The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-23
TIE QUARANTINE QUESTION.
Supreme COurt-Spscial Term.
APPLICATION FOR AN INJUNCTION AGAINST THB QUA-
RANrINE COMMISSIONERS DENIED.

Supreme COurt-Spscial Term.
APPLICATION FOR AN INJUNCTION AGAINST THB QCA-
RANrNE COMMISSIONERS DENIED.
Before Hon. Judge Clerke.
MAY 22-Dard Fan Name VI. OBADIAH BouN and
6thes-This application by the plaintiff on behalf Of
himself and all other State taxpayers for injunction To
the defendants Commissioners appointed under
the Act for the removal Of the Quarantine station passed
March o. 1857 communicating any contracts for the
construction erection of any hospital buildings, &C.
upon the premises recently purchased by them near So
guine's Point in Richmond county. This is the entire
qrayamen Of the relief which the plaintiff demands,
and the grounds upon which It IS sought are
that the defendants have not, the sixth section OF
the requires let the contracts at public auction to the
lowest bidder after having been duly advertised for one
month three daily papers in the city Of New York. and
in daily paper in the county Of Kings as well as In one
weekly paper the county OF Richmond. II is maintained,
on the part the plaintiffs that the contracts referred to
in tho complaint, and which tho defendants design
10 complete at segnpes Point are within the require
ments part Of the which directs that contracts
ehall be let at public auction after being advertised
in the manner, and for the period, which ] have
ton of the act and reads as folows"The contracts
for the erection OF each and ali the wharves buildings,
offices, hospitals and warehouses, and the furnishing
Of all the materials for the same, contemplated by this
act and also Of the fixtures OF the same 80 far a.
can be ,afey and proPer, done shall be yet al pubic
advertised for month In three daily papers in the
city OF New York, In one daily paper in the county OF
Kings, and in weekly paper In the county Of Rich
mondn Surprising for the present, that this section APP
plies the about TO be completed at Seguines
Point are its 40 perempory that the Comms
sioners can discretion In dispensing with them,
under any circumstances, or in any evenu NOW, II must
be recoctet that the measures contemplated by
intended obviate quickly possible, all APP
prehenson of recurrence, during the present summer
Of the fearful pestence which, during last summer desc
lated the opposite shores Of Long Island aud Staten Island
which, for many months, intercept ell aud imperied tho
Of the port, and mpendot over Bro)ky and
habtants Of both cities and Of the surrounding neigh
| borhood. II will also be recollected that ma very
definite plan Of operations coud pc devised BY The
whether the Commissioners could procure suit
able site Immediately, or within any convenient
plIsh in due time the work necessary avert APP
pretended danger In view Of the approaching
account that The Comm oners should Be- invested with
arse share OF discretion the discharge Of their very diff
cult duties That Legislature accordingly attended 10
conGdc this discretion 10 them Is, hiuk very evident
from the whole tenor and language Of the act Although
parhcuarizng their powers aud duties they obviously
leave 10 the Commissioners small degree Of liberty
10 the manner in which those powers and duties
shall be exercised and performed The SIKH section
shows this n,estion with regard 10 the very subject
under consideration. II says that "the contracts
contemplated by this act, so far AZ u can safely and
loves, bidder, after having been duly advertised &c "
SO FAR as whai can safely and properly be dones Tho
letting, certainly, at public aiccn 10 the owcs, bidder
after advertising The phrase can assurcdy apply 10
nothing else In other words, tho contracts shall be
let at public auction, and advertised IN tho manner
stated-if IL can be safely and properly donc--f
in short, such a course shall DO deemed consistent
with the objects of the act, tho permanent change
Of the Quarantine establishment, and, for the pre-
sent, the no leEs important purpose Of wardDg of
the pc thence during the coming season, and rtng
the loses and and the terror which the
mere apprehension Of It during tina, season would in
eviaby produce n the language "a capable Of this con
suuction-and surely cannot admit Of any o,her-vho
10 decide whom and where tho letting at public
uon &c, after advertising In tho manner mentioned.
could [" be safely and properly dcneY" Undoubtedly
the COMMISSIONER and consequently " was for them,
and for them alone, 10 consider and determine the
safety and propriety Of adopting this course, In
making contracts for the erection OF buildings
10 all tracts contemplated by tho art, Of course
they have II In relation 10 tho particular CONTRACT
under consideration. But u may well be doubted,
whether the directions contained In the 9th section
apply any undertakings except those specified 10
the 9TH section aud, they apply TO the others,
the Temporary accommodations In section II can be
contracted for In any manner which the Judgment OF
the Commissioner dictate without any reference 10
section .. But is unnecessary N dwell I'm this point II
they free 10 exercise discretion by The terms OF tho
9Th section they FREQ 10 exercise II In this In
short n the INTENDED contract at Seguipcs Point IL beyond
the scope OF that section and therefore not subject any
prescribed regulations the Commissioners pursue any
If N within the directions, still, have shown, hey
FREQ 10 follow those directions, u Is safe and
proper 10 disregard cm " which they alone capable
OF Judging Having arrived M this conclusion, W not
requisite that should consider whether the pantif
State taxpayer behalf Of himself and other axpayers
sustain this action. II s only necessary that should
decide, that the Commissioners under any
stance 10 let this contract at public auction 10 the lowest
bidder and 70 advertise in the directed In the 9Th
sect ON OF this act
Injunction denied, with $40 cot