The Committee of the House of Commons, which sat in 1834, examined some of the most able engineers in the country, and a Commission subsequently appointed, at the head of which were the Duke of Richmond and the Marquis of Salisbury, coincided in recommending the adoption of the principle of consolidation as the only means of retrieving that branch of administration.

I venture humbly to submit the grounds for the opinion in which I believe their Lordships would concur, that the principle of consolidation may be carried still further, and include all public works within the locality, as the best means of obtaining for each or for all, at the least expense, the most efficient scientific direction.

It has been shown, in respect to drainage as well as road construction, that the economy and efficiency of the works will be according to the qualifications, the powers, and responsibilities of the officers appointed to execute them, secured by legislative means, and that new labour on the old condition, without skill, will be executed in the old manner, extravagantly and inefficiently. But engineers or properly qualified officers having the science of civil engineering could not be procured for every separate purpose in every part of the country, as is generally assumed in Acts of Parliament for effecting particular objects. When such connected work is divided and separated, the remuneration necessary to obtain properly qualified officers to attend to the fragment of service is too high; the separation, therefore, in most places, amounts to the exclusion of science from public work, or, in other words, to its degradation. It will be found, when the works of draining and road making and maintenance are examined, that the common practice of making sewers on plans independently of the construction of roads, and roads independently of the arrangements for cleansing and keeping them dry, is always to the disadvantage of the work and to the public. The same surface levels and surveys serve for drainage and for road construction. The construction of the drains for roads and streets, and the maintenance of them, are the primary and most important works; the construction and maintenance of the surface of the road is a connected work, subsequent in order, and can be best superintended by the same officer. In every part of the country inconveniences and losses are experienced from the separation of such work on almost every occasion where repair or new construction is needed. In the towns a road is broken up by the bursting of a sewer or the necessity of cleansing or repairing it; the sewer is repaired, but the road is left broken, because the road surveyor and his separate set of workmen are engaged in some other work. In the metropolis, the breaches left in the roads by the delay and want of concert amongst the various officers are a source not only of great obstruction but of frequent accidents. In replacing the pavements the water and the gas-pipes are not unfrequently put out of order, and these again occasion another opening and another expense to the public, for repairs. In the rural districts a road is out of repair, but the first remedy is drainage; the road surveyor cannot proceed because the sewers’ surveyor has his men elsewhere occupied. In various other particulars the consolidation of the same work under the same officer, acting with a combined staff of foremen and workmen, is attended with advantages in efficiency and economy to which it were unnecessary to advert, if the opposite arrangements were not the most frequent. In the few instances that have taken place of a combination of duties, the experience of the advantages of the combination would occasion a proposal for separating them to be viewed as an increase of trouble and expense, and a hinderance to the proper execution of the work.

In the districts where the greatest defects prevail, we find such an array of officers for the superintendence of public structures as would lead to the à priori conclusion of a high degree of perfection in the work from the apparent subdivision of labour in which it is distributed. In the same petty districts we have surveyors of sewers appointed by the commissioners of sewers, surveyors of turnpike-roads appointed by the trustees of the turnpike trusts, surveyors of highways appointed by the inhabitants in vestry, or by district boards under the Highway Act; paid district surveyors appointed by the justices, surveyors of paving under local Acts, surveyors of building under the Building Act, surveyors of county bridges, &c.

The qualifications of a civil engineer involve the knowledge of the prices of the materials and labour used in construction, and also the preparation of surveys, and the general qualifications for valuations, which are usually enhanced by the extent of the range of different descriptions of property with which the valuator is conversant. The public demands for the services of such officers as valuators are often as mischievously separated and distributed as the services for the construction and maintenance of public works. Thus we have often, within the same districts, one set of persons appointed for the execution of valuations and surveys for the levy of the poor’s rates; another set for the surveys and valuations for the assessed taxes; another for the land tax; another for the highway rates; another for the sewers’ rates; another for the borough rates; another for the church rates; another for the county rates, where parishes neglect to pay, or are unequally assessed, and for extra-parochial places; another for tithe commutation. And these services are generally badly rendered separately at an undue expense.

It is in the ordinary course that local bodies would have the power of appointing surveyors for seeing to the execution of provisions for the regulation of buildings, on the precedent of the Metropolitan Building Act; and these officers are paid by fees varying from 1l. to 3l. 10s. each building. In the towns, it is rare that one-story houses are erected where the ground is of much value; and it will be a low average to take all the new houses as of two stories, that, is, fourth-rate houses, for which a fee of 2l. has been proposed to be paid. Before the building surveyor can proceed, the sewers’ surveyor must have seen that the drains are properly laid, and the builder have obtained a certificate from him to that effect. The labour of the budding surveyor, if properly performed, may require as much as an hour for the inspection of each new building. But the amount of the proposed fee would in general more than pay, in ordinary cases, for the construction of an efficient drain for such a tenement. Any speculating builder who is building a fourth-rate street of fifty houses, would, by removing out of the limits of the jurisdiction, save by the removal the means of erecting an additional house or drains for the whole of them.

No past or proposed legislative measures prescribe any securities for appropriate skill, or trustworthiness for the performance of such services. It is matter of complaint in one extensive district in the metropolis, that the duty of examining the premises is performed by young men, junior clerks to the district surveyor.

In proportion as science is securely allied to local administration is its respectability enhanced and the attainment of its objects ensured. It is dangerous to legislate in detail, for the information is not usually available for legislative preparation against all existing local difficulties, still less all future important contingencies. Where detailed regulations are prescribed arbitrarily, the danger is incurred of creating an obstacle to the work intended to be forwarded. For example, it has been proposed that Parliament shall not only provide “That every outer wall of every building shall be built of good, sound, well-burnt, bricks, or good sound stone, and set in good mortar,” but shall direct and instruct the builders, and fix, against any alteration or improvement, the mode in which good mortar shall be made, viz., “And the mortar and cement shall be well compounded in the proportion of one part of good fresh-burnt lime or cement, and three parts of clean sharp sand;” there, however, are large tracts of country where neither clean sand, nor sharp sand, nor sand of any sort is to be had, and where they use smiths’ ashes for the purpose. But the use of this material is thenceforward illegal, and no new discovery can be adopted without the sanction of an Act of Parliament. In one large parish it was lately desired to try a pavement of wood, when it was discovered that the local Act prescribed the use of granite for pavement. In the impracticability of carrying out all such detail, or from default of defining the ends and prescribing the attainment instead of the means, or stating the means generally, as that a wall shall be built “of incombustible materials,” it is in the usual course to require that important work shall be done in such manner as “shall be satisfactory to the surveyor who shall inspect the same,” or “according to the directions of the surveyor of the district;” e. g., that no chimney shall be built more than six feet high, “unless the same shall be secured by sufficient iron stays of such strength and dimensions, and to be fixed in such manner as shall be approved of by the surveyor who shall inspect the building.” The objections entertained by builders of respectability to the granting of such large powers, is founded on the certainty as to the character of the appointments of surveyors to be hereafter made if no other securities than mere general directions be taken in respect to them for the public protection. It may be a rival builder who is appointed, and it is very certain to be generally a person in trade by whom the power is exercised, whose dissatisfaction with work really fair and good may be governed by sinister considerations against which a fair builder will feel he has no defence; but the greater danger is to the public, that no dissatisfaction may be expressed with work that is cheap but unsound. The building covers bad drains, and hides rotten walls, and the effects in the calamities of spreading fires and falling houses, and calamities of sufferings, and deaths, occur in after years, when the original defect may not be detected by the closest examination, and when all concerned may have departed.

If the services of men of independent position, with the science and qualifications of engineers, were secured, their inspection of works would often be invited, and the notice they could not fail to take of unintentional and profitless errors, such as wrong levels, which detract from the convenience and value of tenements, would be of much value and be received cordially, and the exercise of discretionary authority in such hands would meet with comparatively respectful obedience.

No one can have had occasion to examine much of the business of local administration, without being aware of other evils entailed by the multiplication of badly appointed officer’s in addition to the evils of excessive cost and bad quality of the service to the ratepayers. One of the evils is the fuel they add to the flames of local parties, by which both parties are generally losers. Where special and scientific qualifications are not defined, or, if defined, not secured—where the most fatal errors, as in this instance, are shrouded by the nature of the work from detection—all the idle dependents of election committees who have time to spare, because they have failed in their own business for want of steady application, and because their time is worthless, are let in as candidates, and in proportion to the absence of security for qualifications is the extent of expectation created and disappointment ensured. The dreadful state of the labouring classes in the most important towns,—the entire neglect of existing sanitary regulations,—the apathy to repeated remonstrances that have been made by eminent medical practitioners, as by Dr. Ferrier in Manchester and by Dr. Currie of Liverpool,—the entire neglect of recommendations made by them, which, if carried out, would have protected those communities from immense burdens, from pestilence and slaughters worse than many wars, and from an enfeebled, diseased, and, by physical causes, a degraded generation of workpeople,—the resistance made from no other manifest cause than a blind jealousy of interference, to the exercise of powers that can have no other object than to prevent the like evils for the future,—all indicate the conclusion as to the nature of the arrangements to be expected from those who have by familiarity become insensible to the means of preventing the evils which fall with the greatest weight on the least protected classes.

Supposing population and new buildings for their accommodation to proceed at the rate at which they have hitherto done in the boroughs, and supposing all the new houses to be only fourth rate, the expense, at the ordinary rate of payment of surveyors’ fees, would be about 30,000l. per annum for the new houses alone. Fees of half the amount required for every new building are allowed for every alteration of an old one, and the total expense of such structures would probably be near 50,000l. in the towns alone—an expense equal to the pay of the whole corps of Royal Engineers, or 240 men of science, for Great Britain and Ireland.^[43]

But at the rate of increase of the population, of Great Britain, which is 230,000 per annum, (i. e. equal in population to the annual addition of a new county, such as Worcester or the North Riding of Yorkshire,^[44] and to accommodate them 59,000 new tenements are required, or a number equal to that of two new towns annually such as Manchester proper, which has 32,310 houses, and Birmingham, which has 27,268 houses,) affording, if all that have equal need receive equal care, fees to the amount of no less than from 80,000l. to 100,000l. per annum. This would afford payment equal to that of the whole corps of sappers and miners, or nearly 1000 trained men, in addition to the corps of engineers.

From a consideration of the science and skill now obtained for the public from these two corps for general service, some conception may be formed of the science and skill that might be obtained in appointments for local service, by pre-appointed securities for the possession of the like qualifications, but which are now thrown away in separate appointments at an enormous expense, where qualifications are entirely neglected.

The officers of the engineer corps have the execution and care of structural works, docks and dock-yards, fortifications, military roads, and barracks, in addition to the ordinary military duties. One captain of engineers fills the office of hydraulic engineer to the Admiralty, and to his superintendence is intrusted the construction and repairs of all the docks, buildings, and other public works.

The officers of the engineers have been distinguished for their services on some of the most important civil commissions. As collateral services which they have rendered to the public, may be mentioned the trigonometrical survey of Ireland, and that now in progress for England under the Board of Ordnance, and also the geological survey. The levelling, however, and the whole of the detail of the trigonometrical survey in England, is taken by the privates, corporals, and sergeants of the corps of sappers and miners, who have been instructed in geometry, drawing, and mensuration at the school at Chatham. The triangulation for the detail of this work is executed by the engineer officers under the direction of the superintendent of the survey, Colonel Colby. The great majority of the surveys obtained under the Parochial Survey and Valuation Act from private surveyors have been inferior to the surveys executed under superintendence by the privates and non-commissioned officers of the sappers and miners serving at a pay of from 1s. 2d. to 3s., per diem. Out of 1700 first-class maps received under the Parochial Assessment and Tithe Acts, not more than one-half displayed qualifications for the execution of public surveys without superintendence. Amongst the most satisfactory maps of the first class of parochial surveys were those executed by a retired sergeant of sappers and miners. The Commissioners for the colonization of South Australia found it difficult to proceed satisfactorily with persons of the ordinary qualifications of surveyors or civil engineers for that country; and deemed it requisite to obtain the services of an engineer officer, with a suitable number of trained men, sappers and miners, under his command.

But for the construction and care of local works, sewers, roads, and drains and houses, no qualification whatsoever is usually conceived to be requisite. The chairman of the Holborn and Finsbury Commission of Sewers, where a change of management so beneficial to the health, and so economical of the funds of the ratepayers, was obtained by placing the work under the direction of an engineer, informed me that when that commission advertised for a person to act as surveyor to the works who understood the use of the spirit level, the candidates, who were nearly all common housebuilders, were greatly surprised at the novel demand, and several of them began to learn the use of that instrument in order to qualify them for the appointment. In the canvassing letters which I have seen for parochial or local surveyorships, I never observed qualifications for skill or science even adverted to; and where a special qualification happens to be prescribed by statute, it is not regarded. For example, the Act of the 5 and 6 Wm. IV. enables the parochial vestries to appoint as surveyor a person of “skill and experience” to serve the office of surveyor of such parish. As an example of this description of appointments, I may mention one where, in an important district, the person appointed was an illiterate tinman, a leading speaker at parish meetings, who, for a service occupying a part of his time, receives a salary of 150l. per annum, i. e., as much as a lieutenant of engineers and a private, or as much as three sergeants of sappers and miners, whose whole time is devoted to the public service.

The mode in which such emoluments are at present wasted in the course of administration under the Building Acts, and the extent of science and skill that might be obtained for all purposes by the same amount of money, may be seen by the rate of surveyors’ emoluments for a single town. I submit, for example, the town of Leeds. There the average rate of increase of houses having been 855 per annum, and of families 940, it may be assumed that they will continue to increase at the same rate, that is, of two new houses and three-tenths per diem, which, if they were only fourth-rate houses, would be required to pay in fees 4l. 12s. per diem for two or three hours’ service at the ordinary rate of payment to private surveyors. If we bear in mind the evidence as to the character of the past appointments, and of the works themselves, and consider that, where no securities are taken for qualifications, none will be found except by accident, the contrast with the payment for the services of men of superior qualifications will be clearly perceived. Such an amount of emolument would defray the expense of a whole Board of superior officers at the rate of pay to the officers of the corps of engineers:—

Or if unity of direction and execution were required, the staff of officers and men at the rate of pay for general service from the public would be as follows. The rate of pay therein stated is subsistence pay: the half-fees for every alteration made in a building would in most cases suffice for the extra pay given to officers and men in active service:—

The high rates of remuneration ordinarily given for fragments of practically irresponsible service, would not only serve to defray the expense of direction by scientific officers, but of execution by trained subordinate officers.

The following return will afford a display of the comparative rate of emoluments in other towns from fees on the ordinary scale of surveyors’ fees:—

For the construction of efficient works for drainage, it is shown that science is indispensable. If scientific officers be chosen for this one purpose, if the objectionable mode of remuneration by fees be preserved, since they are required to inspect the foundations of houses for the purpose of drainage, they might for one-fourth of the proposed fee be required to give inspection to the remainder of the work, and the process of double certificates and divided responsibility be saved. Even if the amount of work were in particular places too great to be performed by one person, it would be better, and less expensive, that it should be performed by him through an assistant, for whose defaults he should be responsible. A reduction of the accustomed fees to one-fourth, or of the aggregate emoluments obtainable under a general Building Act to 15,000l. or 20,000l. per annum would still entail the loss of so much money that might serve to secure superior scientific service; whilst in the less populous districts the payment for the separate duty of verifying the fact of compliance with the provisions of the Act would be too small to ensure the service of competent and responsible officers.

Besides the evils inherent in narrow districts, and the splitting of connected functions which prevent the application of science by preventing the appointment of scientific officers, there are other evils attendant on such small jurisdictions and separation of functions, namely, in the mode in which the money for such expenditure is levied. The popular jealousy is excited by the further multiplication of unnecessary offices, as of clerks and collectors, but real annoyance is given by the consequent increased expense of separate collections. The prevalent repugnance to direct taxation in any shape has hitherto been greatly owing to the cause of grievances experienced in the number and oppressiveness of the collections incidental to the ordinary local taxation. Those collections confuse and obstruct the rate payers’ economy. Where there are a number of rates collected at different periods, some are forgotten and not provided for; and when demanded, they fall with the inconvenience and create the irritation of a new tax. The householder may have paid the collector of his poor’s rates, then the collector of his assessed taxes, then the collector of the land tax, then the collector of the watch rates, then the collector of his paving rates, then his lighting rates, then his water rates, and then he thinks he has done, when a collector calls to demand the payment of the church rates; he may have paid him, when another collector appears to demand the payment of a sewers’ rate for two years, probably for the period of a former tenant, and for which the tenant on whom the demand is levied receives no apparent advantage. A witness says^[45] (2231), “In Limehouse there had not been a sewer built for 100 and odd years, and there are 2000 houses, and not a sewer to them.” Another states (2066), “In one case a sewer rate of 6d. in the pound was levied for 10 years, without even surface drainage;” and in that case the party paid another rate to a trust for paving, lighting, and making drainage. “We could claim six years,” says another witness (860); “three years’ rates in arrear, as against former occupiers, were levied on the incoming tenants” (1798).

In a house receiving no benefit, the occupier, having refused to pay the rate ten years, and having paid it but once in 1827, the commissioners, when he left (1834) the house, “distrained on the new comer, and tore down the corn-bin,” &c. His solicitor previously wrote to them that the occupier was out of town, and wished them to abstain from taking any violent measures, at the same time offering on his part to refer the matter to any competent person (2328). In another case of aggravated proceeding, Mr. William Baker, who was clerk to a like commission, complained of the state of the sewerage, and of the rates in another commission. He did not resist the rate, “for he knew very well what the powers of the commissioners are, and it was not worth his while to resist so strong a body.” The assessments of sewers’ rates are seldom strictly legal.

Such rates, being small in amount, they are levied at long intervals, for the collection at once of a sum sufficient to defray the expense of collection; and because they are collected at long intervals, the irritation and resistance and trouble is great, and an additional sum is paid by the public for the collector’s share of the trouble of the collection. For the collection of the assessed taxes 3d. in the pound is paid; for the collection of the sewers’ rates from 6d. to 1s. in the pound is usually paid. I venture to state, that by a consolidation of the collection of such charges, enough may be saved of money (independently of the saving of oppression and irritation) from the collection of the one local tax, the sewers’ rate, to pay the expense of the services of scientific officers throughout the country. At present the high constable collects the county rate from every parish, and carries it to the county treasurer, in the county town, and charges for the expense of a journey. By an easy alteration, by payment by cheques from the union treasurer to the county treasurer, in one county (Kent) 1000l. per annum might be saved, or enough to defray the immediate expense of constructing permanent drains for upwards of 500 tenements. What might be gained on this head for immediate expenditure, in most towns, will be shown in the following extract, from the evidence of Mr. Simkiss, the auditor of the Wolverhampton union:—

What are the amounts of the chief local rates collected, in round numbers?—The poor’s rates are about 4000l., the highway rates about 2000l., and there are rates levied by commissioners under a local Act for lighting, watching, and improving the town, amounting to about 3000l. in round numbers.

On his admission of the practicability of combining with advantage the superintendence of all this expenditure by one Board in such a town, a combination of which there are several examples, he observes:—

The greatest public advantage in having those duties united would be the collection of the whole of the rates in one sum by the same individual, and payment afterwards to the several purposes.

What are the present disadvantages of a separate collection of these rates?—First, that there are three collectors to pay instead of one. 1s. in the pound is paid to the collector of the highway rates, which is supposed to produce 100l. per annum. The collector of the poor’s rates is paid by a fixed salary of 150l. per annum. The collector of the commissioners’ rates is paid 8d. in the pound, and he gets upwards of 100l. per annum. If the collection of the rates were consolidated, they might be collected for 200l. per annum, and upwards of 150l. per annum might be saved in salaries alone; but a much larger sum might be saved by a more efficient collection of the smaller rates. The surveyor’s rates and the commissioners’ rates not being sufficient to occupy the whole time of separate individuals, they attend to other things, and consequently much money is lost by the delay in the operation. Parties remove, or die, or leave the town. Three times the amount has been lost in Wolverhampton on the collection of the highway rate as compared with the poor’s rates. The highway rate and the commissioners’ rates, each being made for twelve months, the collectors usually collect from the large rate payers first; considerable time elapses before the smaller payers are called upon, consequently much is lost by the delay. I have known it that the highway rate has not been demanded in some parts of the town for seven or eight months after it has been granted. The surveyors of highways, and the commissioners of improvements, not taking so much care in obtaining securities for the smaller rates, run greater risks of defalcation. I do not advert to the collectors of the smaller rates in our town, but the collectors of the smaller rates, being tradesmen, usually use the public money in their trades, and there is frequently much peculation. The accounts of the collection and expenditure of the smaller rates are generally badly kept.

What I have already submitted will, I hope, suffice to sustain the recommendation, that at the least nothing should be done to aggravate the existing state of complication and waste, by new divisions of service and the unnecessary additions of new and unqualified officers, and that everything should be done to guard against the continued reproduction of the evils in question in districts where there is clear ground. It would, I apprehend, be practicable in the old districts to superadd the appointments of officers, with proper qualifications, without any diminution of the emoluments of the existing paid officers or any material disturbance of them.

When the great importance of the general land drainage to the health of those who labour upon it and to their most productive employment is fully considered, it will, I conceive, be found entitled to all collateral aid, to which an additional title would be conferred by equal contribution of the owners and occupiers to the expenses of public drainage. If officers of proper qualifications and responsibilities were appointed, the works for sewerage branching from the towns, and the road drainage, could not fail to aid, as indeed I conceive it should be directed to aid, the private land drainage. The same surface levels and sewerage, if made on the scale proposed by the Poor Law and Tithe Commissioners (namely, of three chains to an inch) would serve for all civil purposes, whether of towns or general land drainage, or road drainage, for determining the descent of streams, for the application of the water of which it is desirable to rid the upland wastes, and would frequently be most beneficially applied for the use of the towns, and for the use of the poorer districts.

The appointment of persons having the scientific qualifications and position of civil engineers might serve to supply a want which is generally found to be the chief impediment to the drainage of land subdivided amongst numerous small holders, namely, the means of reference or appeal to some authority deriving confidence from skill and impartiality to determine on the need of works, and the mode of executing them, or to arbitrate; and on the compensation due from damage arising from them. Given such an authority, and in those small, but, from their great number, most important cases, where the expense of an application to Parliament is out of the question, it might, be safe to say, by a general provision, that the inhabitants of a town may procure springs of water, and make, deepen, and scour drains through the circumjacent district; that regulations may be made for arching over or covering the sewers to proper distances from the towns; for the purchase of ground, and for the erection of works for rendering the refuse of the towns available for agricultural purposes: power might also be given to lay pipes in the highways, to put plugs for the supplies of water against fires, and for watering the roads.

On referring to the experience of the efforts made in Ireland for the drainage and reclaiming of bog lands, by which large tracts would be obtained, it appears that the working of legislative measures for those purposes have extensively failed, because the landowners had not sufficient security that the work would be properly planned and executed.^[46]

I would here beg leave to guard myself from an apparent inconsistency. In 1838, I was examined before a committee of the House of Commons on their resolution, “That it is expedient that the parishes, townships, and extra-parochial places should be united in districts for the repair of the highways throughout England and Wales.” On that occasion I adverted to the evil of the unnecessary multiplication of new establishments as well as new officers, to their inevitable inefficiency and to the expense and obstruction to improvement which they created; and I submitted these, amongst other grounds, for proposing that the new duties should devolve on the boards of guardians of the new unions, as such duties had been in various instances combined under local Acts. The committee recommended the proposal for adoption. On the premises then placed before me, as to the expediency of establishing a new administrative body with new clerks and officers for the collection and management of the fund for repairs of the highways alone, and in small districts for which even the areas of unions were thought large, I should still adhere to the same conclusion.^[47]

The present inquiry, however, has shown the general primary importance of the works of sewerage and drainage throughout the country. The execution of those works would properly devolve upon the commissioners of sewers already in existence in the towns, or in the marsh districts, or upon commissions of sewers which it will be found necessary to issue to places where there has been no need of surface drainage, but which stand in need of under-drainage. These being the primary works for making the ground clear and keeping it clear for all other works, would necessarily require the highest science and skill, and the strongest establishment; and it would be only carrying farther the principle of consolidation, as the only means of obtaining the most efficient service, the most conveniently and at the lowest cost, now to recommend that the care of the roads should, of all structural works, be made to devolve upon that body which has the best means of executing them, namely, the commissions of sewers, revised as to jurisdiction, and amended and strengthened as to power and responsibility. What Colonel J. F. Burgoyne, the experienced chairman of the Board of Works in Ireland, stated in his evidence before the committee of the House Commons in 1836, (question 35,) on the consolidation of the turnpike trusts, may be applied to the consolidation of other local works:—“One office and account will then do for the whole; a superior superintendent could then be employed, and more perfect machinery; the means will be more generally available, and can be concentrated where required, by which the works will be carried on with more advantage, and a system of regular and rigid maintenance can be established so much more economical and beneficial than that of occasional and periodical repairs.”

It is due to state that in petitions from ratepayers much dissatisfaction is expressed with the proceedings of the commissions of sewers, and their objectionable working is assigned to their irresponsibility, and a favourite remedy proposed is to make them elective; but if the administration of expenditure by elective vestries be examined, it is found to be no better; and of entirely open vestries, even worse; and the practical responsibility for injustice done to individuals, or to any one who cannot get up a party, still less. It may, however, be submitted for consideration, whether the commissions for sewers might not be so far modified as to admit some infusion of the representative principle in their composition, by including, as ex-officio members of the commission, the chairman and vice-chairmen for the time being of the Boards of Guardians of the poor law unions included within the jurisdiction of the commission. These officers are elected by the elected representatives of the ratepayers—the guardians. It will be seen that much of the evil which the preventive measures within the province of the commission of sewers must provide against, is presented, in the first instance, to the Board of Guardians, in the shape of claims to relief on the ground of destitution occasioned by sickness. The chairman or the vice-chairman, before whom the cases are thus brought, would form an efficient medium of communication. The measures of drainage and structural improvement are permanent improvements of the greatest importance to the labouring men, in common with other classes; but it is matter of fact that such improvements are the least supported by those who have the least permanent interest—the smaller occupiers; or by those who have the least means and have the greatest dread of immediate expenses—the smaller owners. The chairmen and the vice-chairmen of the unions in the rural districts are, however, the chief landed proprietors, who are elected by the guardians for the interest they take in the improvement of local administration. The most important improvements in the residences of the labouring classes that have been brought to view by this inquiry have arisen from the spontaneous benevolence of the larger proprietors; and so much improvement must depend upon their voluntary exertion, that, for the sake of the labouring classes, it recommends itself as an important arrangement, that those who, as chairmen of the Boards, have the distribution of relief to the destitution attendant on sickness, should be placed in a position to represent the need of the means of prevention, and urge forward their execution.

When the extent of the removable causes of sickness and mortality are more clearly and extensively understood, as they will be, the Board of Guardians will of necessity occupy much of the position of the Leet, as a body fitted to act on complaints made, and to reclaim the execution of the law against omissions and infractions which occasion illness or injury to the most helpless classes.

Boards of Health, or Public Officers for the Prevention of Disease.

In reports and communications, the institution of district Boards of Health is frequently recommended, but in general terms, and they nowhere specify what shall be their powers, how they shall seek out information or receive it, and how act upon it. The recommendation is also sanctioned by the committee which sat to inquire into the health of large towns; and the committee state that “the principal duty and object of these boards of health would be precautionary and preventive, to turn the public attention to the causes of illness, and to suggest means by which the sources of contagion might be removed.” “Such boards would probably have a clerk, paid for his services, whose duty it would be to make minutes of the proceedings, and give such returns in a short tabular form as might be useful for reference, and important, as affording easy information on a subject of such vital interest to the people.”

I would submit that it is shown by the evidence collected in the present inquiry, that the great preventives—drainage, street and house cleansing by means of supplies of water and improved sewerage, and especially the introduction of cheaper and more efficient modes of removing all noxious refuse from the towns—are operations for which aid must be sought from the science of the civil engineer, not from the physician, who has done his work when he has pointed out the disease that results from the neglect of proper administrative measures, and has alleviated the sufferings of the victims. After the cholera had passed, several of the local boards of health that were appointed on its appearance continued their meetings and made representations; but the alarm had passed, and although the evils represented were often much greater than the cholera, the representations produced no effect, and the boards broke up. In Paris a Board of Health has been in operation during several years, but if their operations, as displayed in their reports, be considered, it will be evident that, although they have examined many important questions and have made representations, recommending for practical application some of the principles developed in the course of the present inquiry; still as they had no executive power, their representations have produced no effect, and the labouring population of Paris is shown to be, with all the advantages of climate, in a sanitary condition even worse than the labouring population of London. In the Appendix I have submitted a translation of a report descriptive of the labours of the Conseil de Salubrité, in Paris. From this report it will be seen that they have few or no initiative functions, and that they are chiefly called into action by references made to them by the public authorities to examine and give their opinion on medical questions that may arise in the course of public administration as to what manufacturing or other operations are or are not injurious to the public health.

The action of a board of health upon such evils as those in question must depend upon the arrangements for bringing under its notice the evils to be remedied. A body of gentlemen sitting in a room will soon find themselves with few means of action if there be no agency to bring the subject matters before them; and an inquiring agency to seek out the evils from house to house, wherever those evils may be found, to follow on the footsteps of the private practitioner would be apparently attended with much practical difficulty.

The statements of the condition of considerable proportions of the labouring population of the towns into which the present inquiries have been carried have been received with surprise by persons of the wealthier classes living in the immediate vicinity, to whom the facts were as strange as if they related to foreigners or the natives of an unknown country. When Dr. Arnott with myself and others were examining the abodes of the poorest classes in Glasgow and Edinburgh, we were regarded with astonishment; and it was frequently declared by the inmates, that they had never for many years witnessed the approach or the presence of persons of that condition near them. We have found that the inhabitants of the front houses in many of the main streets of those towns and of the metropolis, have never entered the adjoining courts, or seen the interior of any of the tenements, situate at the backs of their own houses, in which their own workpeople or dependents reside.

The duty of visiting loathsome abodes, amidst close atmospheres compounded of smoke and offensive odours, and everything to revolt the senses, is a duty which can only be expected to be regularly performed under much stronger motives than can commonly be imposed on honorary officers, and cannot be depended upon even from paid officers where they are not subjected to strong checks. The examination of loathsome prisons has gained one individual a national and European celebrity. Yet we have seen that there are whole streets of houses, composing some of the wynds of Glasgow and Edinburgh, and great numbers of the courts in London, and the older towns in England, in which the condition of every inhabited room, and the physical condition of the inmates, is even more horrible than the worst of the dungeons that Howard ever visited. In Ireland provisions for the appointment of Boards of Health have been made, but they appear to have failed entirely. One of the medical practitioners examined before the Committee of the House of Commons was asked, in respect to the operation of these provisions:—

“3297. But in ordinary times, when the fever is not of very great intensity, and is confined to the dwellings of the humbler classes, there is no such provision put into force?—No, but then there is another provision which may be put into force; this Act provides, that ‘whenever in any city, town, or district, any fever or contagious distemper shall prevail, or be known to exist, it shall and may be lawful for any one or more magistrates, upon the requisition of five respectable householders, to convene a meeting of the magistrates and householders of such city, town, or district, and of the medical practitioners within the same, in order to examine into the circumstances attending such fever or contagious distemper.’ There is another Act of 59 Geo. III., c. 41, which enables the parishes to appoint officers of health; that is, a permanent power. Those officers have very considerable authority; they can assess a rate.

“3298. Are they appointed?—They are appointed, I think, in all the parishes in Dublin except two; but they are inoperative: they are unpaid, and it is a very disgusting duty. They can be made to serve, but there is no control as to the amount of service they perform; so that the provision is quite inoperative, unless an alarm exists.

“3299. Do you not think the appointment of some such officers, properly appointed, properly paid, and having reasonable power, for the purpose of suggesting and enforcing such measures as shall be beneficial, would be highly valuable?—I am sure it would, and it would save an amazing quantity of expenditure to the country.”

It has only been under the strong pressure of professional duties by the physicians and paid medical and relieving officers responsible for visiting the abodes of the persons reduced to destitution by disease that the condition of those abodes in the metropolis have of late been known; and I believe that it is only under continued pressure and strong responsibilities and interests in prevention that investigation will be carried into such places, and the extensive physical causes of disease be effectually eradicated.

Whilst experience gives little promise even of inquiries from such a body as Boards of Health without responsibilities, still less of any important results from the mere representations of such bodies separated from executive authority, I would submit for consideration what appears to me a more advantageous application of medical science, viz., by uniting it with boards having executive authority.

Now, the claim to relief on the ground of destitution created by sickness, which carries the medical officer of the union to the interior of the abode of the sufferer, appears to be the means of carrying investigation precisely to the place where the evil is the most rife, and where the public intervention is most called for. In the metropolis the number of cases of fever alone on which the medical officers were required to visit the applicants for relief, at their own residences, amounted during one year to nearly 14,000. The number of medical officers attached to the new unions throughout the country, and engaged in visiting the claimants to relief on account of sickness, is at this time about 2300.

Were it practicable to attach as numerous a body of paid officers to any local Boards of Health that could be established, it would scarcely be practicable to insure as certain and well directed an examination of the residences of the labouring classes as I conceive may be ensured from the medical officers of the unions. In support of these anticipations of the efficiency of the agency. of the medical officers when directed to the formation of sanitary measures, I beg leave to refer to the experience of a partial trial of them under a clause of the recent Metropolitan Police Act, by which it is provided, that if the guardians of the poor of an union or parish, or the churchwardens and overseers of the poor of any parish within the Metropolitan Police district, together with the medical officer of any such parish or union, shall be of opinion, and shall certify under the hands of two or more of such guardians, churchwardens, and overseers, and of such medical officer, that any house, or part of any house, is in such a filthy unwholesome condition that the health of the inmates is thereby endangered, then the magistrates may, after due notice to the occupiers, cause the house to be cleansed at his expense.

The defects of the provision are, that it only authorizes cleansing and not providing for the means of cleansing and personal cleanliness, by directing supplies of water to be laid on; that it does not extend to the alterations of the external condition of the dwelling; that the immediate expense falls upon the occupier, who is usually in so abject a state of destitution as to serve as a barrier to any proceeding apparently tending to any penal infliction. With all these disadvantages, its working may be submitted to show the general eligibility of the medical officers of unions as officers for the execution of sanitary measures. The following account is given by the clerk to the Board of Guardians of Bethnal Green of the working of the provision in that part of the metropolis:—

Mr. William Brutton.—We have taken prompt measures to execute the clause of the Metropolitan Police Act, and the Commissioners’ recommendations upon it, in our parish, and the effect produced has already been beneficial. For example, the medical officer recently reported, through me, to the Board of Guardians, that fever had arisen in certain small tenements in a court called Nicholl’s Court, and that it was likely to spread amongst the poorer classes in the district. He reported that others of the houses than those in which fever existed (and the inmates) were in a filthy condition, and that, unless measures were taken for cleansing them properly, fever must necessarily ensue. The Board, on receiving this communication, desired me to proceed instantly, and take such measures as appeared to me to be necessary for the abatement and prevention of the evil. I immediately obtained a summons from the magistrates for the attendance of the owner of the houses. He came directly, and stated that he was not aware that the premises were in the condition in which our medical officer had found them; and he promised that measures should be taken for proper cleansing. Those measures were taken: the furniture of the houses was taken out and washed; the houses were lime-washed. Some of those who were ill died, but the progress of the fever was certainly arrested.

The Board followed up these proceedings by circulating the Commissioners’ instruction and form of notification in every part of the parish. But the proceeding had a very good effect in the immediate neighbourhood. The proceeding was observed by the neighbours, and there is every reason to believe that they have set to work to cleanse and prevent a similar visitation. We have also learned that the landlords of some of these smaller tenements have been rather more particular than before: they have said we must see to the cleansing of these places lest we should be had up for it before the magistrates.

The guardians, considering the form of notifications useful, have directed that they should be issued periodically before the times when disease usually appears. In the course of a fortnight or three weeks hence, when the equinoctial gales prevail, and when we have usually much sickness and claims to relief, we shall probably have another issue of the notifications.

We have also given instructions to the relieving officer, as well as the medical officer, to report on the existence of any filth or things likely to be productive of disease that he may observe in the course of his visits to the houses where he is called by the claims to relief. The services of the relieving officer are highly important, as he has an opportunity of observing the state of filth and the obvious predisposition, and perhaps of causes of disease, preventing it before the visits of the medical officer, who is of course only called upon to attend when disease has arisen. The relieving officers visit more frequently than the medical officer, and give the tickets or orders requiring his attendance.

You are Commissioner of the Sewers in the Tower Hamlets, are you not?—Yes, I am.

And you are of course aware of their procedure?—Yes.

Do you think that body would be available for the execution of sanitary measures?—Certainly not as compared with the Board of Guardians: the Commissioners of Sewers meet only monthly, and have no medical officers and no relieving officers. The Board of Guardians meets weekly, and their officers are constantly at work, night and morning. We have not even waited for the landlords, where prompt measures appeared to be necessary for the removal of any active cause of disease. Where cesspools have overflowed, and where there has been a stoppage of water, we have directed the surveyor of the roads to ascertain the cause of the stoppage, and to remedy the mischief forthwith.

But what legal right have the guardians had to do that: they have no legal right to direct the road surveyor in the performance of his duties?—Strictly speaking, we have not, but we have forcibly suggested it as a matter of expediency.

Between the notification of the evil and the execution of the remedy, in the example you have cited by the Board of Guardians, what length of time elapsed?—From the Friday to the Monday following.

What time, so far as you have had experience, need ordinarily elapse if execution follow immediately on the report?—Execution would follow immediately on the order of the Board of Guardians. I think, however, that the union officers should, in case of emergency, have a summary acting power immediately for the preservation of life. The Guardians thought their examination of the spot unnecessary after the report of the medical officer.

The following is the examination of the clerk to the Strand union as to the practical working of the same measure in another district:—

Mr. James Corder, clerk to the Strand union, examined;—

What has been done in the Strand union in respect to the provisions of the Metropolitan Police Act, 2 and 3 Vict., c. 71, sec. 41, with respect to the powers conferred by that statute for the cleansing of houses which are in an unwholesome condition?

The attention of the medical officers was immediately drawn to the section of the Act, and the instructions of the Poor Law Commissioners relating thereto; and the result has been that proceedings have been had in several cases, in all of which the necessary cleansing has been performed by the owners, without the guardians being driven to the necessity of causing the requisite lime-whiting and cleansing to be done. The medical officer had frequently complained of the condition of the places into which the cleansing had been carried. Those places had for years been in the filthiest and most unwholesome condition: in some courts and alleys the pavements were covered with an accumulation of the most offensive matter, including the carcases of dead animals, such as dogs and cats, which the scavengers said formed no part of their contract to remove: their contract was only to cleanse the carriage ways. Some of these courts and alleys abound in the principal thoroughfares in the metropolis. The public, in passing through a thoroughfare like the Strand, would scarcely imagine that an evil of so much magnitude was close at hand.

The powers conferred by the clause in question appears to be restricted to the cleansing of the houses and the passages within the cartilage. What proceedings did the guardians take with relation to these external passages?

They directed the condition of the places to be represented to the Commissioners for paving and cleansing the district, who caused the filth complained of to be removed. The cleansing of the footways, however, forms no part of the duty of the Commissioners of Pavement, nor of their surveyor, nor of the scavenger appointed by them; and what was done was done extra-officially.

It cannot, therefore, be relied upon for the future?

No; and it is to be observed that the Metropolitan Paving Act evidently contemplates that the cleansing of the footways shall be done by the inmates of the houses. In the poorer districts, however, this is entirely omitted to be done; in addition to which these courts and alleys are frequently made, on account of their obscurity, a depository for most offensive matter. In the better neighbourhoods, the service of cleansing is performed by the servants; but the poor people, who rise before daylight, go to their work, and return at a late hour, have no time to cleanse their courts, and their earnings are too scanty to allow payment to others for the performance of the duty. In the better neighbourhoods, the cleansing does not always take place. The medical officers report, that there is a better average health in the streets that are well cleansed than in others where the people are otherwise in the same condition of life.

What are the main defects you have experienced in respect to the provision of the Metropolitan Police Act, empowering the guardians to take measures for cleansing houses?

First, the delay which must take place before the provisions of the Act can be put in operation. The medical officer has first to make his report to the Board of Guardians; several days elapse before the Board meets: then guardians have to inspect the premises in conjunction with the medical officer previously to certifying as to the state thereof: then application is made to the magistrate, who issues his summons, returnable in seven days; at the expiration of which, if the cleansing be not performed, the guardians are empowered to cause it to be done; but they must first obtain a magistrate’s warrant for the purpose. All this engenders delay; in addition to which our guardians have, in the first instance, caused the landlord to be written to with a view to prevent further proceedings, which in some instances have been successful; but when it is not successful, it creates a further delay, during which disease may rapidly increase and spread. The second defect of the provision is, that the owners are not liable for the expenses incurred; and the occupiers are mostly of the poorest class, who have no effects on which a distraint could be made. With all these difficulties, however, this provision has been very beneficial in its operation; and it is very much to be desired that larger facilities should be afforded for carrying its intention more fully into effect. It may be added, that the medical officer should have remuneration for the trouble he entails upon himself, by a report, in attending before magistrates, until the object is effected.

Mr. John Smith, the clerk to the Whitechapel union:—

Have you taken any proceedings under the 41st clause of the Metropolitan Police Act?

We have issued notifications to every house in the union of the necessity of cleansing the houses by whitewashing them inside and out, and that the owners and occupiers were amenable for any neglect. The relieving officers report to me, that these notifications have already been productive of very good effects, and that whitewashing has been actively practised. The relieving officers were instructed, wherever they found a case of neglect, to threaten the landlord that he would be proceeded against unless the tenement was duly cleansed. But as yet we have taken no legal proceedings, because we have advised with the magistrates, who do not consider that the owners can be proceeded against in the first instance, and the occupiers of the tenements, which are liable to be proceeded against, are most of them paupers and persons in extreme poverty.

With respect to the remedies, I find that the personal inconvenience to which the clause subjects the guardians of visiting the spot is a provision which will greatly obstruct its operations, and will at all events greatly delay proceedings from time to time. The guardians who, in our union, are men of business, consider that their time is fully occupied at the Board, and they object to any attendance out of the Board, and would give it reluctantly. If the cases are taken before the magistrate, it appears desirable that the medical officer should not be compelled to attend unless it were absolutely requisite, and that the relieving officer should be allowed to prove the facts as to the state of the dwellings recited in the medical officer’s certificate, which could rarely be disputed. If the point were disputed by the owner, then the medical officer or other witnesses might be forthcoming.

What is the number of houses in the union?—About 8000.

How many cases on the average do your medical officers visit in the year?—About 4000.

Those visits of course are sometimes to different rooms of the same tenement?—No doubt of that, and very frequently to the inmates of the same room.

Are the visits of the relieving officers to the dwellings of the labouring classes more extensive than the visits of the medical officers?—I should say more extensive.

Between the two, are any class of the poorer and otherwise neglected residences that would probably escape visitation?—I should say that they must visit every spot within the district.

Within such districts as that of Whitechapel, do you think the three present medical officers and the relieving officers would suffice to carry out sanitary measures actively and efficiently?—I think that for efficiency additional strength would be required; perhaps one officer, whose especial duty it should be to attend to the duties connected with sanitary measures, supposing them carried out by the agency of the existing establishments.

From the consideration of such practical evidence, it will be seen that the ordinary duties of the relieving officer in the first instance, and of the medical officer afterwards, ensure domiciliary inspection of large districts to an extent and with a degree of certainty that could scarcely be ensured or expected of any agents or members of a board of health unconnected with positive administrative duties. The inspection of these officers of the boards of guardians more than supplies the external inspection of inquests or of the leets; and it is submitted that in their position these boards may most beneficially exercise the functions of the leet in reclaiming the execution of the law, as against acts of omission and of commission, by which the poorest of the labouring classes are injured and the ratepayers burdened.

It may therefore be submitted as an eligible preliminary general arrangement, that it shall be required of the medical officer as an extra duty, for the due performance of which he should be fairly remunerated, that on visiting any person at that person’s dwelling, on an order for medical relief, he shall, after having given such needful immediate relief as the case may require, examine or cause to be examined any such physical and removable causes as may have produced disease or acted as a predisposing cause to it; that he shall make out a particular statement of them, wherein he will specify any things that may be and are urgently required to be immediately removed. This statement should be given to the relieving officer, who should thereupon take measures for the removal of the nuisance at the expense of the owner of the tenement, unless he, upon notice which shall be given to him, forthwith proceed to direct their removal. Except in the way of appeal by the owner against the proceedings of either officer, or where a higher expense than 5l., or a year’s rent of the tenement, were involved by the alterations directed by the medical officer, it appears to be recommended that no application to the Board of Guardians or the magistrates should be required in the first instance, as it frequently happens that the delay of a day in the adoption of measures may occasion the loss of life and the wide spread of contagious disease; and an application to the Board of Guardians or to the petty sessions would usually incur delay of a week or a fortnight. To repeat the words of Blackstone,—“The security of the lives and property may sometimes require so speedy a remedy, as not to allow time to call on the person on whose property the mischief has arisen to remedy it.” When any tenement is in a condition to endanger life from disease, as it comes within the principle of the law, so it should be included within its provisions, and should be placed in the same condition as a tenement condemned as being ruinous and endangering life from falling.

The instances above given of the working of the provisions of the Metropolitan Police Act for the cleansing of filthy tenements are, however, instances of zealous proceedings taken by competent officers in unions, where the attention of the guardians was specially called to the subject, and where there were no opposing interests. But several other instances might be presented, where the execution of the law is as much needed, but where it is already as dead as any of the older laws for the public protection, and the reason assigned is, that the local officers will not, for the sake of principle and without manifest compulsion, enter into conflicts by which their personal interests may be prejudiced. Medical officers, as private practitioners, are often dependent for their important private practice, and even for their office, on persons whom its strict performance might subject to expense or place in the position of defendants. Under such circumstances it is not unfrequent to hear the expression of a wash from these officers, that some person unconnected with the district may be sent to examine the afflicted place, and initiate the proper proceedings. The working of the provisions of the Factory Act for the limitation of the hours of labour of children has been much impeded by the difficulty of obtaining correct certificates of age and bodily strength from private medical practitioners. On this topic a large mass of evidence might be adduced, showing the unreasonableness of expecting private practitioners to compromise their own interests by conflicts for the public protection with persons on whom they are dependant.

Cases of difficulty requiring superior medical experience and skill occur frequently amongst the paupers. For general supervision as well as for the elucidation of particular questions, the Board have proved the practicability of obtaining for the public service the highest medical skill and science. They have availed themselves of more various acquirements than would be found in any standing conseil de salubrité. On questions respecting fever they have availed themselves of the services of the physician of the London Fever Hospital; on questions of vaccination they have consulted the Vaccine Board of London, and the authorities on the same question in Scotland. On questions as to ventilation they have availed themselves of the services of Dr. Arnott; and on the general questions affecting the sanitary condition of the population they have consulted that gentleman and Dr. Kay, and Dr. Southwood Smith, and others who could be found to have given special attention to the subject. When serious epidemics have broken out in particular unions the central Board has dispatched physicians to their aid, or suggested to the guardians that they should have recourse to the services of physicians in the neighbourhoods. The services of Dr. Arnott, Dr. Kay, and Dr. Southwood Smith were thus directed in aid of the medical officers of the eastern districts of the metropolis; and their reports first developed to the public and the legislature the evils which form the subject of the extended inquiry, and that might otherwise have continued without chance of notice, or mitigation or removal, to have depressed the condition of the labouring classes of the population. But the results of such occasional visits appear to prove the necessity and economy of an increase of the permanent local medical service, and to establish a case for the appointment of a superior medical man for a wider district than an ordinary medical officer, for the special aid and supervision of the established medical relief.

It will frequently be found that there is the like need of immediate local inspection of the medical treatment of the destitute that there is of a grade of inspecting surgeons for the military hospitals. It cannot be otherwise than that amidst a numerous body of men there must be much error and neglect in the treatment of the destitute, in the absence of immediate securities against, neglect. The most able of the guardians would confess that if they are not entirely incompetent to supervise medical service, they are at the best but imperfectly qualified for such a task, and the medical officers would act with more satisfaction to themselves from the supervision of officers from whom they might derive aid and confidence.

But besides the medical treatment of the inmates of the workhouses and prisons, there are other cases within most districts which need the preventive service of a superior medical officer for the protection of the public health.

First, in the cases where the poorer classes are assembled in such numbers as to make the assemblages quasi public, and afford facilities for medical inspection, as in schools.

Secondly, also in places of work and in workmen’s lodging-houses. The occasional visits of a district officer, for the prevention of disease would lead to the maintenance of due ventilation, and to the protection of the workpeople on such points as are already specified as injurious to the health, and that arise simply from ignorance, and are not essential to the processes. An examination of such places, if only quarterly, would lead to the most beneficial results.