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Vestry would in consequence be raised by the expense of such
cartage. The question of expense I do not think should be
considered from the health point of view ; the Committee have
often and rightly ordered certain sanitary works which they
considered necessary to be carried out, although it may have
inflicted great hardship on the individual concerned.
Fourthly, that it is simply a fad of my own.
As regards the opinion being a fad, Mr. Hopkins the
magistrate has on one occasion fined a man 40s. and costs for
having a ballast fire lighted; the second case he adjourned
sine die as the fire had been put out, this, too, in spite of a
petition for which a multitude of signatures had been procured
by the defendant from persons living in the neighbourhood.
At the hearing of the case the magistrate emphatically declared
that ballast burning was a nuisance.
The necessity for our taking proceedings is further
strengthened by the fact that the first person proceeded against
was not a local builder, and he wrote just before the hearing of
the second case stating he supposed that because the second
defendant was a local builder, no notice would be taken by the
Vestry.
It does not necessarily follow that because a smell is
offensive it is harmful, nor does the converse hold good.
Many substances which are most deleterious have an exceedingly
pleasant smell, and the gas given off by the
incomplete combustion going on in a ballast fire is both
tasteless and odourless, yet exceedingly poisonous.
Had the decision of the magistrate been against the
Vestry I should not have advised further proceedings, but here
when the Committee have previously agreed to refer the matter
to his decision, and he has decided against the ballast burners,
I must emphatically state that in my opinion each case should
be similarly dealt with, should it exist under similar circumstances.
I would also point out that it was decided in 1896
that I should have power to proceed in these cases if I thought
it necessary without waiting for the Committee.
FRANCIS STEVENS,
Medical Officer of Health.
xviii.