The New York herald., 1866-08-24


The Butchers slaughter Houses Nui-
sances &c.
coMMoN
Before Judge Daily.
AUa % Charts Cooper and cno,hcr The Board cf
Tsa,1--Plaintiis in this butchers. and keep
their slaughter house at No 204 Erdgc street, in this
city. An injunction originally granted restraining
Board of Health from interfering with the business
of ali butchers which afterwards modified as TO
apply only the plaintiffs in the present action To-
day a motion was made " vacate the injunction. Mr.
Tracy appeared for the Board OF Health and Iessrs
James +. Brady and A. r. Lawrence for the plaintiffs
The compliant on which the injunction granted is
vonmp0us II sets forth the occupation of plain
ts and the grounds which they apply for RESTRAIN.
ing document Plaintiffs complain that they
strained from driving cattle through the certain
hours o. mo day. viz one honr after sunrise and pre-
20 niue o'clock ut night and tnat the Board have
threatened to remove their slaughter houses This
teir business; tha. they have Mayors
license and q United states license, which gives
them full tito to their occupation and that
the Board os Health have right whatever TO interfere
They further assert in their complaint the following
factsihe cattle are brought BY and railroad 10 the
Washington Drove Yard from the Western States. It
has been tho practice Of the butchers TO purchase their
stock ~ this yard on Monday mornings and drive Ecm
90 different yards attached slaughter houses previous
10 being killed Plaintiffs have yard in Edridoe street
which they usc for this purpose On the day preceding
the salc ot meat the Strengthening takes place. From
the Washington yard the cattle driven every Monday
through The streets by purchasers and the a'ghcring
takes pie i, the evenings, In order 10 have Tho meat
ready for sale Tuesdays. Plaintiffs claim that IL they
complied with the rules Of tho Board Of Health to the
hours specified for driving cattle through tho streets, IL
would he very material injury to their business, they
would haze proper prepare the for salc
As 10 the allegation that tho slaughter houses mis-
auce and njurions TO the pubc health they empatclly
deny the assertion and conclude by alleging that the
entire proceedings Of the Board OF Health are nncons
tutionai.
Tracy read several afdavs in support of III. alle2a
tinns that tho business Of plaintiffs, not properly
Quoted was decidedly injurious TO public hesith ard
sncty.
Michael p Murphy, pairolman Of the Metropolitan
Police" Joseph J. Morgan, also connected with the force,
Mncy kecgh and several others testified to number Of
accidents which had occurred from the driving Of cate
through tie streets Those aidavts detailed circnm-
stances where many persons killed and others
sero,,sIv injured from the freaks or excited bulls and
which escaped from these droyes Willie raversrg
the streets An affidavit Of sr Jackson ). schultz set
forth The dangers of allowing cattle 10 be driven through
the all hours of tho day This paper also stated
deponcn. familiar with tho different Sian gbtsr houses
OF the city. The floors Of many constructed in
such Il manner that the blood which iowcd from the
animals esf;,Id into the street. the sewers de-
iective and not snet 70 carry awy INC 'aso mattc'
thereby ing dsacresaiie odors which very in
Jusious tie public health. Numerous complaints had
been in ,his regard ne 10 the Houston street
Captain John Mount. of the Seventeenth prcciast.
furnished some statistics 10 the number OF accidents
which occnrrcd In his locality caused By cattle being
,,riven through the streets.
Mr A H. Lawrence on behalf of plan.i0s. then read
sever, anivts in which set forth facts entirely
contradictory OF those produced by defendants In them
means injurious TO health: that tho blood extracted
from tho animals is sold for refining purposes,
the orid removed immediately aicr the slaughter
ing; That fcw, # any, accidents occur ron driving
cattle through the streets, ami that the buchrrng brsi
ness. instead of being injurious u beneficial 90 tho
puolc health. Nr. Waiter Briggs t-tncd that during
the ehoiera in this city in ls52 there only two
buichor9 attacked, and ~ those cases The disease
superinduccd hv ntemperlnce. The adasi;s Of Mcsrs
Charles Cooper, Waiter Briggs George strnus, and
others scbsiantlaed these assertions
Nr. Jpcob W. Moore. Clerk OF ihc Washington Drove
L.
bulioe.s onl 1921 passed through the yard With
snssc accident haying taken pncr
Nhci the reading Of tlc alitasis concluded Mr..
Tracy proceeded 81 ayu the motion The part Of the
lionrd of Health, when he submitted The following
ponts.rhc ordinances IN question were duly made by
the Metropolitan Board ~ Health. The Board has power
81 make ordinances nr the protection of the public
lcn!tl by virtue OF se,on twenty oi thc 81 1864
amended. u LAO has ali the powers ior preserving
protecting lic.r health preventing disease gwen
tie Ncw York Common Council. or any municipal 0r
health authorities the Metropolitan district Thus MI
powers for The protection nf life well Of health
be found in lie charters ~ New York and iirooklyn
c.so!sc tie Eoar3 The power Of TIE Common
corrc cf New YORK 70 plasc ordinances regulating the
drring OF cattle IN or.cr 10 project human lie is IN.
ou.sionalp, Like power has been oxcfclscd bv t,e
COMMON Counr repeatedly h. ordinances AGAINST fast
driying, rock blasting hoistways elnka &c. The Com
coanc Of Bronklyn bad ainp!e power of that Kind
and 3 i i's dnty TO determine what thiHgs need
be rcsirtnci by ordinances Tor the protection
a. wsH a. discretion The requiring 81 4 permit
FROM the board To any person intending exercise the
tfN4o u butcher ~ proper pgceaotion. M license
lee IA demanded the Hoard deems necdn to tho
safety of life aud health in the district that u trade
wlscl : capable OF much mi-ohicf VI ncgliQcnty
coaduc;s. should lie in the hands of known and ,tii
able racn. Ordinances under sueh powers have beet,
sustained By the courts uniformly The consiltutinnai-
iy Of Tho Metropolitan Health i,w cannot he dspi,cd
one Judge has pronounced " constitutional; other
Judges have iteacd IL CONSTITUTIONAL and has
held 20 .hc contrary The delegation ri power make
.oai ortnancc IL breach of tho constitution and ~
bas been dono by every legislature the ans concern
ing otcs aud villa The power Of the Board 20 inter
pose dlrc.ty and order and require the suppression Of
aay ,hng Il inds dangerous 10 health lfc u clearly
constitutional. The courts authorized 10 inquire
conieraly into the facts np0n which the Metropolitan
Board OF Health makes its determination witnn th.
province Of ils discretion.
AZ the conclusion OF Nr. rracvs sr.iincn, further
hcifng In The case was postponed until Monday next,
tAelAn nc,ock Ncn Mr Iindv ALL rcnlY Tie nnri