Sunday 31 March 2019

Board of Health Feeling Pressure as to Ban - December 9, 1918


On Saturday, December 9, 1918 as Hamiltonians read their daily newspapers, the headlines in the Times, Herald and Spectator all concerned the Hamilton Board of Health’s regulations for fighting the influenza epidemic.

Members of the city’s clergy, both Protestant and Roman Catholic, plus representatives from the city’s major retail stores, had been campaigning for an end of the ban, or at least some modifications to the ruling.

The board of health members were sympathetic to the concerns but still had to deal with their responsibilities as to fighting the epidemic:



 “There is little prospect tomorrow over the board of health’s proclamation ordering the churches to remain closed. Rectors of some of the Roman Catholic churches earlier in the week announced that mass would be celebrated, as usual, but this morning His Lordship Bishop Dowling stated that all the Catholic churches in the city would remain closed.

“The board of health has refused to modify in any degree its proclamation. The request of the Protestant and Roman Catholic clergy and the merchants for a slight relaxation of the regulations was turned down at a meeting of the board and representatives of the Medical association yesterday afternoon.”1

1“Churches Will Remain Closed; Order Stands : No Modifications of Health Board’s Proclamation : Merchants and Clergymen Appealed in Vain: Flu Epidemic Seems to Be Abating – Few Deaths”

Hamilton Spectator.    December 07, 1918.

Although the meeting of the board which made the decision was closed to the public, the following overview of the matters discussed was put together by the board’s publicity commissioner :

“Rev. W.P. Robertson presented a letter signed by himself and three representative Protestant ministers, suggesting that the proclamation be so amended as to permit of the holding of services in the churches under certain restrictions. He stated that he did not  wish to appear antagonistic to the health authorities, his desire being to back them up in every way possible, but he felt that measures might be adopted that would safeguard the health of the citizens without interfering with the holding of services for divine worship.

“Rev. Dean Kelly, St. Mary’s Cathedral, expressed  every confidence in the health authorities, but concurred in the contents of the letter signed by the Protestant clergymen. He urged that the matter be given careful consideration.

                             MERCHANT’S SIDE OF IT

“”Lieut.-Col. Robertson, representing the retail merchants, assured the board of the confidence of the merchants in the health authorities, and of their continued co-operation in the carrying out of any necessary restrictions. At the same time, the merchants asked for the reconsideration of two points, viz. : Whether it would  not tend to relieve congestion by permitting the stores to remain open Saturday afternoons and evenings, and whether it would not be wise if the first suggestion could not be acted upon, to close all stores at 4 p.m. to prevent the crowding of smaller stores by the closing of the larger ones. He advanced several strong arguments in support of both suggestions.

“After the deputations had retired, the joint committee went fully into all of the suggestions and arguments that had been advanced, and also into the statistics showing the progress of the disease. Dr. Roberts suggested that relief might be given the churches to the extent of permitting them to be opened for private prayer, but not for the holding of services, but he received no support from the others.

“F.A. Magee, who attended as the board of trade’s representative said that, after hearing the facts, he was inclined to favor more stringent regulations rather than modification of those now in force.

“”After a long discussion, it was agreed by all that the restrictions should not be altered for the time, but the members asked that they be kept fully informed from day to day regarding the progress of the disease, with a view to the removal of the ban at the earliest possible date, consistent with the safety of the public.

“A letter was received from the Ontario Billiardmen’s association, asking that relief be granted the proprietors of local billiard parlors as soon as possible. The members agreed that this class was feeling the effects more than any others, but could not see their way clear to do anything at the present time.

“The Dominion Civil Service board wrote asking permission to hold civil service exams in Hamilton next week, there being between 30 and 40 candidates to write, but the request was refused.

“L.R. Tobey billed the board for $195, the cost of his newspaper advertising a week ago yesterday, which he claimed was rendered ineffective by the operations of the ban. The amount and letter were ordered to be filed.”1

Although the Hamilton newspapers had generally been in support of the measures the board of health had taken, there was a feeling that the epidemic was on its wane, that store hour limitations were ineffective as the Christmas rush was underway and finally, that the ban on the holding of services in public worship should be ceased or at least be more flexible.

The Hamilton Spectator was particularly forceful on the matter :

 “The board of health stands pat. That is to say, the ‘ban’ remains.

“The ‘ban’ is the means taken  by the members of the board to stamp out the epidemic of what certain doctors call Spanish influenza.

“The ordinary citizen, who has respect for properly constituted authority, would like to believe that the ‘ban’ is all that its sponsors claim.

“The members of the local board of health consist of a tailor, a plumber, a lawyer, a boat builder and a doctor.

“According to their light and knowledge, they are doubtless doing the best they can, which is altogether different, however, from labeling that effort as the best possible.

“The Public Health act gives them authority to ‘use all possible care to prevent the spread of infection, or contagion, BY SUCH MEANS AS IN THEIR JUDGMENT is most effective for the public safety.’

“The phrase, you will notice, is elastic. ‘In their judgment’ provides the excuse for those who challenge the infallibity of the course pursued by Hamilton’s board.

“Inconsistency, anomalies, even unfairness, have been complained of in the newspapers by those affected by the order.

“Section 56, part 2, of the Public Health act, specifically mentions the places to be closed during an epidemic, as follows:

          Section 56, prt 2:

“The medical officer of health or local board, when it is considered necessary to prevent the spread of any communicable disease, may direct that any school or seminary of learning, or any church or public hall or other place used for public gatherings or entertainments in the municipality shall be closed, and may prohit all public assemblies in the municipality, and no such school, seminary, church, hall or public place shall be kept open after such direction for the admission of the public, nor reopened without the permission of the medical officer of health.. (2 Geo. V., c 58, 58.)

“It will be seen that no mention is made there of stores, the board evidently relying on the clause giving them general powers which ‘in their judgment is most effective for the public safety’ to interfere with shopping hours. The purpose of the act is to prevent crowding and congestion. How is that being accomplished by restricting shopping hours in the midst of the busy season of the year?

“Wouldn’t it be better to keep the stores open longer and attempt to limit the number of persons allowed to enter the store at one time?

“The board has not lived up to the requirements of the act for the treatment of communicable disease.

“The board has not inspired confidence by removing the ban and then restoring it with scarcely any warning, and while the city was in the midst of its social and business activities.

“It is not too late to undo some of the mistakes, but the board, by its announcement last night, does not seem to be in the mood to do so.

“An appeal to higher authority is a matter that takes time to handle, but it is worthwhile to notice that when such appeals have been made, the courts have held as a basic truth that, while bylaws of public representative bodies ought to be supported if possible, they should be benevolently interpreted, and credit given to those who have to administer them that they will be reasonably administered.

“If they were found

 ‘To be partial and unequal in their operation as between different classes;’

If they were

‘Manifestly unjust;’

If they involved

‘Such oppression or gratuitous interference with the rights of those subject to them as could find no justification in the minds of reasonable men, the court might well say : Parliament never intended to give authority to make such rules; they are unreasonable and ultra vires.

“The requirement of reasonableness involves the general rule that bylaws in their application should be general and not particular. They should not improperly discriminate between different classes.

“They should not make unlawful, things which are otherwise innocent.

“Is the danger from the spreading of this infection or contagion greater or less by herding together a certain number of people in a store for a shorter period than by thinning out the number over a longer period?

“If the theory of limiting the number of people in a street car is sound, why should not the stores be allowed to remain open and the number at any one time limited?

“And so with the churches?

“What about it, gentlemen of the board of health?”2

2 “As to the ‘Ban’ ”

Hamilton Spectator.    December 07, 1918


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