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Regulatory Transformations in a Changing City: The Anti-Smoke Movement in Baltimore, 1895–19311
Published online by Cambridge University Press: 15 July 2014
Abstract
This study of the Baltimore anti-smoke movement illustrates how Americans altered their approach to environmental regulation during the Progressive Era. After citizen groups came to recognize the limits of common-law regulation, they became enamored with administrative regulation and the promise of rationalized, professional agencies. While Baltimore did mirror the national regulatory trends, the city's unique circumstances limited its capacity to reduce the sooty, black smoke that provoked episodes of public activism. Fearful about the city's economic future, regulators exempted manufacturing from the city's early anti-smoke measures. Furthermore, although railroads were major polluters, they balked at electrifying the bulk of their tracks. Finally, the anti-smoke movement was narrowly based in the northeastern, more affluent parts of the city and failed to expand its support to working-class whites and African Americans. Hence, while the ideas about what constituted appropriate regulation “modernized” in Baltimore, the city did not alter its regulatory practices until the 1930s, long after other cities had done so:
In the heart of a beautiful residence section of our city, there rises a towering factory structure in the most gruesome ugliness, belching volumes upon volumes of black and angry smoke, flooding our very houses with showers of soot…. It is the sworn duty of our legislators to protect the citizens in all their rights, and it is to be hoped that the crying need of protection from this unbearable smoke nuisance will now be recognized.
—PH. H., February 28, 19012- Type
- Essays
- Information
- Copyright
- Copyright © Society for Historians of the Gilded Age and Progressive Era 2014
Footnotes
The author would like to thank Saul Gibusiwa of the Baltimore City Archives; Damon Talbot of the Maryland Historical Society; and Tucker Cross, Carl Albert Fellow, for helping her to collect the primary sources that informed this article. She also wishes to thank the journal's anonymous reviewers for their insightful and perceptive critiques.
References
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39 Crooks, Politics and Progress, ch. 8 & p.233; Uekoetter, Age of Smoke, 23.
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43 Uekoetter, Age of Smoke, 20–31.
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46 Baltimore American, Jan. 27, 1906, 16.
47 For example, the anti-liquor and anti-vice crusades managed to eradicate the distinction between public and private nuisances in some jurisdictions. According to their variant of common-law regulation, citizens had the right to shut down drinking and disorderly houses without having to demonstrate that they had suffered a particular harm that differed from that borne by the general public. Furthermore, some of these new approaches substantially ignored a legal convention that had long held that courts of equity were barred from enforcing criminal laws. Dudley, L. Edwin, “The Law and Order Movement—Historical Sketch,” Lend-a-Hand 8 (Mar. 1892): 266Google Scholar; Mackey, Thomas C., Red Lights Out: A Legal History of Prostitution, Disorderly Houses, and Vice Districts (New York, 1987)Google Scholar, ch. 3.
48 Baltimore Sun, Jan. 12, 1906, 7, Feb. 28, 1906, 10. The BASL's concern about the extent of municipal authority was warranted given the fate of municipal anti-smoke ordinances elsewhere. For example, in 1897, the Missouri State Supreme Court nullified an anti-smoke ordinance from St. Louis on the grounds that the measure exceeded the city's power to control nuisances. Stradling, Smokestacks and Progressives, 64–65.
49 Rosen, “‘Knowing’ Industrial Pollution,” 568–73.
50 Anti-Smoke League of Baltimore, “Second Letter to Members,” Jan. 1906, “Smoke Control,” RG 29, S1, Baltimore City Archives; Baltimore American, Oct. 4, 1905, 14, Dec. 15, 1905, 15, Dec. 19, 1905, 15; Baltimore Sun, Dec. 14, 1905, 7, Dec. 28, 1905, 12, Dec. 30, 1905, 14.
51 Baltimore Sun, Dec. 20, 1905, 7, Dec. 23, 1905, 6, Dec. 24, 1905, 16, Dec. 29, 1905, 12, Jan. 3, 1906, 7, Jan. 5, 1906, 14, Jan. 9, 1906, 7, Jan. 17, 1906, 7, Jan. 19, 1906, 12; Baltimore American, Jan. 26, 1906, 16.
52 Baltimore Sun, Jan. 11, 1906, 12.
53 The BASL's proposed statute gave the relevant cities the power to “make this act and its ordinances applicable only to certain sections of said city or only to certain classes of furnaces or places in which fires are used.” Baltimore American, Jan. 27, 1906, 16; Anti-Smoke League of Baltimore, “Fourth Letter to Members,” Mar. 1906, “Smoke Control,” RG 29, S1, Baltimore City Archives.
54 Baltimore Sun, Feb. 27, 1906, 12, Feb. 28, 1906, 10, Mar. 3, 1906, 10, Mar. 9, 1906, 10, Mar. 29, 1906, 10; Baltimore American, Feb. 28, 1906, 6, Mar. 2, 1906, 6, Mar. 3, 1906, 7, Mar. 9, 1906, 6. For Stewart's theory that the manufacturers and railroads conspired to kill the legislation, see Anti-Smoke League of Baltimore, “Fifth Letter.”
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58 For instance, when the Michigan legislature enacted the state's first hunting limits in 1859, the statute did not appoint game wardens to enforce it, but instead assumed that citizens would make complaints about illicit hunting, and offered them half of the penalties assessed for wildlife killed during the closed season. Eugene T. Peterson, “The History of Wild Life Conservation in Michigan, 1859–1921,” (PhD diss., University of Michigan, 1952), 16.
59 Ann-Marie Szymanski, “From Private Policing to Administrative Regulation: The Shift from ‘Regulation without Bureaucracies’ to Centralized Agencies in the United States, 1890–1930” (unpublished paper presented at the annual meeting of the American Political Science Association, Washington, DC, Sept. 3, 2005).
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65 Baltimore Sun, Oct. 3, 1908, 14, Oct. 6, 1908, 16, Oct. 29, 1908, 8; Baltimore American, Oct. 28, 1908, 14, Oct. 30, 1908, 13.
66 Baltimore American, Apr. 5, 1908, 14, Apr. 7, 1908, 14, Mar. 23, 1909, 16, Apr. 13, 1909, 13. Such measures were adopted elsewhere; New York City had recently adopted an ordinance prohibiting the use of steam locomotives south of the Harlem River, which led to the electrification of lines passing through Grand Central Station. Michael Bezilla, “Steam Railroad Electrification in America, 1920–1950: The Unrealized Potential,” Public Historian 4 (Winter 1982): 34–36.
67 Baltimore Sun, Nov. 17, 1908, 12, Dec. 8, 1908, 14; Baltimore American, Dec. 8, 1908, 12.
68 Baltimore American, Dec. 8, 1908, 12, May 4, 1909, 16, May 11, 1909, 14, July 31, 1909, 8.
69 Stradling, Smokestacks and Progressives, 55–58, 66–77; Uekoetter, Age of Smoke, 31–39.
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71 Baltimore American, Dec. 8, 1908, 12, Apr. 10, 1909, 14, May 4, 1909, 16.
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76 Baltimore Sun, Jan. 8, 1910, 7. In 1913, Stewart's wife, Alice, accused him of trying to defraud her of an inheritance, and she secured a divorce from him in Paris. In 1914, Stewart secretly remarried his secretary, Edith Davis, who died during their Paris honeymoon. Initially, Stewart was suspected of poisoning Edith, but doctors later determined that she died of natural causes. In 1916, Stewart pled guilty to charges that he had sent an obscene letter to a nurse in the Springer Sanatorium at Govans. He was also sued that year by a maid of his first wife, who accused him of assault and breach of promise. Washington Post, June 30, 1913, 3, July 13, 1913, 6, June 27, 1914, 3–4, June 28, 1914, 10, May 13, 1916, 3; Baltimore Sun, May 3, 1914, 12, Jan. 23, 1916, 14, Jan. 25. 1916, 1.
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79 Baltimore American, June 19, 1906, 13, June 20, 1906, 14, June 21, 1906, 13, June 23, 1906, 9, Aug. 27, 1910, 16; Baltimore Sun, Nov. 30, 1911, 14.
80 Baltimore American, June 19, 1906, 13; Anti-Smoke League of Baltimore, “Sixth Letter,” 7–8.
81 Stradling, Smokestacks and Progressives, 52–55; Philadelphia Inquirer, Feb. 2, 1904, 4, Apr. 4, 1905, 9.
82 Chicago Tribune, Feb. 17, 1909, 9.
83 Ann-Marie Szymanski, “Citizen Arrests, Private Policing, and the Development of American Constitutionalism” (unpublished paper, presented at the annual meeting of the Southern Political Science Association, New Orleans, LA., Jan. 4–6, 2007). Some genteel men even found private policing to be so unpleasant that they hired private investigators to collect evidence for them.
84 History of Women's Civic League of Baltimore, 1911–1936 (Baltimore, 1937), 6–9Google Scholar; Baltimore Sun, Apr. 3, 1911, 8; Baltimore American, Apr. 9, 1911, 2.
85 Early league members who had connections with the BASL included Mrs. George H. Cook, Mrs. James Swan Frick (first chair of the Smoke Abatement Committee), Mrs. Thomas B. Harrison, Miss Amelia Marburg, Mrs. Henry C. Matthews, Mrs. William Painter, Mrs. Josias Pennington, Mrs. Edward Shoemaker, and Mrs. Miles White Jr. Those who had connections with the Municipal Art Society included Mrs. Henry Barton Jacobs (first president), Mrs. W. W. Spence, Mrs. Josias Pennington, Mrs. James Swan Frick (first chair of the Smoke Abatement Committee), Miss Amelia Marburg, Mrs. William Thomas Wilson, Mrs. Francis M. Jencks, and Elizabeth C. Jencks. Members of the Civic League who had connections with the Arundell Club included Mrs. Benjamin W. Corkran (second president) and Mrs. George Washington Sadtler.
86 Baltimore Sun, Oct. 26, 1911, 16, Dec. 11, 1911, 9, Apr. 18, 1912, 16; Baltimore American, Dec. 17, 1911, 9; Mrs. Frick, James Swan, “Report of the Smoke Abatement Committee,” Civic Courier 1 (Apr. 1912): 5–6Google Scholar.
87 Uekoetter, Age of Smoke, 31–39.
88 Mrs. Frick, James Swan, “Report of the Smoke Abatement Committee,” Civic Courier 1 (Feb. 1912): 5–6Google Scholar; History of Women's Civic League of Baltimore, 34; Baltimore Sun, Apr. 21, 1912, 6, May 15, 1912, 11, May 24, 1912, 11.
89 Baltimore Sun, Apr. 18, 1912, 16, July 27, 1912, 12, Aug. 3, 1912, 6, Nov. 24, 1912, 12, Aug. 23, 1913, 3, Nov. 19, 1913, 10, Apr. 14, 1915, 5; Frick, “Report of the Smoke Abatement Committee,” Apr. 1912, 5–6; History of Women's Civic League of Baltimore, 34.
90 Baltimore Sun, July 13, 1913, LS1, Aug. 23, 1913, 3, Apr. 14, 1915, 5; Mrs. Frick, James Swan, “Report of the Smoke Abatement Committee,” Civic Courier 3 (Apr. 1915): 20–28Google Scholar.
91 Mrs. Frick, James Swan, “Report of the Smoke Abatement Committee,” Civic Courier 2 (Apr. 1914): 6–7Google Scholar; History of Women's Civic League of Baltimore, 34.
92 In the realm of privately sponsored common-law regulation, public-private partnerships were most common in the humane movement, which sought to abate child and animal abuse. See McCrea, Roswell C., The Humane Movement: A Descriptive Survey (New York, 1910), 18–24Google Scholar; Shultz, William J., The Humane Movement in the United States, 1910–1922 (New York, 1924), 216Google Scholar, 297–99. For discussions of public-private partnerships in social provision, see Fetter, Frank A., “The Subsidizing of Private Charities,” American Journal of Sociology 7 (Nov. 1901): 359–85CrossRefGoogle Scholar; Fleisher, Alexander, “State Money and Privately Managed Charities,” The Survey, Oct. 31, 1914, 110–12Google Scholar; Slingerhand, William H., Child Welfare Work in California: A Study of Agencies and Institutions (New York, 1915)Google Scholar.
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94 Arnold, “The Neighborhood and City Hall,” 8, 26n12.
95 Baltimore Sun, Feb. 27, 1915, 6; Frick, “Report of the Smoke Abatement Committee,” Apr. 1914, 6–7; Frick, “Report of the Smoke Abatement Committee,” Apr. 1915, 20, 24; History of Women's Civic League of Baltimore, 34.
96 Baltimore Sun, Apr. 14, 1915, 5, Apr. 16, 1915, 5, May 8, 1915, 16, May 9, 1915, 10, May 12, 1915, 14; Frick, “Report of the Smoke Abatement Committee,” Apr. 1915, 2–25, 27; History of Women's Civic League of Baltimore, 34.
97 Baltimore Sun, Mar. 9, 1915, 6, Mar. 13, 1915, 8, Mar. 14, 1915, 8.
98 Baltimore Sun, Sept. 3, 1912, 6, Sept. 11, 1912, 6, Sept. 21, 1912, 14, Sept. 28, 1912, 14, Nov. 13, 1912, 11.
99 Baltimore Sun, Apr. 9, 1913, 8, May 29, 1913, 6, June 22, 1913, 6.
100 Baltimore American, Mar. 15, 1911, 15; “Reports of the City Officers and Departments Made to the City Council of Baltimore for the Year 1911” (Baltimore, 1913), 15–23; Anderson, Origin and Resolution of an Urban Crisis, 35; Frick, “Report of the Smoke Abatement Committee,” Apr. 1914, 7.
101 Baltimore Sun, Sept. 17, 1912, 6, Nov. 27, 1912, 10, Apr. 14, 1915, 5.
102 Baltimore Sun, Sept. 9, 1913, 8, Nov. 21, 1913, 6, Mar. 2, 1915, 6. One interesting critique of the smoke inspector was lodged by a citizen who accused Thompson of being too lenient on his former employer, the Consolidated Gas, Electric, Light and Power Company. Baltimore Sun, Aug. 3, 1912, 6.
103 Baltimore Sun, May 1, 1912, 16, Sept. 21, 1912, 14, Sept. 28, 1912, 14, Oct. 6, 1914, 3, Mar. 2, 1915, 8.
104 Arnold, “The Neighborhood and City Hall,” 14; Baltimore Sun, Jan. 17, 1913, 10, Jan. 18, 1913, 14.
105 Baltimore Sun, July 13, 1913, LS1.
106 Baltimore Sun, July 18, 1913, 3, Apr. 16, 1915, 4, May 9, 1915, 10, May 12, 1915, 14; Frick, “Report of the Smoke Abatement Committee,” Apr. 1914, 7; “Reports of the City Officers and Departments Made to the City Council of Baltimore for the Year 1918” (Baltimore, 1919), 26–28, 84–85.
107 Uekoetter, Age of Smoke, 36–42.
108 Baltimore Sun, Dec. 10, 1921, 8, Nov. 21, 1926, 8; Peabody Heights Improvement Association, Minutes (1916–1933), vols. 1–2, manuscript 653, Maryland Historical Society. For other discussions of possible solutions to Baltimore's smoke problem, Baltimore Sun, Feb. 2, 1919, 6, Feb. 10, 1919, 6; Feb. 14, 1919, 6, Mar. 9, 1921, 6, July 10, 1921, 13, July 12, 1921, 6, Dec. 28, 1921, 8, Oct. 23, 1924, 10, Nov. 28, 1924, 10, May 3, 1928, 12, Oct. 16, 1928, 14, Jan. 22, 1929, 12, Dec. 27, 1929, 8.
109 Baltimore Sun, July 27, 1921, 7, Aug. 4, 1921, 6, Dec. 6, 1921, 8, Feb. 26, 1923, 6, Mar. 3, 1923, 20, Mar. 10, 1924, 18, Sept. 25, 1929, 3, Apr. 2, 1931, 26; History of Women's Civic League of Baltimore, 34.
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111 Baltimore Sun, May 14, 1931, 26, Aug. 13, 1931, 8. That this measure was far more comprehensive in its operation than the ordinances of 1905 and 1906 can be seen by comparing the BASL's ordinance in Anti-Smoke League of Baltimore, “Sixth Letter,” 3–5, with “Bureau of Smoke Control, City of Baltimore” [1932] “Smoke Control,” RG 29, S1, Baltimore City Archives.
112 Stradling, Smokestacks and Progressives, chs. 4–5; Grinder, “The War Against St. Louis's Smoke,” 192–94.
113 Stradling, Smokestacks and Progressives, ch. 5. See also Grinder, “The Anti-Smoke Crusades,” chs. 8–10.
114 Uekoetter, Age of Smoke, 23–25, 34–39.
115 History of Women's Civic League of Baltimore, 5–7, 20, 33–35.
116 Second Industrial Survey of Baltimore: A Quarter Century of Progress in the City of Industrial Advantages, 1914–1939 (Baltimore, 1939), 20–23Google Scholar; Baltimore Sun, Jan. 16, 1929, 3, Jan. 23, 1929, 28, Sept. 25, 1929, 3, Dec. 30, 1929, 16, Mar. 17, 1931, 10.
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