176
దంపూరు నరసయ్య
the occurrence report to the local police sent at my request! The surprise was all the greater because I heard to my great joy, while at that you were uncommonly active in putting down nuisances of every kind and that you invariably made it a point not to sacrifice your public duty to any feeling of soft heartedness towards those who promote these nuisances.
The nuisance now brought to your notice is, you are doubtless aware, punishable under Section 278 of the Penal Code and has been so frequently punished. Only the other day at Madras, on the information of one of the Town Inspectors, a large quantity of damaged rice on one of the late wrecks at the beach was under the operation of the section, ordered by Mr.T.G. Clark, the Senior Magistrate, to be thrown into the sea and the wreck itself (no doubt worth a considerable sum of money to its owner) was subsequently blown up by gunpowder. This was done in the interest of the public, for where there is a risk of the people's health being affected by the continuance of such nuisances, it is clearly as you are aware, the duty of magistrates to put an end to it at once, all sentimental ideas of pity and tenderness notwithstanding.
As you might be unwilling to interfere in this matter, on account of two considerations which generally in these cases intercept magisterial activity, I trust you will permit me to name and combat them both and show to you the consequences of such laxity on the part of magistrates. These nuisances are regarded as matters of course, and as done in cause of one's daily trade. They are also held as exempt from the operation of the law, on the score of long custom. But what does the law and even commonsense, say to these objections? Law plainly tells us that. while you are always protected in the plying of your trade, so long as it does not interfere with the convenience of the public, the moment that it does so; you are not only civilly, but criminally, liable for your conduct. And this the law pronounces for obvious reasons. On the other hand, no right of prescriptive protection is claimable, when your trade is calculated to affect injuriously the health and convenience of the public.
As for the consequences that will surely follow magisterial softheartedness and laxity in cases of this description, they are as numerous
