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80
administration to be lax, and under Section 100 may themselves prosecute
in smoke cases. It is, therefore, unnecessary to give further
powers, and the existence of such conjoint administration has generally
been found prejudicial to good government. If the County Council
considers any Borough Council has been lax in carrying out their duties
in regard to smoke nuisances, and has not taken action, then the County
Council must also have been remiss in carrying out its statutory obligations.
It seems desirable that the County Council should have
power to contribute towards the expenses of any action taken by a
Borough Council at the special request of the Council Council, as in the
recent Chelsea case.
" Under Section 14, Public Health (London) Act, a Borough Council
has power to take proceedings as to nuisances arising or caused without
the area of the Borough which affect the inhabitants thereof. This
power is not limited to nuisances arising within London only. I am
not aware that this power has been exercised by any Borough Council,
but it would be desirable to confer on the London County Council
similar power to deal with smoke nuisances arising outside the County
which affected the inhabitants of London. It is not likely that Parliament
would give the London County Council power to make By-laws
for districts outside the County, but it might give the Local Government
Board power to frame such By-laws as are indicated in the Council's
scheme, and to require their adoption in London and in any other area.
" As regards the suggestion under (a), I may remind the Committee
that in 1903 (Minutes, p. 922 and p. 1,264) this Council considered the
subject, and recommended that the omission of the word ' black ' from
Section 24 (b) of the Act would be of great advantage in checking the
nuisance, and I am of opinion that it would be better to amend this
Sub-section in this way than by introducing the word ' dense.' A
further intention, however, is that the sending forth of black smoke
should be an offence, and not a nuisance to be dealt with by notice.
Both methods have defects, and some middle course appears desirable,
such as one whereby an offender should receive a caution in the first
instance, and if structural works had to be carried out, he should have
time to adopt such improvements before a prosecution was ordered."