New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-06-28
~, . legislative bat o judiciA

by the gours G1 tS s ndeoendeace OF the judicial power
is uneOns that the action Of the Board in the bearing
maze IL a conrI under the law Then. SUI more
ceuse 10 them take property "lthout uss nst have
court must be mparIiay cousulu.eu nv ,ro ~ these
proseentor and defendant and judge ana 10 w" Ssns
can be fled by the person see2h1 Tbe Iii mus
nreeese e ,be Ssnen FOURTH must be ja %Ssr
tue jury Les before been matter OF rsnL t him SsIIb
must be confronted by the two witnesses esDss and
Ordinary roles must be observed and witnesses
seventh. The defendant must have coz Tie Board IL
accuser and Judge BY the very terms OF tne &C. attsr
must have been come to before the hearing 'n'' ""
The second requirement Is that there must DO some process
notice give jurisdiction Of the person OK suns
by this three Bgencies are necessary 70 % nst
notice to DO served. They must be IA tue ee 9be abb
be found and the service must be excuse tho
service. Ire may know OF az order M
h house coming down his when it will oe 100 a.
for him 20 obtain hearing and this in strict conformity WI"
the statute. IL that due process OF law , -, a..
pain in ibis case and claimed does help the nal
ter The PPer which served PrPOs s to De srs be
may be heard tho third point the Judgment preceu
here the trial. The order Is made declaring the tGios
sance and directing It's removal before he obtains
In in which the trial By jury as used at tne ~
ton Ct the state Government the right 10 tr BY la
tanned Now at tie formation Of tue Go'eInneDs u ~ ~
adoption OF the Constitution OF 1916 nuisance coud not
absted udicay without trial by qry Inere Is ~ 'n"A
The G Snt las aTayS been regarded fundamental te
the idea ol Court since Magma Charta IN Enslna 800
America Now, the complaint on when t3s usSase' ,ss.
Board arc moi required be an OATH The mere hes
Il malice uasganed By even an eda' %aT no 70 nsr
mitted the proofs which have been MED swsy WIN ~
BOARD He IS not permitted 10 know who his aecuefs ae
This covers the sixth point But seventh ne saDO' Ia
compulsory process 10 produce us own Ni'nsss Nm
Board have Unlimited powers 10 obtain evidence puI tue M
10 appear Whoever heard Of Court without subpenat
TIE destruction OF property consists In depTiYing the oHp
Of M use equally with A. absolute destruction In thsvey
sole value Of he shells consists IN Their oens =. u
ysaeies II would be mere mocSery II the Board sfter
dumping these shells from pier were 70 say we nave n'
There seems to have idea among the trainers Of nn
act that there a power beyond the Consultation wniss
could evoked 10 public emergencies But on tDa tss
Constitution must speak for itself aud II contains no PRIV
vision for its upensoo II vas Intended to me
ton OF private rights and they n sucG Danger Is -
tes o. fe o0 - law where ia Is the single
ore Of foreign invasion and domestic insurrsetion 90
In that the hfe Of ms st snd ito cOnrutica
itsen demands It's Suspension But such reason aud mo-
compare evils the pestence tho worst vii sweep
away lives; bat the Engshman and American have
died IN our constructions 70 lie Itself Ard let it be remem
Ier5 ss, il the law may be violated in respect to
rIv nndef terror OF pcstienee might tho Board DO
authorized 70 ts .srs., n tho streets and shoot them
Not ONLY Gre some Jvson1 isis act 1Do6nstutonaI bos
the whole scheme is unconstitutional aud Invalid Wners
some clauses OF oa act are nneonstii1ons tney sJ ~
the Unconstitutional portion sIees The Whole schee aa teoss
falling the whole must fail then the whole se' must Do h~
Mr. Carter then discussed tie particular q VT R-
nods. IL this clear ease u nuisance possby toe
might interfere protection,
produced cloud Of witnesses TO hos that TIE kns ee noe
offensive injurious 10 health Il true thai isey nea pro
smell but they had carefully suppressed important fe.
Wiain block the Manhattan Gss WORKS polns9
.tencS %ben the Fast vino bg Tley we might with
oense In the neghborhoed and yet MI leynoiob as
Mr. Garter compared the Law Of Ensllnd reference g
the subject with our OWL and pointed ou' thai p0a'a
Mr. Bliss then read the point. bosf Of the Board a
Health 10 these he contended iha, tie Board OF heas.
he reached by the injunction. and eted numerous
cases where the supreme Court had refused to iaeere via
tho action Of subordinate i1risd eticns lilo, ,..x
Even il the Board Of Health erred IN their seuon tsy
oniy committing ordirary tespass ue IeeoJ &
which law, and an Injunction sil not he
g. Nor assuming the Board Ia wrong tie ineao-
ton DO any Otker ground such irrepssb In
But the proceedings o. the Bosrd q Health were strictly
regular. and concerned y the law cre1tns H. - 49,.
The decision Of the Board Of Heath was one which tns
Cont must sag is correct. Sixteen siayts presented On
behalf Of the plaintiff. -Four OF the alan make ther a
This is met BY numerous adays OF gates residing 10 tos
ry came his Office to make aidsyts against tne paSe
whom DO lad informed that be had uoent 10 rese1 70 the
Coart mekn is spoken Of iu Fish g, Dodge as noton-
ousy nuisance, and in other case are de'cs'ed -
G. The as.s appointing IL. Bolrd ara cOs,ituona tbs
Law Of 1850 the M broad the present Get and
has been the subject OF Judicial decision AID s constitution
atty never doubted.
Nor dses the action Of the BoaId affect the property u
the 9lsnif IN any forbidden by The Constitution In
his connection be referred to The WsnebsEer case and the
Burial cases.
g. Erea II in some respects che sg should be held to b.
unconstitutional, it clearly q whole, Sor in its
pucaton doyeoped in tins There no question "a
property nytLng KIND The plaintiff bad Ee:ioe by
what in substance order show cause It ives served
on him personally! He called upon the aen1 Of me Boara
with ference 70 IT, and the order as finally made simply re-
ques hH alter hs mode OF condneng n, business ax
il shall be nuisance. Hi clam here Is barely ana Simply
that he shat not be intesefea Win Ia maI' aiming h
Mr. ysrderpoelThi. institution that the Board hsvs
demne ia an institution which has and
again declared Had me case occurred le,weea
py ne individual aud Mr. Reynolds the Court would hardy
tayepeuBte oaeha the athday here reni TO BE- read WITH
out stopping them aud holding nuisance A heaIe bosfe
Heath ,ystens his State The Board had 1oertan quss
udcia voger had every Board ~ the county Inc caa
commissioners Police Board every es q nos \. ~
years Did not the Police Act give the Board Judicial powiss
No act vas ever hoty contested It's constituonay
man hat and had there anything this pon: coSd
scarcely been oVerloosed he cited case Con yh en-
out Jury conclusive 70 the question Nuisance o. .
nuisance under tie Act OF lee ms Act OF lss
broad as the present Health sw and the Court then l sos
tanned as powers that must be Somewhere to provide sf
The number oi new made graves Qnarsnins warns o.
that a terrible pestauee is threatening by meronp
Providence that has been so fsf waIded from u.s. 10 gest
measure through ths perhaps acts Of this Boedez
treme acts ba. all faly warranted by the present eircsm-
Stances Here thing declared BY the inst medical an
fborte an injury 20 health aud declared by or own com
sense and nv friend that shall be driven to %
tedious process which have already seen so much o.
Carter 70 he Hoard being Court The Board possibly
prosecutor Judgenot more so than tue Board u foes
oneSton of nuisance jury trials The order
directing the sbaBg Of nlisence served with the mss
notice Did an order Of arrest made pGr prevent the
Jnsge from beiug impsrss Was bis Houors mind biased
because lac had granted preliminary Injunction The aes
% Tor Of notice. The word proof awsys
sant evidence oath The right of search vas but The
same as the rotor other Boards exercised without obeo
op The LEGISLATURE have power delegate muDcipsA
bodies the power decers wha, san be nuisanoes -
declared agsin and again.
an the facts there clear against Nj Reynolds and
Il h ms duty 10 submit the order but that part belongs -
NJ Tracy and shall leave that 20 him.
The cass va. tten adjourned 20 to-day, at 1910 a. "a
81 PREME COURT-ChAaaEgs-JUSI E.-Beiors Jastiss
BAkNAll.