New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-06-30
LAW INTEhLIGENCE.
SUPREME CoURT-cnawgEs-JuSE 27.-Bes1e Justice
Ingraham.

TUB BUTCHERS AND THE HEALTH BOARD.
John Hoffman, Mayor AZ Jackson Schultz aud others
The argument in this case continued this morn
Ing Judge Allen argued partly from his points and
partly from MIR Lawrence In substance as follows The SKID
ar ce Of the Consultation prescrbes the ORGANIZATION OF the
judicial branch OF the Government and provides that INFERIOR
local civil and criminal Jurisdiction may be esta0
tie cities Of EeW.York and Bufaoshal have uniform
organization and jurisdiction In such cities The power OF
,.s,rco. or no nuisance gain the power TO determine
whether there any violation resistance by any
sc warrant Tor the arrest OF such persons judicial
liver of The greatest and mghcst character involving
Il does the liberty the citizen. Besides the Legature
in order that there should be doubt the Judicial
and Of the Board has IN the 3st section
Of the act declared that tho action proceedings,
authority and orders of said Board shall at all
times regarded their nature judicial and be treated a.
Da aei just and legal Now conceive that tho Legs,
compel individuals % submit their property rights end
priv lges as citizens to its control cine Fs9ps ag the
MayoT,etc.. ~ Barbour a9y Inc Board o. heA IL n9
local court constituted by the Act in question It's urisdc
ton confined City of New York or Brooklyn but
extends all over the metropolitan District neitGer - an
court No appeal given by the Act on rs decisions
And II even would lie 70 the Board there would
DO no opp unity TO revive occasions upon inc erls ING
powers Board extensive than those OF the
he matters subjected control by the Act But in the
place. the Legislature has power TO confer Judicial
functions Board OF Heaheyen II the BOARD can be
Cnrt ~ civil and criminal iursdietou and as being es
tabshed ciythen by the 18th section OF the 9th
article of the Constitution eli judicial officers OF cities and
villages suoh judicial officers may be created by law
therein shall be elected such times and in such
lie NAV direct The Commissioners appointed
M the Governor Senate in defiance Of this provision The
case The Village Corning IS N 2SI is not
adverse this view H. that case the Court held that the
Legislature might inferior tribunals for villages 1t did
hold the Legislature could appoint such officers but
cOul Of such power the Board
Health cOgBtes Indeed tue reasoning OF Judge
Denied In that goes FAR TO show that the Legislature could
not constitute suoh court as the Board Of Healto
The oct breaks the local divisions Of the State reccg
nsed by the Constitution 1t coniers body unknown
legislative authority part OF the
State erecting part into distinct local organization for
this special purpose In most OF the matters before them they
legislative capacity. They not confined TO admin
cring by the Legislature executing the
sanitary regulations OF the State local sliures Dat make
laws and regulations which they enforce. -.
The Legislature cannot confer any body OF men tle re
destroy the property Of individuals Nusances may oe
sary but necessity must DO shown in lustncaon IN sc
ons brought But the Board OF Health mas no more rgt
under that than private citizen. Due process Oh u" "
which only person may be deprived OF ais properly
trial according 10 the course OF the common law anu NOT V
legislation. ,,. ,,,.,
ina whole power Of the Board restricted 10 dealing with
matters affecting the Health OF the community Their powers
are strictly sanitary their character Nusances not
affecting the public health without their ufisdeon
Their powers do not removing distractions
The stands and stalls only nuisance nasnucn as tIey
are distractions 20 tao streets -, A., - -, a..
The whole subject Of markets. &C.. and the care OF the
streets h committed the City authorities who alone have
power 10 act 10 the premises II the Board OF Health have
stands io quest on built by the city for the benefit Of the
Sinking and cannot be removed by eter OF the Board
Mlrks Tor The sale OF meats &C. not instances per a.
ana o papers that they not Esance ID mo
manner u they kept and occupied Ihedeienfints
st0 spread record llll proofs or to evidence
m Which tfJ ao.ed tho Court that they had az least
cooIaDls ground tV proceeding " desire! sAs ISab'