The New York herald., 1866-07-20
TINE FAT BOILING NUISANCE.
Court Of Common Pleas-C Chambers.
Before Judge Brady

Court Ot Common flems-SnumUeras
Before Judge Brady
JuLY 1o-Rrry Wsel and Fsix WieI vs TIE BoayS @
HeaAA This was . motion TO make pcrman snt in.
junction restraining tho Board Of Health from n,erfer
ing with the business OF the complainsnts at No 81
Abatoir place Thirty ninth street, Tenth avenue
Mr. wlcoxson counsel for the plaintiffs said the CON-
plant showed that his clients had been business st
the mentioned place for the last two years. that
they had invested 81 500 . business which had been
carried In New York long as tho city existed that
despotc the part Of the Board Of Health tosst
down the paintiss place Of business nuisance and
that II they were permitted suppress the establish
ment OF the plantir would lead tho ruin OF their
busincss Tho counsel had in his possession large
number OF countsr adsvs going show that therews
really bad smell from the painis establishment,
which he wished 70 submit 10 the Court.
Mr. Bliss counsel for tbs Board Of Health, objected 70
the introduction Of any new affdavits
Judge Brady-I have previously dscded In the Of
Powell Clark that additional aidavits could not be
.eS will 'ss Ss sS,
the eject that they regarded the place Of the plain
this nuisance highly prciudica 70 the health q the
community Several physicisns among the r-st Drs
Morris Emerson and James, had examined the premises
and they were unanimous In their opinion ~ 10 tho
unhealthy character Of the business and
Mr. wiconson then proceeded with his snumena,
taking the ground that tho Law under which the Board q
Health acted Unconstitutional and that in suppress
ing the plaintis business they were acting illegally and
contrary the spirit of the constitution His argumcnt
y
before Judge McCunn days In concinsioa the
counsel referred Honor TO the late decision q Judge
Ingraham the Washington Market case and claimed
that the Anaiogous
Mr. Bliss reply saad that clear case wss mAse out
against the piaintrs There wss abundant aud over.
wheming proof thai the fat boiling business carried on
by the paintins nuisance highly dangerous 10
health ff the Board Of Health had not the power to
suppress such dan nuisance - this, what wsrc
| they 10 dos The plaintiffs this case had been
1 notified a. far back last March that they
would havs 10 abate the nusaDcs, but they
have continued 10 conduct their business IN
the same old way, regardless of the law and ths
health of the community Complaints bad beeu
made from all quarters In reference 20 this establish
ment and unless u suppressed the health OF tho
| community would be seriously Affected
Mr. wlcoxson wished 70 call his Hooors attention u
the afdavits which be had decided 10 exclude II va~
unfa the Board OF Health should be allowed TO pu
in adavits showing that tho plAntis place Of busi-
| ness was a nuisance when the plaintiffs shut %
| from producing counter sfhdsvts
| Judge Brady-N withsssnding the nSs annonncet
in its columns that favor of the fat boiling bus
| ness I wish u 70 be underwood that there II no ons
| more opposed 20 u than am II my duty Iudi
cia oicer TO issue temporary Injunction against tn
Beard of Health von the papers presented 70 me but
do-r not follow from that that necessarily in fsvo
OF protecting what may out 10 be dangerous nuts
ance ~n look over the papers In this case and req
| der . decision Al an early day.