New-York daily tribune., 1858-10-29
LAW LNIELLIGENCE.
INJUNCTION ASKED FOR AG iINSr THE
ERECTION OF THE BUILDINGS Al QUAR-
ANIME

ANIME.
Ii has been intima,ei that an application would be
made for an INJUNCTION restraining III" Commissioners Of
Emigration frum proceeding with the buildings upon
the old site Notice has lergth been given by the
Castleton Board of Health, ami the complain, filed in
cue form ~ follows:
NOTICE.
SUPRrNE CouRr. RICHMOND CoU>Ir.-Rehari
Christopher. 1eodorr Freau, Alex. r. " a'son, Cha>
). Deforest and Philpo Wolfe AFT. The Commission
ers OF Emigration. To the aboye-named deteudatiS
Please take noticetaat upon the summons ann COM
plant in this action, shall move this Court, al a
special term thereof to b. held al the tty Hal. IN
the City of Brooklyn. the first day OF November,
l>.S az the Opening Of the Court on that day ot rs
thereafter a. counsel can he heard. for an order
ei joining and restraining the defendants as prayed Tor
in the sad complaint. until the fnal hearing OF ths
cause and for such other AMI further het a. may
seem meet and ju-t to this Court. Dated New-tork,
Oct. - ls,S. lours. &c,
BRIEEN n DE COSrAR, Psriiis Attorney.
COMPLAINT:
SrVRENE CoURT-RICHNoND CoUNrN.-The same
parties agt. The Commissioners OF Emigration -
Richard Christopher, Theo. Freau, Az w atson, Cha
:. DE forest ana Puilpo Wolfe residents of the IoSn-
ship Of Ca,tleton in the County OF Richmond IN their
own behalf and in half of ali other residents Of thc
Township If Castleton who may be similarly inter
ested in the matters herein stated complain Of the
Commissioners "i Emigration who by that title wen
ouy inoorPorate 81 BY act Ot te Legislature OF the
State of Newly Jgk.
We give the substance Of the docrment, a folo~s
And these plaintiffs say that in the year l. ., an
act of the Leg .lature Of the State Of Newly lork
passed to amend al act entitled An Act to provide
against infectious and pestleutal diseases by vac
tue of which directed that aud should BE- taken
upon the eastern shore Of Staten Island FOR Marine
Hospital that the said land was taken by appraisal
and IN opposition to the viii ot the inhabitants who
were then few IN number, the ueghborhood bcing
sparsely settled.
The complaint also sets forth that the Commission
lfap. .
the Quarantine grounds, agents Of the State; that
since this time they have continued III the possess n
and of the IN ttuton, which has been used Tor
Hospital purposes for the imported sick that on the
night Of the % day If September said o-pitals ard
other buildings on the Quarantine grounds were de-
stroyed by fire. The complaint further states that in
799 the town Of Casteton did not contain over 100
inhabitants that the adjacent shore Of Long Island
in ratio thuly populated that IN 1850 the SAID
township of Castetcn had Increased to 3 600 or 1903
and that the adjacent shores of Long l,aud had in
creased still more rapidy IL ulther states that in
1911 twelve years after the establishment Of che in.
stuon, there only six seven houses within q
mile distant from IT, and that four Of those were used
MS boarding houses for persons connected with the
Marine Hospital; that at the present time, several
thousand persous reside within the circuit snd
many oithen very near the institution.
The complaint further sets forth that IN l'yJ the
locality was seized upon as an isolated spot: that
since its establishment institution families had
focked to the neghborhood and settled there, well
az the adjacent shores OF Long Island that the
isolation that formerly existed does not exist now
Ii also states that this crowding aud settling around
the hospitals is dangerous to the pubic health tna
since the year 1885, many of the inhabitants, who
made the vicinity of the Marine Hospital their resi-
dences, have nom time to time -lckened OF yellow
fever and other infectious di-eaes that in 1886 while
only g2 cases of yellow fever taken from on ship
board aud carried into the hospital, several hundred
cases occurred outside aud iu the vicinity before
alluded to- and that III the oIVion oithe complanants
such cases ser. owing to 1 insufficient isolation Of
the present quarantine establishment.
IL further states that the Inhabitants who have thus
taken up their residence IN the vicinity OF the hosp
tails and other parts Of the port, petoned the Lgis-
ature in 1886 pass act for the removal CT Quar-
antine and that such PRAYER was heard an aet was
passed, ample appropriations were made, ana Com
missioners appointed to carry out the provisions OF
the law.
II further saws that tie Commissioners under id
act with the consent of the State officers, have becn
ana now are, engaged with he view Of removing
Qur1autlne.
The complain. further sets torth that the Commis-
sioners of Emigration since the destruction Of the
buildings. have erected temporary hospitals which are
sufficient for the protection of the sick and OF thu ON
ployees tor the comirg Winter, or until permanent
ones can be structed elsewhere site to be pro-
cured BY tue Quarantine Commissioners.
They further say and complain, that notwithstand-
ing the passage OF the act tor removal, ana the TACT
tha- the Quarantine Commissioners are hard at work
at the project of reuoyr the hospitals to arks IN the
RaIitan Bay, the Conmis soners of Emigration, ney
ertheless are busiy engaged in constructing numer
,,s ond Io~oe bn.ar..,.3s and other buildings uPon
cJ,:~- =. stone, snd with covering or slate,
80 tie Appearance Of permanent siructurss; and be-
side that they about 10 build suitable residences
for the physlcaD houses for the employees wbarves
and be- at house and other structures suabls ia al
respects fra permanent quarantine.
The complaints further allege that tbs Commission
ers OF Emigration have no legal authority 10 recon
struot such accommodation for the sick, 0nd that in
doing so they aing again dangerous nuisance
in te township Of Cast.tou which will threaten tho
live. Of the inhabitaLts thereof.
They fually alec that they are the principal
officers of the country township Of CasetOn; that by
law they constituted, az their own call Il Board Of
Health of said town; that said Board they have
aontrated agan-t the erection ct SAID Hospitals and
given !. a. their oB ;non thu. they would be nuisauces
in said township and dangerous ~ the lives Of the in
Commissioners OF Migration, regardless Of the
opinions of the sed Board OF Health persistrg Ia
erecting brick Hosk .als and other permanent build
ings in the old Quarantine u. I.c sasd Board of
Health therefore, ask that the said Commissioners be
epioned from further proceedings 10 the premises,
until The further orer Of the Court.
The complaint couoluiies with the usual verifying
affidavit by Alex. b. Watson.
SUPREME cor tRr-CHaNBERs-Ocr p. B fore Judge
lNGRAHAM.
RFFFRFHs' FEEs-PRACIICE.
Richmond sgt. Hamilton aud Howlaid.
Thf case re ferred to a teree who reported in
Of tendans They refused to iako The report on
Of the sncunt charged by -eIee for ms ieo
Thsx r.idh him and 81 he he