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1ll
Ashes.
These come from the locomotive fires and were formerly dropped into a hopper by lifting the
fire bars, but since October, 1937, it is stated the ashes are withdrawn by clinker shovels and thrown
into ash hoppers, whence they are taken to a conveyor for loading into trucks.
Mr. Sheridan (Locomotive Superintendent) stated when interviewed on 21-4-38 that he was
surprised to have complaints of this, as he had had nine additional spraying points installed, making
12 in all, to damp down these ashes and prevent the escape of " fly dust."
Coal Dust.
Mr. Carter, of 4, Harley Villas (one of the memorialists), informed the Chief Sanitary Inspector
that in his opinion dust came from the wagons when tilted, as the coal had not been sufficiently wetted,
due to the necessity of rushing the wagons through. The Chief Sanitary Inspector made observation
on this matter of dust on 21-4-38 but did not see dust escaping when the wagons were tilted.
Mr. Sheridan, however, stated he would immediately investigate to see if his instructions as
to wetting were being carried out. He stated that sprays had been fitted at the outlet end of the
hopper (where the tenders are loaded) to arrest the dust at this point and if these sprays were not
used, it was neglect on the part of the operators.
The Chief Sanitary Inspector asked permission to inspect at the respective sources of the
complaints, viz., where engine fires are drawn, where wagons are wetted and at elevator, but
Mr. Sheridan stated he must obtain authority from headquarters before he could give permission.
He stated he would make full enquiries into the complaints.
London Power Company.
Smoke.—On 22-4-38 the Chief Sanitary Inspector visited these works and formed the opinion
that the new gas washing plant completed in October, 1937, was doing good work ; the flue gases
after washing are now discharged into the atmosphere from the new stack 236 ft. high and appear
to be lightly tinted vapour—sulphur fumes were not noticeable. Work on a duplicate washing chamber
is in hand.
Coal Tipping.—At these works the coal wagons are tipped into a pit at ground level and lifted
to the feeding hoppers by means of a bucket conveyor, no dust escapes from these buckets.
There was a quantity of coal dust on the ground near where the wagons are tipped due to the
coal having been exceptionally dry due to the long drought, but this dust does not appear to travel
any distance owing to the surrounding buildings.
The coal at these works is not wetted, the reasons given being:—
(1) The coal used is a washed coal and has little dust.
(2) That excessive wetting makes the coal cake in the buckets which do not empty.
General.
An examination of Harley Road and district reveals slight deposits of dust such as occur in
the vicinity of busy railway lines, especially during dry weather.
Observations are being kept on the elevator.
In October, 1930, the Town Clerk set out the legal position with regard to nuisance from
Statutory Undertakings as follows:—
"It must be borne in mind that the Public Health Acts do not create fresh nuisances but only
provide a procedure for dealing with certain nuisances in a summary manner. One has, therefore,
to look to the Common Law, and in the case of Statutory Undertakings such as Railway Companies,
to the construction which the Courts have placed on the various Statutes authorising such undertakings,
It will be appreciated that Railway Companies are under a statutory obligation to run their trains
and to do such acts as may be necessary for carrying out that duty, and a Railway Company which
is given power by Statute to do an act which would otherwise amount to an interference with the
rights of the public, e.g., an actionable common law nuisance, are not liable to proceedings for a public
nuisance nor does an action lie against a Railway Company for doing an act which is authorised by
statute but which would be a nuisance if not so authorised. Further where the Company is under
a statutory duty it is only bound to exercise its powers in the performance of such duty with moderation
and discretion in a proper manner and without negligence."
GEORGE F. BUCHAN,
Medical Officer of Health.