The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-11
Sssue 1arden TO be an Emigrant DePAt-Ms~
uon for injunction Denied.
SUPERIOR CoURr-sPrcIaL rExn.
~ EtIAA IEH1
Before Hon. Judxe Hoffman.

L
tion for Injunction Denied.
SUPERIOR CoURT-sPEcIAL TERM.
Before Hon. Judge Hoffman.
JUNE 9--fn he mater of a Aotion for an yr,,enysn
against the Commissioner Of Emigration 10 yesrci e
from esdbshsng Depot for Emgyasts at Casle Gardes
the Court rendered elaborate dession denying u.
motion for injunction.
Judge Hoffman said-Ths is TO se considered d
TWO aspects Frat in relation particular statutes ana
conveyances, under which the plaintiff i,sists that
ana those similarly situated have IN absorte right
owners OF property to have the intended use OF Cast
Gardsn prohibited Second in rslatio. to the gensrs
law governing the Court in interfering with partis
whose acts amount to naIsances or tend to such conss
qaenees endangering property, health comfort a. q.
eqsvaena 10 nasances. 1. Az to the particular
rgnts Of the plaintiffs owners of property In thu VI
the land upon which Castle Garden s,snds
wen as ths Battery as it at any period deansl
cs. .ns Of New Yors under the
fees int the w.ter The lines Of that grant erpresa
Of Sora G..rr. sss WAS .o
ss s:unS,ss G and extent Of March, 1885, n the
soians s6s 81 ihs sisss, withia the limits D.
claimed by the corporation except the lands reserved
in the FIRST section. The exception was the ground
the lots fontag Pearl street which is sucisnt ts
indicate as tho government House Grounds The recital
sss shsT ssr the va. to convey For. George .:a
hold the premises for the purpose Of erecting public
buildings and wos Of defence thereon but without any
power to dispose Of the same for any other
part tbercsfn This Judge then proceeded to examine
1t great length and with marked ability the numerous
sdavits presented to him. which, be CON nsidered had
established beyond any reasonable doubt these poats
First that the selection Of Castle Garden enables ths
Commissioners more eectusly to guard the enigrans
from frauds and imposition that Is Of great advantage
In faciitsiina their dispersion throughout the country
the several societies specially formed to watch over Their
comfort Second that tie employment Of Castle Garden
sge in its tendency to secure the and eotort a
the emgrants themselves The Judgment aud experiences
OF tie Commissioners, confirmed by the affidavit Of Dr..
Harris, formerly Deputy Health Oacer, Doctor Osbsra
and other physcan OF Captain Crabree and Of Cyrus
Curtis formerly Commissioner Of Emigration, esaS-
grants whose have at the Qua
rantine into place such the premises in qusssn,
ia decidedly more likely to avert the propagation Of ds
ease in the city a than the present system The e
ecs Of landing the passengers at different points, Of i'm
mediately crowdng them into filthy boarding houses
physicians and Others and bear every appearance e
good sense and truth Fourth, the question Of the de-
upon the settlement of the question next discussed q
to the effect Of the proposed OF the Garden upon
the health Of the neighborng inhsbtants-as far -
stronger case must be made for injunction than n
cases Of threatened injuries to health When nui-
the injury to property win be removed Fifth in reis.
tion to the decision in Brewer against the Mayor &c.
vas then made BY tSs pant and not
PEELED by the defendants widely different from the prs-
sent Sixth, the remaining and leading question is, -
to the extent and mmnence OF the danger from conta
gious infectious diseases to the inhabtants in the
vicinity represented bv the plaintiff ms
about five hundred feet The intermediate space opsa
ground, with free ventilation. must corfde in tho
statements Of the that they mean e
grounds and zee no difficulty in their Dplishing
this purpose Dsregardng the long list Of deponests
robs their opinion Of weight have given my principal
attention to the aidavits of the medical gentemea.
the site rule of decision non odere WAS ap-
Piled, and an overwhelming number on the part ef
the defendants. 1t Is Of coarse beyond my power -
estmsts the relative weight q character and
the part Of the defendants are now, or have bssa,
in official situations which entle their opinsns to In
eminence. Among these are Dr. Harris, fsrnsriy
deputy Health Officer, vhose AFFIDAVIT merits parcuisr
notice nr Sterling physician .. the Marine Hospital
mssisners since that time; Dr. Rockwell Health Onnsr
for four years and now resilient physician Of the city
Health Commissioner and formerly member OF the Csn
mon Council and the Committee Of Public Health;
the Of 1884, Dr. Coz, visiting physcian Of tss
hospital Of the Dr. Thompson Health o.
,ss Of the port Of New York Dr. kosA In ::
clan in chief Of the Marine Hospital and for v: y..rs
nanssr af s ss:pon.ss s' ssss: ..z :
experienced physicians, are, in my Judgment, DE-.
cisive. attribute more than mere personal in
portance to the oAths Of those who have been Sc
apart BY the public to watch the health Of the city,
whose experience and constant familiarity with the
bits ana diseases Of emigrants, mark them best quail
fed to speak with authority and whose prejudiced
even hasty Judgment involves mot merely the mpeaoh-
ment Of their fairness and intelligence but the violaoa
Of solemn duty consigned to them by the public An
these with entire unanimty, state that the apprshsn
stems Of ths spread Of cOntagion, from such Il
Castle Garden, arc groundless. Seventh-Another
sideration is that the Common Council Of the city
conservators Of the public health may abate every
sance and experience proves that the evils dangers
anticipated BY the plaintiffs In any degree realized
they may be Immediately removed The powers
poration extensive those of the auth0
rites Of Boston Of Albany and ID the rule (Bak
agt Boston, IL Pick, 1884, Van Warner agt the Maysr
Of Albany, 10 Wendell, 262) By the act Of 1880 ch.
275,) the Mayor and Common Council constitStsd
the Board of Health and BY section Of article l. ts
they have full authority 10 abste AL nuisances wn
the city have given to this motion the care ana
study which its importance and interest demands and
the result IL conviction that to arrest the plan Of IL
Commissioners, full II s Of many undensble bsns-
fits, upon the evidence before me- would be rash
and unwarrantable exercise Of rowsr salutary only
when welded with caution but formidable and nils
chevous engine Of wrong when exeted except upon tie
mandate Of imperious necessity The motion for the In
junction must be denied and the temporary order da
charged without costs to either party.