New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-08-28
LAW INTELLIGENCE.


TTIH BUTCHERS RIGHTS AS AGAINST THE PEOPLE
CATTLE DRIVING IN THB STREETS.
The case OF Cooper agt. Jackson ,. schultz ana
others previously reported in IRE TRIBUNE came up yesef-
dsy before Judge DAILY q tie Court Of Common Pleas 1t
the Board Of Health from interfering with then business
hr Lawrence. J. on behalf OF the butchers argued
that this action rightly behalf Of al the butch
they having community ofHterest he argued that the
ct creating the Board was as being IN con
hs Steto shall be dsfaDehised deprived OF Of the
rights OF privileges secured TO any citizen thereof unless by
the law Of the land the gmen Of his peers" and that
no person shall be deprived II life liberty aud property with
Out process law nor shall private property be taken for
pOrle uses without compensation He discussed at length the
meaning Of The law of the land and due process law dc
stroy any building which they may regard as nuisance
eODirr to these articles He further thai third
nay confer on the Boards Of the IS Of local
LEGISLATION prohibited by implication the Legislature from CON
Constitution ID providing that Inferior local courts OF civil
and criminal jursdcton may be established BY the Legsa
t9re IN ce and such eour except FOR the cities OF New
York and Buffalo, shah hive uniform organization and nrs
dieon sneh cities rendered null this act which made the
gave it powers extending beyond New York whole
BoarS On 40, ~ oS tSe mep il ws not an in
% court but one with powers more extensive than t5e gu
preme Court Further that the Constitution provided that
Judicial officers shall be elected while the Board OF Health is
appointed "1spG :. ,...,,,,o,., n. uou.,, q, ~.
Board Of Health confined to matters which are purely
SsDa aud do not exeud to matters which are the subjects
Of municipal legislation.
The Board have power under the creating it, 20 pass
e ordinances set forth in the complaint The Board are a1
deem advisable harmony with the provisions and pur
poses Of the act aud not inconsistent with the constitution
The driving cattle the plaintiffs aim,
DO alleged TO be nuisance which affects the public health or
life few OF accidents arising therefom might be DIS
adavits from 1868 to ls66 ~ just four year. During
The last years 9 cattle driven through the
streets OF NewYOrk, nearly quarter OF million year. and
yet they could show bat four accidents year from It, ANY
argument to prove such business within the meaning OF tae
The Third-ave in year alone had injured killed
a. he would not hesitate to assert that more persons
ne %
Further tbs Board Of Health Is only authorized pass
snen Ordinances inconsistent With the laws Of the
Eaie Tho charter Of the City Of New Yort vests the right
establish markets 10 the Corporation end supervision In
The Superintendent OF Markets The phntf had been dpy
licensed 70 carry the business of saugheTng and selling
meats To require further permits would be in violation Of
his rights The Of municipal regulation and
BY fair Interpretation Of theaet be considered lodged
The which had in Board
subject TO Judicial control in the exercise Of their
powers erroneous The true rule judiciay de-
caed that their powers must be exercised IN subodnston
Judicial authority Of the state and subject 10 be
superseded and held in abeyaDee by the order OF court hav
ing jurisdiction Of the subject whenever the principle facts
xhea us exercise depends are put IN con % nhe c
uenee IN ms case SHOWS e0ncnsV tnat he business o. e
plaintiff andhe other butchers Is not nuisance aud al toe
allegations OF the defendants to that effect denied The
the can be disposed Of by trial
represented his views and made no further argument.
Mr. Tracy for the defendants replied arguing tha Tie con
had The courts paid any attention to the against
ali again. The point which raised about the
suoBal provision for Supervisors he had answered before
IL simply tackled TO former provision TO give
Of general legislation 20 Supervisors IN local matters
which had been doubted before Boards Of Health had
all Of this State and had had
power pass ordinances One Of the in Albany had
been decided against Board Of Health the ground that
they had not proceeded by ordinance.
hr Brady-Do you mean 10 that the Board might make
ordinance prohibiting bands Of music from paradng the
They often frig ten animals and cause accidents
and be decided nuisance Or they might take Excise
and do away with the necessity Of an Excise Board
o a similar ground.
Mr. Tracy argued that he not there defend what they
might do the limits Of their He merely
spoke they bad done An sanitary ordinances
municipal ordinances. There distinction this ground
and he act had been especially amended 20 enable them
tc prevent accidents.
The Court having engagement at this hour the ooneu
sion Of Mr. Tacy argument deferred 10 this morning