THE NELSON EXAMINER. Saturday, November 26, 1859.

Nelson Examiner and New Zealand Chronicle, Volume XVIII, Issue 95, 26 November 1859, Page 2

THE NELSON EXAMINER. Saturday, November 26, 1859.

Journali become more neceasnry at men become more equal and individualism more to be feared. It would be to underrate their importance to suppose that they aerve only to aecure liberty : tney maintain civilization. Ue Tocqurvillk. Of Democracy in America, vol. v., S3O. The memorial adopted unanimously by the public meeting at Richmond, deserves attention for several reasons. Its authorship is claimed by the newly-elected representative of our most populous country district ; one that is the most closely connected with the town of Nelson ; possesses greater advantages, as regards both land and water carriage than its neighbours ; has been longer under cultivation, and bears upon its surface evident signs that it is more fully and more completely taken into profitable occupation than any other. It is recommended for adoption by the candidate for the representation of Waimea West, and is to be forwarded for signatures to all the other districts ; thus taking the form of a general manifesto and exposition of grievances by the industrial and agricultural portion of the inhabitants of this Province, under the direction and leadership of Mr. J. P. Horn, supported by Messrs. C. P. Kearns, and T. Dodson, M.P.C., as his lieutenants.

"We have no acquaintance with Mr. Horn, beyond the rather indefinite profession of political principles made by him at his nomination, and comprised in the statement that he came forward as a working man ; and the fact that although his election was a contested one, it excited so little interest that the successful candidate only polled thirty-six votes. We must therefore treat the question upon general principles ; and as it has been said that the right men are always forthcoming when the occasion calls for them, and that every village contains its " mute inglorious" Milton, dauntless Hampden, or "Cromwell, guiltless of his country's blood," because no fitting opportunity has ever called forth their powers ; we must suppose that the time has come, and the man, who now stands forth and offers himself and his views for general support and adoption. This movement appears to seek no support from the Superintendent or his Executive, or from the members of the Council j it implies, indeed, a distrust of these bodies ; and it would seem from what Mr. Humphries said, remarking in severe terms on the absence of their other representatives, that the distrust is mutual. The faith of the thirty-six electors in their new leader does not appear as yet to have extended very far; and the refusal of the old members to attend at Mr. Horn's invitation to hear what his views and opinions are, hardly seems to justify the conclusion that they are totally indifferent to the welfare of the working classes, unless Mr. Horn is already universally recognised as their leader and head ; in which case the neglect to appear at his summons would undoubtedly be a sign of disaffection, and evince culpable lukewarmness, if not downright treachery to the people, to the noble cause of progress and liberty, general enlightenment, and universal philanthropy. We regard this manifesto, therefore, as a summons to the working clasi to rally

round the banner of Horn, and give up their former leaders as no longer deserving their support or adhesion. We call it a manifesto, although it has the form of a memorial to the Governor ; as it is taken up almost exclusively with statements of general grievances and general views. The prayer, such as it is, is one which the Governor has no power to grant. He can afford no protection against the moneyed interest ; or, in other words, he cannot give people the means of buying without money ; or put those who have none on an equality with those who have. Neither has he any control over the land on the West Coast, which is under the exclusive management of the Superintendent and his Executive; and if they have used their power to forward their ! private interests instead of the public good, as we confess we think they have done, the proper mode would be to address the Superintendent himself, who has full power, and must be held to approve whatever he does not interfere to prevent or remedy. As to the Governor, he can only act in accordance with the advice of his Ministers ; and they can only remain such so long as they receive the support of the General Assembly, composed of representatives from all parts of New Zealand. In this fespect, they contrast favourably with our local Executives, which may and do retain office in open defiance of the will of the majority, as represented in the Councils. If then their request to take land upon a system of deferred payments was refused, it was refused by the Ministers representing the general opinion of the whole of New Zealand, and the Governor has no power to overrule or modify their decision, supposing him even to have the inclination.

What then are the grievances complained of, and what are the remedies suggested by the memorialists ? It would not be difficult to point out several errors and contradictions they have fallen into, or certain other mistakes in this composition ; but we prefer taking the document before us with a view to find out the real objects and wishes of the class which adopts it, and inquire into the causes of their complaints, and the efficacy of the measures recommended for their cure. This would, however, lead into a wider field of discussion than we have time to enter upon just at present ; but we will resume it in our next, as being closely connected with questions of permanent interest and importance, particularly the settlement of the West Coast, and the action of our Proviniial Government.

The most strenuous advocates of economy in public expenditure, will scarcely deny the importance of true and active sanitary measures of a practical character ; and where proper laws are passed for carrying out such measures, it cannot be doubted, that it becomes the palpable and imperative duty of all classes of the community to exercise their best energies in putting such laws in force, and in resisting all attempts to infringe or evade them. So long, however, as clashing interests and private crotchets beset the efforts of those who are engaged in promoting sanitary measures — so long as they are met in the teeth by objections arising from ignorance of the reciprocal duties and obligations of the various members of a society, so long will their efforts fail to produce full beneficial results. With thiuking men, therefore, it is a matter of great moment, that the question of sanitary reform should be fully understood by the public at large, and that laws framed for the purpose of promoting measures to that end should be so simple, plain, and practical in their character ; should have their foundations so laid in right and justice ; should be so constitutional in the machinery devised; should be so universal in their application, and should be so fairly and impartially carried out, as to command universal confidence. It must not be supposed, however, that special enactment is necessary to protect the public from the creation of nuisances. " Common nuisances," says filackstone, " are a species of offences against the public order and economical regimen of the state, being either the doing of a thing to the annoyance of all the king's subjects, or neglecting to do a thing which the common good requires." And amongst nuisances, so considered by the common law of England, he enumerates " corrupting the air with noisome smells, for air is an indispensable requisite to every dwelling ;" and he adds, "If a person keeps his hogs or other noisome animals so near the house of another that the stench of them incommodes him, and makes the air unwholesome, this is an injurious nuisance ; and a like injury is if one's neighbour sets up and exercises any offensive trade, as a tanner's, or tallow chandler's, or the like; for though these are lawful and necessary trades, yet they should be exercised in remote places, for the rule is 'sic utere tuo ut alienum non Icedas' This there/ore is an actionable nuisauce." In these cases, however, the remedies rest with individuals, whose rights as to the preservation of a free and unvitiated atmosphere have been jealously guarded by the law of England, but who unfortunately can seldom be induced to move in such matters, until the nuisance becomes intolerable, principally on account of the personal annoyances to which they are often subjected by the parties affected by their action. It hag, therefore, been found generally de»

sirable to create public bodies, to whom the express duty of carrying out the laws relating to " public health " is assigned, and who are generally invested with powers sufficient to enforce those laws ; and there is no doubt that so long as such bodies faithfully and impartially discharge the duties devolved upon them, they will be supported by public opinion; whilst, on the other hand, any neglect on their part will very soon be followed by the adoption of constitutional means (readily devised to meet such cases) for preventing it in the future, if not for punishing it in the present.

The causes injurious to health towards which legislative action is chiefly directed, are such as produce vitiation of the atmosphere, and thus induce poisonous instead of healthgiving matter, to be taken into the lungs : "the causes which may produce.this vitiation of that atmosphere, of which each individual ordinarily inspires upwards of fifty-seven hogsheads in the course of each day of twenty-four hours, are extremely numerous. They may arise from the ordinary decay of vegetable and animal matter, or from the decomposition of either of these under various artificial processes. Many of these causes exist, and are in continual operation, independently of the acts of man, and it requires his interference to arrest their progress. Others originate in his acts alone."

For the purposes of legislation it is necessary to make a convenient and practicable division of these causes; and accordingly they have been usually divided into — causes which exist in a solid state, or in such a state as not to be easily carried off by running water ; and causes which exist in a fluid state, or which may be carried off by running water. The former may be comprised under the head of nuisances, and the latter under the name of drainage. There are a number of nuisances of very frequent occurrence within towns, the "abatement "of which should be strictly enforced ; indeed the powers to do away with such nuisances can hardly be too extensive, or the punishment /or their creation too severe. They are amongst the most fruitful sources of the contagion of the atmosphere, and of the deterioration of the physical condition of the people : such, for example, are collections of dung, pigsties, cowyards, slaughter-houses, and manufactories giving out offensive and noxious emanations. As we have before remarked, there is not one of the cases enumerated which does not, at common law, subject to a penalty the party permitting or creating it ; and therefore there can be no reason why, in the public interest, the speediest means for abating the evil should not be devised and adopted by the legislature. Nor can it be said that the creation or application of such remedies would be "in derogation of the liberty of the subject," the true test In such cases being simply, " whether or not the putting in force of such remedies be true and necessary means for the protection of the lives, health, or legitimate property of the community generally from individual causes endangering any of these three."

We have been led to a consideration of this question in consequence of n recent decision in the Resident Magistrate's Court, upon a complaint made by the Inspector of Nuisances under the Nelson Improvement Act, against one William Harper, a constable of the town. The 27th clause of the Act provides : —

That any person who shall permit any nuisance to exist, in the shape of any noisome or unwholesome trade, or of any privy, sty, or receptacle for filth of any kind, upon any premises in the occupation of such person, after the expiration of ten days' notice from such Inspector to abate the same, shall be liable to a penalty of any sum not exceeding £10, to be recovered in a summary way before any justice of the peace.

Upon the hearing of the complaint it appeared that Harper had a pigsty upon his premises, which, according to the evidence of a witness examined in support of the plaint who occupied adjoining property, compelled him (the witness), when building his house, to "leave on accountof the stench," and was felt by him to be " injurious to his health;" and it further appeared, that when witness spoke to Harper about it, "he (Harper) laughed at him, and said he would have pigsties all up the place." The Inspector proved the continued existence of the nuisance, and the due service of the notice required by the above-quoted clause of the Act. No evidence was tendered on behalf the defendant; the existence of the pigsty was not denied, and its foul condition was impliedly admitted by his assertion* that, after the notice, he had cleaned it out. The learned magistrate thereupon dismissed the case, and — the nuisance remains.

We do not want to go into a legal argument, even if we were qualified for the task, but it certainly does not appear to us that the Resident Magistrate has put the right interpretation upon the clause in question. We may be wrong in our opinion, or we may be right ; and probably were we to consult with counsel learned in the law upon the subject, we might be favoured with very convincing arguments on both sides of the question ; but, whether we he right or wrong, it equally coucerns the public, that the law should be made plain upon a matter of such importance In every corner of the town, we find pigsties, cow-yards, dungheaps, and receptacles for filth of all kinds. Their existence is made known to more than one of our senses. These " laboratories " are constantly generating subtle poison, and dif-

using it through the atmosphere, each instance lessening in a palpable degree its purity and wholesomeness. Let us hope that this condition of things will not be suffered to continue, but that all classes of the community will join earnestly in an endeavour to promote reform in a matter of such vital importance.