LEGALITY OF PIG FARM

Evening Post, Volume CV, Issue 24, 30 January 1928, Page 4

LEGALITY OF PIG FARM

BYLAW DISPUTED The legality of a pig farm was the subject of a case which came before Mr. E. Page, S.M., in the Magistrate's Court, when the Johnsonville Town Board charged James Benjamin Harman, a farmer, of Johnsonville, with keeping piggeries within the Town Board contrary to the general bylaw. Mr. E. M. Sladden, who appeared fflr the Johnsonville Town Board, said that the property about Barman's farm was becoming a residential area, and the presence of the farm was interfering with the growth of the district. Sewage from the, pigs ran into a creek which ran through the town, and that was unhealthy. The Town Board wanted the farm removed .altogether. I The Town Glerk;«tf*iehairman of the board said that, whether the farm was well or badly kept, the board would not consider the question of giving conlent for it to remain. Appearing for the defendant, Mr. W. E. Leicester submitted that the bylaw was not an absolute prohibition of pig farms, which depended on consent being obtained if run to the satisfaction of the Town Board. In the present case the board had misread its powers, and had refused to consider material questions. The farm was a model one, hygienlcally kept, and unique in isolation, and it had run pigs for thirtyfive years without any ctfmplaint being received from the Town Board or from private cititens. The sewage ran into a tank, and did not go into the creek. "The Town Board has exercised its discretion Improperly," added Mr. Leicester, "and haa misunderstood the interpretation of its bylaw." After further evidence had been given the case was adjourned for legal argument. Tlio Magistrate said that he would view the property. r>