CITY COUNCIL V. FOX

Evening Star, Issue 14183, 7 October 1909, Page 2

CITY COUNCIL V. FOX

Tho following evidence in the above case was taken after wo went to press yesterday : •My- Calvert; said, that there was a good deal of loose evidence as to the building being insanitary. There were different degrees of insauitarinoss. and ho would object to all the evidence as to tho build-, ing being insanitary. What was required was to prove that hhe building was a menace to public health. It was admitted that the midden was not in a envory condition, hut this would have been rectified if the present proceedings had not been taken. There wore different opinions as to the best methods of draining a stable, lu many of the best stables in Dunedin there were no drains, the whole of the urine being soaked up by the bedding, which was removed disily. This defendant had intended to do. It was too drastic a tiling’to ask the defendant to ic-move tho building. If there was a bad siftell from the. stable bln’, defendant could he prosecuted for permitting a nuisance. The Court .should lie very careful in using its power, in consideration of the fact that under section 18 of.the Public Health Act, which dealt with, emergency cases, provision was made for the granting of compensation to ownta-s of condemned buildings.

Dr M‘Pherron said the.l lie was the medical adviser to Mr Fox’s family, nnd their genera! health was excellent, lie bad examined the stable carefully. Very little of the outside- was wood. the greater prt being iron. The wood was old, but m a. remarkably good state of preservation. '[’he floor of the, building was bad, and should be ivcUlkxl. The floor was uneven ami badly laid., and the drain was more likely to carry the moisture in tcw.ards the chaFfhnnsa than outwards. The smell from manure wap juijKjun-e.. but tney cm.id cot tell by that whether k war in mich a state of putrefaction as to be dangerous to hreUh, There was no reason to Hunk fhat because there were germs on Ihe timber Unit these were dangerous to health. Many ot these germs were beneficial. Mr box’s stable was kept iu very goixl order. Cross-examined' : Thor,) was no doubt that if a stable was not drained it became offensive. Most of ■he urine was carried away in the bedding, but a portion of it percolated into the soil! lie did not agree witii those autlmidics Vl IhM erysipelas, diphtheria. scarlet f,wer. and typhoid wore more prevalent and more ofion fatal near a stable, ike germs of those direas.es did not a>'i«. o'c novo in a, stable. The stable in quosiion was not in his oniidou .a mcna-’c to public, health, lent it was under certain atmospheric conditions offensive to those living near by. Dr Williams said that he did not- agree j.ic'.L tm* biiii<lin;j; \v;i.s u jjicn:u:e to public health,. The Hour of the stable was bad! Dio slope was bad. and it should be built ot impervious bricks. When lie enw the stable on September 2d the floor v.-.ms perfectly dry and not a menace to public henah. inJcsb <u the ifriiu* was removal rnen day in the bedding. The urine would leqnue .o bo stagnant oriore it became a. menace to public health. •loan Albert lex, ".he defendant, cave evidence and detailed the stops he ’had 1 aken to put the floor of the stable in a satisinc.lory condithin.

Charles W. Wilkinrbii. builder, said lint he consklcrcd the stable a. very good one. It compared favorably with maalv in Dunedin.

.Mr Calvoit questioned the authority of the town clink m taking proceedings against the defendant, and ilm Magistrate said he would consider the point. ° Decision was reserved.