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110
In February last drastic and, as I thought, unwise requirements
were made as to paving yards, and these I resisted on the score of
expense, and still more because of the hardship to tenants. Lord
Llangattock obtained Counsel's opinion, and your officers finding
threats ineffectual allowed the matter to drop.
In July notices were served demanding extensive alterations to
the system of water supply. Again Counsel's opinion was taken and
again your officers retired from their position.
Had they been dealing with a poor owner instead of a substantial
one they might have coerced him into submission.
I now complain of your Medical Officer's abuse of the powers
conferred on him by Section 40 of the Public Health Act, 1891.
I enclose copy of my letter to him of 23rd inst., to which he
replies that he is quite disposed to leave the uncovering of the drain
to me for the Authorities to have the opportunity of inspecting it
when uncovered, and from this reply I can only conclude that your
officer thinks my letter unworthy of a reasonable answer.
In my letter of March, 1902, I accepted the chemical test as the
proof of the owner's moral responsibility, or irresponsibility, for
bearing a share of the cost of improvements, and I have since abided
by that test.
In the case of 38, Loudon Road, the chemical test having failed
to prove the existence of a nuisance your officer, being determined to
have the drain relaid, actually falls back upon Section 40 of the Public
Health Act. Parliament bestowed practically unlimited powers upon
the Public Authorities because it thought they would be exercised
fairly and for the good of the people.
Owners have no appeal so long as officials do not exceed their
legal powers, but if they are exercised so oppressively as is
threatened in the case of No. 38, London Road, Lord Llangattock
must cease from his attempts to co-operate with the Authorities and
retire from the arrangement of 4th March, 1902.
Possibly your present Council is not aware of the manner in
which the Public Health Acts have been administered in this
Borough, and I ask you to bring this letter before it with my request
that it will give such directions as it thinks right to its officers with