New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-06-28
LAW INTELLIGENCE.
SUPERIOR COURI-SPRCIM tenn JUMP 27.Hefors
Justice MCgUNS.
THE BOARD or HEALTH AND THE LIME KlLSs.

SUPERIOR COURT-sPFcM TENN JUNE 27.-neiors
Justice McCUNS
THE BOARD or HEALTH AND THE LIME KLINE.
Reynolds agt Schultz.
Mr.. Carter this morning commenced his argument
IN this lie claimed that the sections giving genera
powers Of removal OF what they might consider nusances
nd IL entering all bnidnes without warrant oath were
wholly unconstitutional In no case could yon enter house
without oath warrant But by this act the inspectors or
officers could enter without let hndefanc by night or day
devised by the Board IL was well 10 make the cohss'sIs
oi a badge giving such powers m.sdeneanOr. A.. ..
Then The act provided punshments for disoedence 10
whatever orders il might please to give. Ihen another sec
ton tried 10 make the Board q coutt 80 49,
the does define the duties Of tie ct,ef
except obey the orders OF the Bosrd II does not cav what
business they not to or Tic manner Of DONG
r. They simply 10 await the order OF the Board shd e
powers OF extend everything They may pull down
mans house his head empty bis warehouse 10 anynK
what Kind OF view Of the Constitution dd The trainers fns
There have always been two theories OF ia~ IN
force bis win The second in view ot the imposohy
II finding such depFiTes tho magsrl.e Of all pgeT,
sLd makes him tho minister Of The law Which Was rho
best counsel not called on to decide
rad adopted either absolaey bn tae leading and
nndamena idea " Engsh and American Coye-nmentsGas
oflav and not OF men Groa, men had adapled
latter in theory but 10 practice none so thoroughly as the
trainers of this law Under our syseu OF Golernmea toere
three branches Of Government the Legislative Judicial
and Ministerial check az each other.
Under tho Absolute system these three united in ore
f ne blessing curse % IL subjects according 10 the VIII
of The ruler This Law sdop this absolute doctrine in thu
most absolute The law does not declare what f
Nuisance II does not add ioa 10 the Legislature OF t-
Stae in that respect but the Legislature abancons is nnc
dction Of nine persons Ths body, is msde eIeSa
tive body empowering them appoint their agents and
execute gr DEGREES Had stepped there their scSoc
night have been reviewed by the judicial power bnt the act
inakes them ht!o court aud commits oGr physicians
four policemen aud othar questions OF the grsyet IN
poranco which have hitherto exercised the highest Judicial
maids Of ths State and County There constituted acour
In which n-y nopowor Of the defendant TO sum
his witnesses right 60 be confronted With rtness
no h sop the act violated the CHER purpose
~ the Constitution to divide these pover this little Court
is intended to he place FOR hearing the Questions sdc,ay
then these decisions odjseicafa and hns the near
directed only Intended inform the mind OF TIE Hoard
than il Judicial SCI. though the ststrte declares
al their, aes judicial IL Is not court then u IL
monsros power in tho hands Of this Board TO take
property without due Process Law, bringing 10 direct
ho, with the provision Of the Constitution that citizen
sha deprived fl liberty or property without doe pro-
cess ofls-S Mr. Carter cited several authorities TO skos
that these words regular Judicial proceeding accord
ing Of the lew The l4h section OF The Act
n Will be seen at authorizes this Board TO destroy
property without OF those iofmses OF action suit trial
Judgment understood 20 constitute OF
law IN this not unconstitutional then commission
ght be issued authorizing the hanging of whom the
commission might Aink guilty 0f murder The right 81
property olemny aud ssoredy secured under the Con
stitntion life itself
IL may that nuisance be property and that
destroying pubo nuancss they destroying proper
~ But the does authorize them nusnces
but what the Board deem n1saLces they angels
they sometimes make mistakes and what the roned
An act public without oolec
but law before this has given tho authority 70 re-
move not what nuaness ia fact but what they mgat
deem nuisances
il may be said that this "a legislative declsrationthat
vhsssVez tho Board mJ thiDk nuisance nassaoa N