirmed by state courts. Harmon v. Chicago, 110 Ill. 400, 51 Am. Rep. 698; Bowers v. Indianapolis, 169 Ind. 105, 81 N. E. 1097, 13 Ann. ”