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Dr. Bruce speaks of the siding being in a disgraceful condition.
At the time we made a joint and unexpected visit this certainly
was not the case. (As I was away at the time of the reception of
his first report, I did not visit until June 12th, but I can say with
emphasis that nothing of this sort existed then or at other times
when I went there.—[F. S.])
It will be noticed that there is no official complaint of nuisance
from flies, nor is the outbreak ascribed to them. They have never
appeared to be abundant in the neighbourhood of the trucks. We
understand, however, that they have been troublesome in the kitchen
of the Infirmary, but there is no evidence that they have been bred
in the trucks or their neighbourhood.
To sum up, therefore, we can unhesitatingly say that from
investigation of the siding itself, of Constance Road Infirmary, and
of the houses in the neighbourhood we are entirely unconvinced of
any nuisance to the Infirmary beyond a purely æsthetic one.
One can well imagine that the shunting of the trucks at night,
the noise of the men carrying out the work, and the disturbance of
the privacy of the grounds may well constitute an obstacle to the
amenities of their use and an annoyance to the Infirmary staff, but
beyond this we emphatically refuse to go.
We must insist on the fact that, even if the Borough Council
discontinue transhipment of dust from Bast Dulwich Siding, there
will remain the loading of manure, which will still be conveyed by
the London Brighton and South Coast Railway from their depot at
the station.
Any nuisance arising from this work can be dealt with under
the Public Health (London) Act, but it would also be governed by
the same Act, Section 2, Sub-section 2 (1), which states:—
Provided that—
Any accumulation or deposit necessary for the effectual carrying on of
any business or manufacture shall not be punishable as a nuisance under
this section, if it is proved to the satisfaction of the court that the
accumulation or deposit has not been kept longer than is necessary for the
purposes of the business or manufacture, and that the best available means
have been taken for preventing injury thereby to the public health.
The legal aspect of an alleged nuisance arising from the dealing
with house refuse is also dealt with under Section 22 of the Public
Health (London) Act, 1891, in which the County Council is substituted
for the local authority as being responsible to make complaint
on receipt of a certificate stating that a process, &c., is certified
as a nuisance or injurious or dangerous to health by the persons set
out in Section 21. In Section 22 the words, "a complaint or
proceedings .... may be made or taken by the County Council,"
are substituted for the words, " such authority shall make a complaint,"
in Section 21. Proceedings under Section 22 can only be
taken by the County Council after they have obtained the sanction
of the Local Government Board. In the event of proceedings being
taken, and the Borough Council can show that they have used the
best practicable means for abating the nuisance, or mitigating or
preventing the injurious effects of the effluvia, they will not be liable