View report page

186
MEMORANDUM ON SEWERS AND DRAINS.
Public Health Department,
Town Hall, Stratford,
22nd March, 1907
WOOD GREEN URBAN DISTRICT
COUNCIL y. JOSEPH.
With reference to the letter of the Wood Green Urban District
Council dated February, asking whether West Ham would be willing
to contribute £10 towards the cost of an appeal to the House of Lords
in the above case, I am of opinion that it is most advisable for the
Council of the County Borough to co-operate by falling in with the
suggestion of the Wood Green Urban District Council, and for the
following reasons: —
On 18th June, 1896, Lord Russell of Killowen, in concluding his
judgment in the case of Mayor, &c., of Eastbourne v. Bradford, made
the following statement:—"I cannot avoid pointing out the highly
unsatisfactory state of the existing legislation relating to questions of
public health and to cognate questions of local government under the
Acts dealing with that subject. It is entirely unsystematic and most
confused, and in the public interest steps ought to be speedily taken
to reduce the existing chaos into system and order."
During the 13 years which have since elapsed, no change has been
attempted in the public legislation relating to drainage, and recent
legal decisions have, according to the highest forensic opinion, rendered
it " impossible, save in the simplest cases, to advise local authorities
with any kind of confidence."
The reason for this is obvious, and was pointed out by Mr.
Justice Channell in his judgment in the case of Haedicke v. Friern