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CHAPTER III.
THE LEGAL ASPECT OF MOSQUITO PREVENTION.
Section 1.
309. NECESSITY FOR, LEGAL POWERS.—It is sometimes assumed
because a private person may find little difficulty in preventing the breeding
of mosquitoes on bis premises, if be is willing to take the necessary precautions,
that it is a comparatively simple matter for public bodies like municipalities to
do the same thing in the areas under their control. But a little experience
shows this idea to have no foundation, for the officials charged with carrying
out sanitary measures within the bounds of a municipality meet with every
sort of objection and opposition, especially in the use of new measures not
sanctioned by custom or supported by precedent-
It is only twelve years since Ross first proposed mosquito destruction or
prevention as a sanitary measure, and it has been found in many places in
which this form of sanitation has been adopted that, it was necessary to sup-
plement existing enactments relating to the Public Health, by Ordinances and
Bye-laws, framed for the specific purpose of preventing the breeding of mos-
quitoes and giving special powers to the sanitary authority to carry out the
measures of prevention found necessary for this purpose.
310. Colonel Gorgas, who was the first medical officer to carry out a
successful anti-mosquito campaign in a large city, reported in 1901, shortly
after the commencement of this work in Havana, that—
" the Mayor has issued an order prohibiting the keeping of standing
" water anywhere within the City limits unless made mosquito" proof. This
" is being enforced; and all standing water found not protected as required
" is emptied and the owner fined."
311. Ross in his report upon malaria in Mauritius, mentions that for
purposes of malaria prevention certain petty laws and regulations are necessary;
and in his more recent book upon " The Prevention of Malaria," in detailing the
first step to be taken by an authority proposing to reduce malaria, he states
that it is necessary to reconsider the local Government and Municipal sanitary
regulations in order to take power to deal with mosquitoes. He summarises
the objects for which such legislation is required as follows :—
"Briefly such enactments must give the Health Department power—
" (a) to enter private premises (including houses, yards, gardens,
" lands and estates) in order to search for mosquitoes, rats and other
" annoying or dangerous vermin ;
" (b) to destroy such vermin when found; and
" (c) to prevent the breeding of them.
" Another object is to compel owners or occupiers to take reasonable
precautions against such breeding."
Ross points out that although most civilized malarious countries now
possess Health Acts, more or less based upon precedent, and these contain
clauses against " nuisances," the word nuisance is not always defined so as to
include the breeding of vermin. He adds:—" In such cases, then, it suffices
merely to extend by Act the definition of the word, if possible to include all
vermin as well as mosquitoes."
312. Colonel Gorgas, in a recent paper upon mosquito prevention, after
stating that the first thing in undertaking such a work is to get the necessary
funds, adds:—
" The next step is to get the authority necessary for enforcing the
" sanitary measures. To this end I would have an ordinance passed declaring
" it a nuisance for any property owner to have on his premises any mosquito
" larvae, and prescribing a fine of from 5 to 10 dollars for such offence. The
" Sanitary Officer should have powers, so far as these sanitary ordinances
" are concerned, such as the alcaldes of most Latin-American municipalities