340 Air-pollution by Chemical Works. ['My, 



Further, a method was adopted by Professor Eoscoe, of Owen's 

 College, Manchester, which confirmed the accuracy of this calculation. 



St. Helens lies, as has been said, three miles from the plaintiff's 

 park, defendant's works being half-way between them. 



While the snow lay on the ground last February, the wind 

 blew mainly from the east. Professor Eoscoe then took samples of 

 the snow lying three miles west of St. Helens, and also some of 

 that lying a mile and a half west of defendant's works, that is, the 

 same distance to the west as plaintiff's land is to the south-south- 

 east. He found that the proportion of the amount of acid con- 

 tained in the one to that contained in the other, agreed closely with 

 the proportion determined by Mr. Fletcher in the previous calcula- 

 tion. This was given as evidence at the trial, and it appears that 

 the jury acted on the principle here laid down, that a manufacturer 

 should only be called on to pay in proportion to the amount he 

 contributes to the total damage sustained, and that it is possible to 

 ascertain what that amount should be. Since this trial two other 

 similar cases have been decided by arbitration, in each of them the 

 arbitrator showed by his award that he adopted the principles here 

 set forth. 



Having now given some account of the working of the Alkali 

 Act, the most recent legislation on the difficult subject of air- 

 pollution, and sketched the action of the law courts when mat- 

 ters of the kind are brought before them, it may be desirable to 

 discuss the course which further legislation should take in the 

 matter. 



As regards the present Alkali Act, we would object that though 

 successful it is too limited in its application. 



Secondly, the onus of carrying out its penal clauses rests on the 

 Inspector. We should have a noxious vapour Act applicable to every 

 manufacture where injurious gases are thrown off. The duty of the 

 Inspector should be solely to inspect and to publish the results of 

 his inspection — the public should be the prosecutors. 



Let us follow the working of such an Act. In every district 

 its Inspector would, from time to time, publish a list of the works, 

 together with the amounts of acid or other vapour escaping from 

 them. This would be given either as the amount in 1000 cubic 

 feet of the chimney gases, or the actual amount by weight of that 

 which escapes per month or per annum. The result of this to the 

 manufacturers would be that they would anxiously consult the 

 published list and exercise a wholesome rivalry as to who should 

 stand well in it. Moreover, these lists would form the basis for 

 assessment of damages in case of claims made by the neighbour- 

 ing farmers. A pecuniary stimulus would thus also be given. 

 To the neighbouring farmer or landholder these lists would be in- 

 valuable; they would show him where to apply with the best 



