The New York herald., 1866-08-28
TIVE CATTLE DRIVING NUISANCE.
The Contest Between the Butchers aud the
Rnard of Health.
corRr oF COMMON rLEas--cnAsBERs.
Before Judge Daily

corRr COMMON rLEas-cnAsBERs.
Before Judge Daily
Auaus1 27.-Char'c, Cooper rs. Me Boord Of Heaih- :
The argument in the cattle driving resumed to
day, Nr James T. Brady and A. r. Lawrence appearing
sor The plaintiff and dr. Tracy for the Board of Health
number Of butchers and drovers Interested The
suit Of the suit were present and heard The argument
with marked attention.
Mr. Lawrence commenced the proceedings BY arguing
she question whether the plaintiff could maintain an
acsion behalf OF all The other butchers in the city.
He claimed that under numerous decisions the plsnn
had the right 10 injunction on behalf OF all the
butchers a. well a. himself Mr. Lawrence then
referred 20 the iilegaliiy and harshness Of the
ordinances OF the Board OF health especially where they
violated 10 the driving Of cattle through the of the
ciy, and claimed that their enforcement would be ruin
10 large aud respectable BODY OF citizens. The
constitution Of the state OF New York guaranteed 10
every citizen the security OF life and property and
undcr the sixth sectcn OF article one, no one could De
deprived Of hts properly without due process OF law.
The determination OF the Board OF Health "a 20 what
nuisance deprived the plaintiff Of his property
without due process Of law Them orders were founded
en- r parc statements and the parties proceeded against
had no opportunity 10 be heard. The counse then
referred ~ the arbitrary conduct OF tho Board OF
Health, and said legislative body unknown un-
der the consultation They claimed TO exercise not only
legislative powers but executive powers also NON thc
constitution provides that the lie yislaure shall not con.
fer legislative power upon bodies except corporations
sha boards ol Snpefvsors ihefeorc ,ne law ,ies r,
ihe Board % Heath was unconstitutional and voi Inen
the Board Of Health claimed 10 have judicial power
which direct violation OF the sixth article OIL
fhe cvnsi tuition The powers vested IN this Board were
higher than those vested IN the supreme Court There
wa no appeal from any o thor decisions aud no reno
dy any nJuscc they might perpolrate upon citizens
1hs constitution also provided that all pubic officers
endowed with judicial powers should be elected by the
people The Board OF Health appointed 70 onlce
b. lie Governor and not IN the manner prescribed by
article SIX section eighteen OF the consttuton and
therotore all their acts were Illegal and void Inc
decision vi Irdee Ingraham in the WASHINGTON Market
quoted w the counsel in support OF his argu.
mert The counsel then referred 70 the aifda'its
read by the opposing counsel ON the previous days
Argument and said they got up with unusual
diligence care lhcse aidavits showed that during
the pact thrcc years twelve pcrons we're Killed Or
injured BY cattle driving during thN period
l7oO0o0 cattle driven through the streets ana YET
but twelve persons killed or injured How was
with our city railroads. Did tho Board OF Health inter
Zero With thcse corporations Ia their destruction OF nu
man Mc No, indeed The records snow tnat during
ho year lho3 seventeen persons were Killed or narea %
enc lhra Avenue Railroad on the Eighth Avenue hali
ivau' nne on the Ceatral Park or Belt roah nnei on
~ bfeaaNey and seventh avenue roah, one on the
second street road, four; on the Ninth avenue
roaa iour Ionl numOer OF forty four, or four
Inet s many as the whole number Of accidents from
satue nrvlng lot The last three years Why not inter
Ioe with INC railroads well a. the butchesS '
They might DO - with equal propriety as
FAR - the Legality ~ the thug concerned In con.
ciuTos the counsel asked ha, the injunction against the
Board Of Health be Allowed 70 remain in force 80 that
the plaintiff might carry on his business without inter-
rupton
Mr Tracy in cloalng ,he arsumen, said this was the
fourth ame be had been cad upon 70 defend the con