1870.] Air-Pollution by Cliemical Works. 333 



an already populous district a factory is established, the emanations 

 from which can be proved to be injurious to human health, there 

 is power for suppressing the nuisance ; for, under the Sanitary Act 

 (18 & 19 Vict., c. 121), the "Local authority, when moved by its 

 Medical Officer of Health, or by two legally qualified practitioners, 

 or by ten householders residing in the district in which the nuisance 

 exists, is bound to complain to the magistrates (two lay, or one 

 stipendiary) and to prosecute the offenders. The penalty, if the 

 case is proved, is a fine of from 40s. to 51. for the first conviction, 

 10/. for the second, and for each subsequent conviction a sum double 

 the amount of the penalty imposed on the last preceding conviction, 

 but so that such cumulative penalty do not in any case exceed 200/." 

 The operation of the law here is clear, and generally satisfactory. 

 This clearness, however, ceases when we turn to the working of the 

 law in cases of injury done to vegetation. The question is not now 

 whether any damage is done to the farmer's crops and trees, but 

 how much ; for if an important manufactory is carried on, giving 

 employment to a large number of workmen, producing articles of 

 general value, and returning a handsome income to the proprietor, 

 it would not be wise to put a stop to all this producing power, 

 because it of necessity entails a small amount of collateral damage. 

 Rather let those who carry on this lucrative manufacturing busi- 

 ness compensate those who are injured by it; and consider that 

 they have only fairly earned that amount which remains, when from 

 their gross profits they have deducted this charge. In this way 

 we have a gauge by which to determine the amount of forbearance 

 which the public shall exercise towards a manufactory doing obvious 

 damage to the vegetation around it. 



If a factory produces a revenue of 1000/. to its proprietors, and 

 at the same time injures neighbouring vegetation to the extent of 

 100/., it clearly does more good than harm. The farmer is com- 

 pensated, and 900/. is honestly earned after every one is satisfied. 

 Put, however, the figures the other way ; suppose the works, while 

 earning 100/., to do 1000/. worth of damage, and the proprietors 

 compelled to pay this, it will require no injunction from the Court 

 of Chancery to make them close the works, or else to improve the 

 manufacturing process so as materially to lessen the damage done. 



But we have hitherto considered only the relations of the manu- 

 facturer and the farmer, imagining the smoking chimney to be sur- 

 rounded by corn or clover, orchards and hedge-rows. All these 

 have a known market value, and can be paid for with money. In 

 place of the farmer, with his marketable crops, imagine him or his 

 landlord dwelling in the old house of his fathers. The trees which 

 surround his cottage or his mansion are of ancient growth; the 

 place is his home. What money shall compensate for its loss ? He 

 may be rich and put little value on pecuniary compensation. He 



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