MT. ALBERT SANITATION

New Zealand Herald, Volume LIX, Issue 18101, 27 May 1922, Page 11

MT. ALBERT SANITATION

ALLEGED BREACH OF ACT. CHARGE AGAINST RESIDENT. FRICTION WITH COUNCIL. A case arising out of the typhoid epidemic at Mount Albert was heard before Mr. J. W. Poynton, S.M., in the Magistrate's Court yesterday. S. R. Kingdon (Mr. Terry), sanitary inspector to the Mount Albert Borough Council, laid two informations against Forbes Eadio (Mr. A, Moody). The first was that defendant had deposited dangerous arid offensive rubbish, to wit, fowl refuse, and had suffered this nuisance to continue on a section adjoining his premises at Morningside. The other charge was that defendant, not being a person duly did alter, open up, and repair a drain, and repair a gully, all those acts being contrary to the Public Health Act.

Mr. Terry explained that in the interests of health of the district, tho Borough Council was instituting prosecutions with the idea of warning tho public. The defendant had premises in Malvern Road, and when the health inspectors visited his house about a case of suspected t.yphoid f they found Eadie endeavouring to repair defective drains. They also saw a mass of offensive matter just behind his back fonce, about 30ft. from the house. Defendant admitted to the inspectors that h© had placed the refuse thereEvidence was given by S. R. Kingdon as outlined by counsel. Cross-examined by Mr. Moody, the witness said he knew there had been trouble between defendant and the Borough Council, because he had drawn public attention to the filthy state of tho borough. Tho witness also admitted that the defendant might have been lime-wash-ing the drains when he visited the premises.

Counsel: Didn't Dr. Reed instruct him to do that? Witness: Dr. Reed had nothing to do with it.

Defendant's Allegations.

Defendant, giving evidence, said he was the first to draw attention to the sanitary conditions of the 'borough, and to complain regarding the Morningside dump. He had novel* attempted to interfere with the drainage, and had never used a cement mixture on the pipes. Ho denied ever putting refuse on the section adjoining his property. Defendant said he was recalled from "Wellington by the information that his young son had typhoid. Acting on the advice of Dr. Reed he was cleaning the drains with lime when the inspector called. He had drawn attention to the state of the dump at the back of bis place on several occasions. He first complained of it in 1920, three days after he went into the house. Mr. Moody: When Mr. Eadie told the Mayor that typhoid would break out in the district" he was regarded as an impertinent person and a disturbing factor. Kingdon told him that if there was no more noise about the dump he would not be prosecuted, added Mr Moody. Continuing, defendant said he bad complained of the filthy state of the dump in the vicinity of his house through tho press, to the council, and to the Minister for Health. When the inspector told him that if be would stop making a noise about the dump the summons against him would be withdrawn, he replied, "Blaze away with your summonses." " Being Intimidated." Mr. Terry: Then you allege a conspiracy against you? Defendant said the Mayor told him he would be out of tho district in three months if he did not shut up. Mr. Terry: What was he going to charge you with? Defendant: He knows: I don t. Defendant added that he had brought the matter before the Mount- Albert Ratepavers' Association, and had made a declaration that he wns being intimidated. Evidence was given by H. Langley that be had inspected the drains at defendant's premises and found them in perfect order. They had not been interfered with further than was necessary to keep them perfectly clean. Limo had been thrown over the rubbish near the back fence, and it was in no way offensive. After further evidence had been taken the magistrate said he would adjourn the case and inspect tho drains on the prowere also made in similar cases against two other residents of tho district.