New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-20

Mr. VaDderpoe for restc T. westevsit for respondents
The WASHINGTON MARKET BUTCHERS AND TIE BOARD OF
| HEALTH.
John Hoffman and others agt jackson schu and others
Ihs h the suit brought by the Mayor etc. Commissioners
OF th sinking Fund to restrain the Board Of Health from re-
moving the stalls surrounding Washington Market from which
the city Is now deriving considerable The order I'M
stalls are nuisance and obstruction the public and
sidewalk and In the opinion the Board liable lead results
orders their removal On the argument below
by affidavit the obstruction streets the injury
the ventilation Of the main market the filthy condition Of
| the pavement under the stalls.
The butchers brought affidavit after affidavit from among
their number showing that they were long set
and ads TO show the with which the stalls could be
cleaned and the market ventilated independent OF stalls
On that argument Mr. ChiefJustice Ingaham substantially
held that the Board aad not alleged that the stalls cause
Of disease and that their powers did not extend the removal
of nusances detrimental health and granted nune
ton asked for, and the Board appealed
On the arguments yesterday the appellants aged that the
consuiisnaty OF the law they had been
unanimously sustained by the courts that under that act it
was empowered TO determine and declare well order and
direct that the Board had in this fled what
considered legal proof and acted regularly under the statute
and that this being the Courts cannot interfere by nnc
ton or coateray but only by cerorar that under the
second 1896 chap CSC they order the removal
Of distractions to the streets without reference to their
being injurious 70 health not; that the Commission
Of Sinking Fund have title the stalls en-
able them to bring the suit that the stalls on Wes are for
hidden by express statute and that injunction Is not the
proper remedy If the Board are acting ultra
The defendants argue that the plaintiffs trustees and
proper parties that the Board Of Health tribunal Of limited
jurisdiction and show case OF PrDrd aee jurisdiction
Board does not set out such facts that they do that
the stalls in condition or in effect dangerous to life and
health and therefore within the statute which must
be strictly followed is evident that the Board Of Health
proceeded the ground Of the mere obstruction Of the street.
that the words in the and generally the aoatng OF all
nusances do not include this power as they must be inter
preed In reference TO the OF the statute as
nuancos affecting the public heah that their power over
public markets is limited 10 their cleanliness Ventaon ana
draining and the prevention OF the sale OF improper Articles
and similarly 20 streets and that all other power over mar
kes and streets Is vested exclusively in the Common Council
The Court reserved its decision W +. Alien and A. X
Lawrence for plaintiffs Mr. Bliss and Mr. Tracy Tor the board
CHABERs-Before Judge SUTHERLAND.
In the matter OF the petition Of Louise Dumon TOT ap
pntment of guardian &C. for her infant daughter VINO re-
ceyed Legacy from the late Victor Basalon who dled az new
York short time ago unmarried leaving fortune OF more
than million 20 cOlateras
On motion Of Couder Brothers the report Of the referee was
confirmed and the amount Of the legacy viz one hundred
thousand dollars less tar and allowance 10 counsel
ordered to be deposited with the " s. Trust Co.
DEcIsIOSs
By Mr. Justice CLERKR.
Duncan and others sg The Allare Works and others
BY Mr. Justice SUTHERLAND.
Eneke j. Dudden agt Benjamin Decentralization Denied
with costs 10 abide event
discontinue without paving costs within hye days they do
not motion for leave 70 file supplementary answer IS granted
Thomas Hadden agt Patrick McCarey-Motion granted
terms TO be specified on settlement Of order which 10 be set
tied on notice
The People e1 rel John Ranges sgt Charles A Clark
Motion denied without costs
Lars Hsing agt Philadelphia Fire Insurance Company
Motion dismissed with $40 costs by default
Charlotte r Barth agt VIM BaTth-Report confirmed and
Ann Brady agt james D. Brady-Report confirmed and
Judgment divorce granted Custody Of children awarded 10
plaintiff
Mary A. Colt agt County Of Muscstne, &c.-Judgment
dsred on report OF referee. . .. ...t -
Lsynia Morgan act ordered report
SPECIAL TEpi-Before Mr. Justice POTTER. Cd.
Carnan agt PeterJudgment for defendants on the deur
with leave 70 plaintiffs to amend IN " days on payment Of
L1en agt Myers-Judgmen. for plaintiff