New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-06-09
THE QUARANTINE DAMAGES.

The Commissioners on gagged in the investigation of
the damages at Quarantine met at MIR. Sweeney
office, in Wall street yesterday, and proceeded Win
the examination Of claims.
Mr. JOHNSON presented the claim of Lewis Hanson
who beng sworn, testified that he was an orderly IN
the small pox ward Quarantine in s5s; most OF his
personal effects destroyed; he lost complete
suit of black eohe nearly neW pair Of pistols worn en-
,vn hal, som.w hat worn worth ~ 80: four shirts rs
handkerchief drawers stockings Sc he also lost boz OF
sSt Language There was also a et Of domnoes there
lot articles belonging to lis wife, thee tide: worth Ss four
ne% = liz night GOWNS Is; thee pairs drawers 81
% Ta Bil sR s5os S & n n were all
tine at the time Of the ire get some Of them ater the ne
to ai@
claim of Jane. oRourke next presented amounting
james OROmke being sworn testified that he was esrpea
G a. H.. ~ 20 o" eo i ns 25 one "kms glass
y so wsTdrobe, ~ damage to fntuI. and cafpt -
mahogany cedar boards SO three weeks boarding and ods
ing consequence having place to board inside tue wall.
TOOLS 42s
Mr. Bradley sad he bad no questions to put to the
Witness but the Board would understand that the Item
for board and lodging would remain subject to their OBJ
jectioDs az another time. .
Mir. johnson then proceeded TO answer the obJec-
ton which Mr.. Bradley raised yesterday III reference
TO consequential damages lie sid that he had be IN
given 10 uDd, rstand that the permit held by Capt.
Nelson TO ply with bis steamboat between Vessels al
anchor to the dock at Quarantine negotiated sub
iect 70 requirements OF the Quarantine Laws. lie
said that the point Of difference between MN ana Mr..
Bradley reference TO the Interpretation Of the
act Of The Legislature creating tip' cOni'nrsloD lie
said that il was necessary sometimes 10 go beyond the
language of the statute, and " hat were the motives
or the reasons upon which the necessity Of the law
might have been Get forth. He contenied that the
Legislature possessed the power 20 delegate 10 any
body authority determine the validity Of any claim
presented He then proceeded to liy down series Of
points upon which he founded the claim OF Capt Nell
SON. Tbe principle of mutual obligation be-
tween the State and the individual, lay at the
base of county and cy, az well a. State or
CARNATIONS Ia fact, cities and counties are bodies
Iolic possessing certain rights and powers delegated
10 them 10y the sovereign power of the State IN order To
enable The State The better 10 discharge lis duties to
the individual members OF the Government. Inc
State having deegicd to cities and counties the power
and neans of preserving the peace, ard protecting the
c,rizens from injury obligation protecting the eiti-
from njuy, an obligation 10 exercise that power
thus created on the part OF the city or couaty 70
ward the citizens, and breach of IN obligation,
working wrong or los 10 a citizen Is an innry Tor
which the party ipfc'ing the injury ought 10 make
compensatiOn He continued al some length, citiug
NUMEROUS authorities and precedens, which, he argued
sustained him In the ground which he had assumed
In reference to consequential damages, he must ssne
that the Legislature intended the broadcast application
of tie asio protect all sufferers who we've held
under certain obligations, and who, while they were
not released from the obligations of contract We're
nevertheless subject certain losses consequent upon
the obligation, and the loss in anticipated profits.
Mr. BB ,DLEY responded and proceeded on the pro-
position that the classes Of sufferers claimants
two-lst, the class who own property; ID the class
who suffer damages by of the destruction OF the
properly. He denied that the art constituting thai
commission supplementary 10 the riot act OF 1902
The Legislature had never undertaken To punish Rich
mond County for any riot which may have aken place
He siid Capt. Nelson had rights IT. the harbor, but
none inside the Quarantine grounds.
Judge BIRDsEY replied III vindci.ton Of the rights
10 proceed with the examination of Capt. Nelson, IN
ref. renee 10 hs claim for damages.
The Commissioners then agreed % reserve their de-
cs'op iill neNt Wednesday morning az 10 clock, to
which time lley adjonrnd.