A somewhat hard case was brought before the Queen's Bench
Division of the High Court of Judicature on Monday. Dr. Devine, the health officer at Harrogate, having ventured to read a paper at York on the 26th April on the "Sanitary State of Watering-places," in which paper he made comments on his experience at Harrogate, found that he had given great offence to the municipal authorities there, these comments being regarded as very injurious to the interests of the borough by deter- ring intending visitors. Dr. Devine not having attended to a summons from the Local Board of Health to explain his paper, that Board applied to the Local Government Board in London to dismiss him, which, however, the Local Government Board declined to do. Nevertheless the Local Board of Health persisted in treating him as if he had been dismissed, refused to pay his salary, and it is said, obstructed him in the discharge of his duties. He therefore applied to the Queen's Bench for a mandamus to be addressed to the Local Board of Health, direct- ing them to permit him to discharge his usual duties. This applica- tion was dismissed on the ground that Dr. Deville had made a tech - nical mistake. He might have proceeded against the Local Board for the salary owing in the usual way, and as for the obstruction offered to the discharge of his duties, that could not be properly removed by a mandamus, the appropriate intention of whieh is to compel the performance of neglected obligations, not to order people to desist from doing something which they have no right to do. So poor Dr. Deville had his application refused, and has incurred a heavy expense to no purpose. Not the leas, however, is it clear that the selfish sensitiveness of municipal Boards of Health will interfere seriously with any attempt on the part of the Health Officers to contribute to the formation of a just public opinion on sanitary questions.
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