The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-25

from the vessels and land them the selected psrs,
and penalty was imposed for landing them upen any
The act Of April is 1885, directed the Commissioners
to designate place the city for the landing OF
the passepger and the seventh session provided that
they shall have authority TO purchase and occupy
such wharves piers, and other accommodation IN the
dalton Of emgrant passengers for purposes Of land
ing them The eighth section places the authority In
the Health Officer 70 give notice to masters and exssrs
to land at the pier places thus dssg
The principal difference between the powers thss con
fered those granted In the act Of 1S4S that the
consent Of the corporation not now made necessary
These provision. clearly indicate the sense OF the L.
gislAture and Of the Commissioners Of Emgratoa, on
whose application they obtained that the selection
Of places for the pS1pss H. q III .1S S si
View view.
have carefully examined the sfidavits now before
me, and consider that they establish beyond any
l. That the selection Of Castle Garden enables ths
from frauds and imposison Thss It is Of great sivan
tsge in facilitating their dispersion throughout the
oDa AID ., the ,syera sties specially formed 70 watch
That the employ ment Of Castle Garden for the pur
pose Of examparo Is Of manifest advantage, In
It's tendency the health aud comert Of the emf
grants themselves. The Judgment and sxpsrenee Of the
formerly deputy health officer, DR.. Osborn, and other
physicians Of Captain Crabree and Of Cyrus Curtis,
s. Ibe bringing together all the emigran,s whose
diseases escaped detection at Quarantine into oas
.s - IL, 81 - 10
city at large than the present system The effects OF
landing the passengers at different immsdsts
~ ding them into filthy boarding houses stated
in the adavts of several Of the experienced physicians
and Others and lear every appearance sense and
The question of the deterioration Of the value Of
property depends chiefly the settlement OF the quss
U1 Il Of the
tants As far any distinction exists, 10 sufficient
to say that stronger case must be made for an In
when nuisance 10 established and abAtsd by tho YER
dict Of ajrIy the injury to property win be .smoyed
&C., e Barbour s. c., Rep 254) may say th.. case
was there made by the plaintiff and not successfully
PEELED BY the Defendants widely different from the pre-
sept.
8 The remaining and leading question is as to the
extent and mmnenee Of the danger from contagious or
infectious diseases the inhabitants in the Immediate
vicinity, represented by the plaintiff.
Ths distance Of the Garden from the nearest habta
tsn II about Ave hundred feet The intermediate spacs
is open ground with free ventilation. must con6i,
in the statements Of the that thsy ms&
to prevent the emsrants from ntrudipg on the Battery
grounds, and see no difficulty in their accomplishing
piegsrdiny the long lst Of depoDents each 10,
70 '' the : sfHdsvin Of the medical gentlemen. If
was s applied. and An ovsr1hsminx number On thu
part Of the defendants. It 10 Of course beyond
my power 70 estimate the relative weight Of character
and But several Of the physicians on the
part Of the defendants are now or have BEEN In official
situations which entits their opinions to influence, in
dependent Of comparative professional eiuepcs. Among
these Dr. Harris, formerly Deputy Health Oicsr,
whose affidavit merits particular notice; Dr. Sterling,
Physician At the Marine Hospital from ls4S to 1861 aud
E1sminpg Physician Of tho Commissioners since that
time; Or. Rockwell Health Ocer for four years, and
Resident Ply cian of city and Agent Of the Bsird
and formerly member Of the Common Council and on
the Committee of Public Health DR.. Fay, Deputy Health
Cox Visiting Physician to the Hospital Of the Conm,
soners; Dr Thompson, Health officer OF the Port Of
ers At ouarantins Dr. Martndae Deputy Health oficsr
OF the Port and Dr. Vsche, Physician in Chief of the
Marine Hospital and for Ave years Resident Physician Of
The opinions of so large number OF responsible on
GERS and experienced physicians are in my de-
to the oatbs OF those who have bsen set apart by the
public to watch the health Of the city; whose
diseases Of emisrans mark them as best qua1iasd to
speak with authority; and whose preju0lced
10 IT, Isss
these with entire unannity state that the spsrshsn
Garden IS is proposed, are groundless.
T. Another consideration is, that the Common Council
Ss.te every and
evils and dangers anticipated by the plaintiffs are In any
o. ou. @ AZ
the municipal authorities Of Boston, or Of Albany; and
such is the rule prevailing there. Baker Boston, IL
Pick. 1s4; Van Warner VS.. the Mayor OF Albany, Is
Wendell 262) By the act OF 1850 (ch. 276) the Mayor
and Common Council constituted the Board HEALTH
and by section of article title s. they have full
tbority to abate all nuisances within the city.
have given to this motion the and study its im-
portsnce and interest demand and the result convic
ton that to arrest the plan Of the Commissioners full
as it is Of so many undeniabe benefits, upon the evil
dence before me, would be rash and unwarranta
BILE exercise Of power salutary only when welded with
caution, but formidable and mischievous engine OF
wrong when exeItd except upon the mandate OF mfer
ous necessity.
The motion for the injunction must be denied, and
the temporary order discharged without costs to either
party.