Sunday, 17 February 2019

Board Of Health Ban on Gatherings Opposed - December 1918


Placed on the front page of the December 5, 1918 edition of the Hamilton Spectator, at the top of a central column, the following was published under a headline reading, ‘Police Are Prepared to Prevent Services:

“If services are held in any of the local churches next Sunday, or any Sunday while the health board’s proclamation is in effect, they will be stopped, and the edifice or edifices closed up by the police. This was announced definitely at pole headquarters this morning.

“When asked by the Spectator reporter whether the law would be at their back in doing so, the Health act was produced, and the following sections were read.

“ ‘Section 38 of the Health act,’ said one of the officials, ‘says, ‘The medical health officer shall be the executive officer of the local board of health, and, with that local board, shall be responsible for the carrying out of the provisions of this act, and the regulations and bylaws of the municipality.

“ ‘Section 109 says : Whenever a local board of health, or a member thereof, or a sanitary inspector is required or empowered by this act, or any other act, or by the regulations, or by a municipal bylaw, to do or to prevent or to direct or enforce the doing of any anything, such a board, or member, or officer, or inspector, may use such force or employ such assistance as is necessary to accomplish what is required. When obstructed in doing so, he may call for the assistance of any constable, or other person, and it shall be the duty of every constables so called upon to render such assistance.’

“When asked whether the police would take action on Sunday if services were held in any of the churches, it was announced that they ‘most certainly would if called upon.’ ”1

“Police Are Prepared to Prevent Services.”

Hamilton Spectator. December 5, 1918.

The Hamilton Board of Health’s second round of banning public gatherings was generally unpopular with many in Hamilton, particularly the merchants and the clergy. The statistics seemed to indicate a lowering of the rate of deaths and cases reported but the ban remained.

The merchants held a meeting among themselves to discuss the matter:

“A meeting of the retail section of the board of trade was held this morning to discuss the board of health regulations in relation to retail stores. R.A. Robertson presided, and extended an invitation to Norman Clark, chairman of the health board, to address the gathering. Mr. Clark explained that the drastic actions had been taken on the demands of medical doctors, but so far as he was concerned would be relaxed as soon as he was satisfied that there was a strong sentiment among the leading citizens that the regulations should be modified. A lengthy discussion followed, after which a resolution was passed expressing confidence in the board and asking that the regulations be modified on Saturdays – that the shopping hours be extended in the evening on that day. A copy of the resolution will be presented to the board of health at this afternoon’s conference by George C. Martin, the board of trade representative at the joint meetings of the health board.”2

2 “Shall Services Be Permitted Sunday : Protestant Clergy Make an Appeal to the Health Authorities to Modify Order : Merchants Also Request That Shopping Hours Be Extended on Saturday.”

Hamilton Spectator.    December 09, 1918.

As for the clergy, a few representing a variety of denominations got together and forwarded the following letter to the board of health:



‘To the Medical Health Officer:

Dear Sir – Arising out of a conversation with you this morning, we submit the following statement of our views as to terms upon which we feel the ban on churches might be lifted and the rights of public worship restored. It is hardly necessary to say that no body of public servants is more fully alive to the gravity of the present than the clergy, who are in frequent attendance upon the sick, both in the hospitals and private houses. It is in no spirit of ignorance or indifference to the public welfare that we ask for a modification of the regulations regarding churches, but in conscientious conviction that through the maintenance of public worship, we render our highest service both to God and man.

We do not base our claim for open churches upon special privilege, but upon the democratic principles of freedom of conscience and equal justice for all. The regulations as they stand, seem to us to discriminate unfairly against churches for two reasons:

1.   Street cars are permitted to carry five passengers over their full seating capacity. If this be consonant with the safeguarding of the public health; it cannot be reasonably maintained that a congregation, however small, in a church, however large, is a menace.

2.   That the board of health has extended to factories the principle of self-regulation, the right to make their own arrangements for the good both of the public and their employees.

Our request is that the churches be treated on the same principle. While we believe it to be the general consensus of medical opinion that the churches might safely be omitted from the closing order, we are prepared, if this cannot be conceded, to limit our congregations to half their original size. Of course, every clergyman must make his own arrangements to provide for this. Some of us would arrange that a certain portion of the members of the congregation should attend only in the morning and others only in the evening. Other clergymen will prefer to double the number of services and halve the congregations.

We believe that such permission will go far towards allaying the widespread discontent that is only too apparent; that it would be in the interests both of public health and civic peace.

The earliest possible consideration of our proposal will be much appreciated.

                                  (Signed) S. DAW

                                                 W.B. TIGHE

                                                  C.L. McIRVINE

                                                   W.H. SEDGEWICK

Note – The clergymen whose signatures are attached are representative of the Anglican, Baptists, Methodist and Presbyterian bodies. As it has not been possible to consult all their brethren, they do not claim to speak for anyone but themselves. Yet, they have reason to believe that the arrangement proposed would be acceptable to all.

                                           W.P. ROBERSTON

                                           (Acting as secretary)

              18 West avenue south, December 5, 1918.

                        (TO BE CONTINUED)                   

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