The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-22
The Quarantine Connmlssioners--Applica
FOR an Injunction.
suPRAAR COURT--CHAMBERs.
Before Hon. Judge Clerke.


FOR Injunction.
SUPREME COuRT--CHAMBERs.
Before Hon. Judge Cerks.
MAY I-Ddrtd Pan Name OBADIAH Bo,ULs, Gea
foa and h9c5t Henson, Qarantie COMMISSIONER These
parties appeared by their counsel yesterday morning.
fore Hon. Judge cerke, "to show cause why an order
should not ,e made restraining the defendants from enter
ing into or communicating any the construo.
ton or erection Of any hospital building docks
upon the premises Segune's Pontn
Ar. George White (who, with Mr.. Lot O. Chrke ap
peared for the pnn read the recent Of the Legsl
,ure for removing the Quarantine station passed March g.
1867 and sko the complaint setting forth several facts al
ready before readers, the principal allegation being
that sthstar ding the plain direction of the sixth see
ton of the act requiring that the contracts for the ereo
ton Of each and all of the wharves &C. 80 far as could
safely and properly be done, should DO let public auc
ton to the lowest bidder AFTER having been duly adver
sed for one menth the defendants disregardng ha
invited proposals In q manner different therefr0m.
Mr.. Noyes, who said he appeared behalf OF the At.
torDey Genera read affidavit from Obadiah Bovine,
one Of the Commissioners setting forth that he Is well &C,
quanted with the value Of lands In the county Of Rich.
mond, especially those where the present Quarantine
buildings located and that said lands in his judy
mcnt worth the Of al least and above
any existing encumbrances that w preservation Of the
public heahh imperativey demanded that tho present
Quarantine should be removed to some point moro remote
from tho large and popuous cities OF New York and Brook.
yn and that such removal should be effected the
Lest moment beyond the 18th day Of June next
Joint affidavit Of Egbert Benson and George Hall the
other Commissioners corroborsted that of Mr. Bovine and
added that during the last yellow fever ragged for
some time ut and near the present station and
the opposite coast Of Long Island for three four miles
In extent having been communicated those places from
the vessels lying at Quarantine, and that removal Of the
Quarantine was necessary 70 prevent tho recurrence Of
Mr. Noyes also read the following certificate from Gov
King, the Leuter ant Governor and Comptroller a
George Hall, Egbert Benson and O6e diah Bovine, Com
appointed in pursuance OF the passed March
g. ls67, entitled Gan act for the removal or the Qaarsn
tine SsatcB," have reported u the undersgned that
with the provs Of the 2lst section Of said
act, they deemed necessary to provide temporary
Communications for persons arriving in the port Of New
York sick with yellow fever other pesentia Disease
until the present Quarantine shall be removed aud that
they have selected suitable point Ter that purpose
Of staten Island adjoining Seguues Point the east
tanning fifty that they have
Luh, Of Brooklyn, the refusal in writing Of tho right
to purchase from him the said City of land the
Of to be paid on the LIST dry Of May next,
and that the temporary accommodations for the sick
be erected said land, be ready for on or
before the LIST day Of June next and At cost including
the cost Of the land not exceeding $4,000.
Now we, the undersigned, having visited and examined
the premises selected by said Commissioner, and
sderpg the place selected favorable be obtained
for the purpose above suggested and believing the price
approve of the purchase thereof at the price
Tened and Of the thereon of The necessary
porary accommodations for the SICK as soon IS perfect
10 JOHN A. KING Governor.
HENRY r. SEI.DEN, Lieut. Governor.
I. BURROUGHS Comptroller.
Mr. Clarke asked for time to put counter aiAdavs, on
the ground that matter introduced In those read
such the value OF the Land and the spreading of yellow
fever. r... .r . ISL. r
Mr. Noyes replied that there was such rule OF law
that when the defendant matter the plain
till entitled ~ put In cnter adavis besides, nohing
had been introduced except what the plaintiff bound
70 anticipate likely 70 arise Tho act which the plaintiff
sought 70 stay appropriated The proceeds Of the
present Quarantine property to the payment OF the eren
dtures, and the presumption on the face Of the act
that the property on the present station was adequate TO
from delay that fact notorous-he very
passage Of the act Itself implied danger.
me cSrrtnwn It'll regard 70 The right 70 put IN new am
tho discretion OF the Judge he thinks necessary thai
new sbdavi@ be put in, he will allow II. In this case dc
not think II necessary; would only cause delay.
Mr. Clarke understood To be recognised rule tina,
where the adayits introduced matter they
20 s s sna oo as
they ought 70 have that right However, he would bo~
70 he Court and proceed The act Of March appointed
permanent Quarantine hospital, and 70 the pre-
sent hospital from It's suaon secondly 10 provide tenn
porary accommodation upon or near Sandy Heck II was
conceded that Commissioners acting under tho
2ist section Of the Now the 9TH section, providing
lowest bidder was applicable to the 2st as wen a. 70 the
other sections II 80, then the Commissioners pro
ceedng in papabe violation Of the spirit and provisions
OF the In giving out the contracts for temporary quar-
antDe after five six days notice, and private contract
TOO. The act WAS obligatory upon them TO put out
u
could safety and properly be done" lie under
stood the counsel 10 assume that these words
threw The subject open to the control OF the
and that they had right dispense with
the mode and form prescribed Ia lhe 9Th section He did
not interpret the spirit Of the act What the object Of
the insertion Of the 9th What evil the Iegis
iure seek guard aanst what line Of duty did they
seek 70 point out TO the Commssionersr evident
that the Legislature intended 10 tie the Commissioners
~ far possible from exercising any discretion which
could prejudice the hts OF the These Commission
intended TO have discretion beyond the sclco
ton OF Quarantine and OF the plans for building and tho
Legislature evidently intended that the should be
put up OF public auction provided In the 0th section
Whyf Because that the best and mort suitable mode
i putting them out il the construction which the counsel
put the 9Th section the legislature might
well have omitted IT altogether. II would be absurd
lie apprehended the duty Of the Court givo such
construction 10 the statute would give force and object
10 H. II the object of the Legislature have tbs
tracts put up ut pubic auction SO AZ 10 protect the public
rghts and prevent tho Commissioners from showing a
vorusm then the duty OF the Court N
put such q construction upon the act ~ tn give
21st seo,ioe under which they were acting simply
powered them N provide temporary accommodation
upon or near sandy Hook" How had The Comms
quines Point lox miles distant from Sandy Hook,
nearly far from sandy Hook the present oaaraatne
station In this, he commended, they vfoaied the spirit
and letter OF the They authorized provide
such accommodation any except upon Saody
Hook Counsel concluded by citing several authorities 10
chow thai any taxpayer might commence an action on
behaf OF himself and other axrayers N restrain public
officers from committing an art thai would work mischief
Mr.. Noyes repied-The first question whether q
general taxpayer Of the state At large could
action against officers appointed by the executive under
act Of The legislature To restrain those occrs from
cutting the law There such In the books the
authorities cited applied 70 city coor.ions In more
than bad reign Of pjuncsons" but IN
Of this description entirely novel nsuoh
apreocdepi this 70 be established there not
single law Of the STATE the execution Of which involved
the expen fiture OF money which citizen OF the ate
who Was taxpayer 70 the amount a ten cents, might
MOI restrain, In his Judgment The judgment Of the
tlc ofc "A o<fiuUf
cisely In accordance with is demands. Could there be
any doubt that the people themselves In their sovereign
capacity could do what being done under the authority
Of the executive In reference 70 the removing Quaran
tine And yet ciusen of the saie In and said he
could restrain the exercise Of this sovereign powcr, be-
he tboght the agents not proceeding strictly
according 70 his Interpretation Of the hv the Commits
sicncrs violated the law, were they NOT liable 70 removal
from onoet There the remedy, and not In restrain
Ing the sovereign viii Of the people, carried out through
the executive. But not 70 dwell UPON this the second
point made The other side, thaf the sxh section
applicable " all The provisions Of the oct, including