New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-11-29

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e.ssc ssssr, >. re,asS, is lD.ay q
f,r"va, 'ne house scse h"s"s 81 "h'' place :" tho
lie ehe act r,eias' that ael" dealers a,y have
rtsNst ,sls sunpewdf Al one ss Ga Tao ws 'oa ~
~ th ucso 81 packing he Same 10 send on board OF
a., ihos s.ase, co,ssd With iearf
ss, 1e sud that ns ,ss'I before sunset must ma into
rg,de. Tho, any ,o..e a,ns In tho afboI Of New YORK
q h's. sns he arrival ni before such vessel .ha approach
villain r,e asdd 1sS. q, any what s p
sunrowdef 10 landed BY Of boat or boats any
rids TIA, ,hsi be lawful trAn'hip such sunpowte
a .es eh sppo,~ser XII hat II shall not be
lawful spposeh with the within three hundred yards Of any
wharf Iicf sp In the said City, 10 the souh"Ad OIL me Inc
A. follows The penAliic. provisions Of this shall
not sA, 70 any ,,s az % 9 of he aid Civ or within
Tse provisions Of the act relative % the case under
ofdraon Tho claimants counsel commended that the Inst SEC
on Of he AZ Do met ' OF D' v Ga 10y me D
ve, conprebends The entire City OF New
,S ~ w. 70 he proyided by III Lesislsture The
el lying in clip even though she we're at As % sIy
were By the legislature because they eompehended every
onsysb plsSe or tnps no maui s 81 y ed and e.aa1S
conclude that vessel or barge al any place With
snd hat il il nniaw m for very limited Of
time rpv amount q sunpowder within said % except Povii
ed BIZ The act The question then arises does the 9th section Of the
act with and render the last canse OF the h sec
mon whole law The Sd section OF The act provides for
The powder from seizure although does exempt II oy
cation seize gunpowde found on board OF .y
40 poani in s elect. upon Legislature inserted
this Nth section positively exeH pins empower rom %
before sunset when found in vessel on board OF w"sa
had been received freisht provided in section "a
o i
gunTowder board from seizure before sunset and n2t ls
I hat he Ltessture did not intend 70 confer any such
extraordinary power and only reconcile the
of his section with the clear and unnisksbe 9e aning ana
guntodfr Section Of the of 1916 only the lip
sp Of sI be- S oss vt S to & p
sou not less distant from any wharf pier OF slip nAn aIee nun
vesse freight quantity specified in section g. fthe barge sd
hauled and there received on board che $50
ies gunpowder could have returned the pier or wn
three hundred yards thereof wnOu, y lSe The
have returned to the ger while having the
gnnpowde be brought to the barge while lying songds
Of pier in small boats and to be Ia . ne
The intention Of the Legislature to surround the
transportation Ct article so dangerous TO The community win
necessary accidental explosions or rem
euuIo~de and consider that in the present me
pier ard spirit the of the law could not
hs,e been more I Ss ea.s eeon 81 does MOI conflict
the Of 1916 and conclude that the Warden was
have not taken INTO
JUSTIFIED in %akne the seizure either before
second ~hehe IN in s , Of sOand
diseIeioD to order The sunPowdT 70 be - DC b
sci ia not an lrfy power must be used "a view o. 81
facts and Snc' e 81 1ne anu months poT 20 the
enactment of this law, explosion took place IN the
in the death Of and the IRE 70 spread
s.s h sss Sn Of worth Of properly thereby
of eiize attributed the TO gun
pow6e attributed TO various other causes
explosion led the enactment of the law OF io WIN al
wholesome provisions security Of life and the poteco OF
popery and due the members OF the Fire De-
generally that those provisions Should be
carried II in evidence that about ten tnns OF
powder placed board Of vessel lying Pier NO T. IN
Violate the provisions Of the Fire Law and that u was put Up IA
loose and insecure that the powder ed oai Of the
kegs while being take from the barge TO the sgzne nee no
slightest precautOn taken by the persons
handling end removing this gunPowde to prevent an
There have cuabe negligence on the part Of every
with the removing Of The de' al sn
life Had the powder become gnied by any
accidents that might have occurred an explosion
terrific in It's effects destructive OF -
man life property would have been unparalleled Inc
whole lower part Of the City might have been laid ruins and
beings would have been sent TO an unfley
grave Of the law dwndt into insigneauce when
imminent dancer that threatened e whole com
cupabe and Indifference OF the
reIsoi . hay charge Of tins gtDpowder
To the Towder be restored TO them under such cum,
stances would and fragrant OF
the invite others leopard the lives aud property OF
citizens themselves tng consider that
the eunrowder question legally and gtfn seized ia 40
with the provisions Of the Act OF May 1872 ana IN
the Fire Department. and do therefore
decline order the be restored 20 the cInsnts
JACOB A. WESfERNELT, Mayor.
CITY ITEMS.