The Nelson Evening Mail. SATURDAY, JANUARY 29, 1898.

Nelson Evening Mail, Volume XXXII, Issue 24, 29 January 1898, Page 2

The Nelson Evening Mail. SATURDAY, JANUARY 29, 1898.

It is only natural that ibe residents who are summoned on charges of wasting water should feel annoyed, The extent of this annoyance is iu ex-ict proportion to the consciousness of having been carelul. Tbe person who knows he has broken tbe bylaws time and time again, either deliberately or through carelessness, will not mad lhe Court proceedings nearly so keenly as bis neighbour who may have done all be could to cconomiso, and who finds ho has broken the law vicariously, or by accident, Tbe definition of tho term "wasto" in tbo municipal bylaws is very vague. It is " waste " if a tap be dripping— punishable waste. But tbe water may be drawn in buckets and tubs all day, and thereby a garden may be watered with unnecessary abundanoe ; or a bath may be filled for the mere object of washing the hands ; or water may be drawn ad libitum for thoroughly swilling . premises which do not require it ; and tbat is not punishable waste. 'Iho Corporation reseryes tp itself ■ tho right of arriving a meter to the - premises of a person who thus i abuses his privileges, but it cannot j prosecute him. On the other hand, ) a resident nay forego the conoeded <. right to water his garden by hose ; < ho may use tho least i.oasiblo ' quantity for baths and washings ;he * may do everytbitg in his power to act tbe part of a good citizen in tbougbtfulness for the common | interest. But if by accident^ or by \ the carelessness of some one in his r service, or because,, of the feebleness a of a child's fingers, a lap happens to \ drip nt the time the Corporation _J turncock pays the place a visit, tbe s eyernpl&ry householder- of our illuB:- d tration becomes liable t.o a fine for | " waßtiog " water, Actunlly, it is *' possible for one man to use or waste p Bay a thousand gallons, ond defy ti [a

prosecution, while his neighbour' i wbo has not in tho same period \ used 100 gallons, nny bo laken to \ Court an 1 lined. , It is dilliouli to seo bow theso s anomalies ean be icmovod altogether. There is a legal maxim , that "a haid case is bad law," yet ] tbe law abounds in hard cases. Ob- I viously there must not be wasto of water, especially during a drought, and as obviously, it n impossible to J prevent waste if offenders be not . punished. Thero is always a bouu- ; dary line wli3re the actual breach of ■ a law is merged in a merely toch- ' nical breach, and where, moreover, there is plainly a moral broach and i yet not a technical breach ; mi 1 that is the condition of man) water- • wasting prosecutions in this city. If j discrimination wero allowed to the officers of the Corporation, to whom i the reporting turncock is a subordinate, it mighb befpossible to avoid many anomalies and " hiird cises.'' Bat somo of tbu Councillors havo insisted on indiscriminate prosecutions on the more strength of rep3i ts, with the re?ulfc that the city is in a email ferment, and the tactless severity is likely to defeat its own object. In theso c lntnns we bave hitherto*stnven to discourage sympathy with those who havo been proceeded agaiust for wasting water; but how is it possible to avoid sympathising with residents wbo arc pnuislvd in sp.to of thoir known good citizenship, while clearly others who break the law deliberately escape because they are clever and cautious enough to defy detection? Furthermore, by the Oorporation'a own by-laws, a coach and four may be driven through tbe regulations, "While the spigot is closed the bnnghole may bo left open," for, if a householder only take the precaution to see that all his taps are sound, nnd tbat bo does not use tho hose in prohibited hours, ho may wasto tho water all day inbuckeis, tubs, and batbß. The Council insy compel him to use a meter, deeming that he is taking more than his share of water ; but can a single instance of the compulsory use of the meter for domestic consumption be quoted ? Complaints are made that tbe Council's inspecting oflicor or turnoock does his naturally unpleasant duly with unnecessary unpleasantness, lt would be well, therefore, for his superiors to caution him tbat householders who miy have a dripping tap aro not criminals who forfeit the British right to regard their homes as tluir castles. A man may render bimseif liablo to a fine, but he does not thereby lose his privilege of privacy and courteous treatment. We do not assert that the Corporation ofheial is not altogether tactful, courteous, mid considerate. All^ wo know is that people complain, and it ia urged that every precaution should be taken to avoid giving offence, It is also pluin that in soma instances at least the turncock could cave as much water and time, nnd do his duty as efficiently, by turning off a tap and meroly warning the hoi.se holder to bo moru careful, as ho would by reporting every caso indiscriminately for prosecution. Perhaps ho does this, or perhaps his instructions do not permit bim to discriminate between actual waste and accident ; but it is beyond question tbat tho domioiiiaty visits almost invariably cause needless annoyance, ond are sometimes followed by as needless prosecutions. All good citizens may bo presumed to earnestly desire to uso the water as economically as possible, hence nothing is to bo gained by harassing them. On tho othor hand, tbero are many people who arc not good citizens, and for them little sympathy need be felt when they aie caught breaking tbo by-laws deliberately. Experienco has now shown that tbe Uiiy Council must ob ain a more definite interpreta lion of tbu term "waste" as applied to tbe consumption of water. It is hoped tbat by tho time the next drought comes along some distinction will be made between tbe person who actually wastes and escapes punishment, and him who, whilo he economises tbo wator to tbo best of his ability, is liablo to a fine for a technical breach of tbe bylaws.