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Court, which appeal has since been heard before the Lord
Chief Justice and two other of His Majesty's Judges in the
King's Bench Division; unfortunately the Judges upheld the
decision of the Magistrate. The powers, by this decision,
not only of this Council, but of all Sanitary Authorities for
dealing with nuisances occasioned by the emission of black
smoke have been very seriously interfered with, and in the
present state of the law as now interpreted it hardly seems
possible that a conviction will in future be obtained, as it is
open to the defendants to allege, and the Magistrate to find,
that the circumstances attendant upon the creation of the nuisance
upon one day are materially different to those on another
day, as in fact must always be the case. The irony of this situation
is further enhanced by the fact that the London County
Council, who for years past have been professing to endeavour
to strengthen the law dealing with nuisances from black
smoke, by way of deleting the word "black " from the clause
dealing with this matter, and also by their taking power to
expend a certain amount of money annually in connection
with this subject, have themselves, while not denying the
existence of the nuisance as alleged in the summons, in
this peculiar way avoided a conviction, and, at the same
time, practically reduced the law as it at present stands for
dealing with this question to a farce. Some owners fully
understand that the notices we may serve bearing upon this
matter in future are only practically so much waste paper,,
as the chances of our securing a conviction, should we
elect to again go to Court on the matter, are somewhat remote.
As this case may be of more than local interest, the following
are the points set out in the case as sent up to the High
Court:—
IN THE HIGH COURT OF JUSTICE.
King's Bench Division.
Greenwich Borough Council Appellanis.
v.
London County Council Respondents.