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1908]
232
I have written to Mr. Tanner, the Solicitor to the London County
Council, on the subject, and enclosed him a copy of your Solicitor's letter,
but have not yet received a reply.
As this is a matter of the most vital importance, affecting as it does,
the health and cleanliness of the people, I think you ought at once to bring
the matter before the London County Council, so that they may if possible
amend the Act next year in such a manner as will carry out what was
undoubtedly their original intention, namely, to provide means of enforcing
the owners of tenement houses to afford a supply of water to upper storeys
of houses.
The above portion of this report was written on Friday last, but on
the following day I received a reply from Mr. Tanner, the Solicitor to the
London County Council, which is as follows:—
London County Council,
Spring Gardens, S.W.
4th December, 1908
Dear Dr. Harris,—
Water Supply in Tenement Houses.
I have your letter of the 27th ultimo with copy of Mr. Bramall's
letter to you of the 25th ultimo.
In my view the correct interpretation of Section 78 of the London
County Council (General Powers) Act 1907 is that the word " and "
in the ninth line of the first proviso to that section must be read as
connecting (i.) and (ii.) in the proviso and that they must be read
together, and that what is meant is that the section shall not apply
where the storey referred to in (B) is at a height exceeding the high
service height, and such storey was not at the date of the Act supplied
with water by agreement.
You will see from this therefore that I do not adopt the view
taken by Mr. Bramall of the effect of the section in question. It
appears to me this construction does no violence to the words of the
proviso, and obviates the section being, as Mr. Bramall says,
inoperative.
Yours faithfully,
EDMUND TANNER,
Dr. A. E. Harris, Solicitor.
Medical Officer of Health,
Islington.
I am
Your faithful servant,
A. E. HARRIS,
Town Hall, Medical Officer of Health.
Upper Street, Islington, N.
7th December, 1908.