The New York herald., 1866-09-25
POWERS Of the BOARD or HEALTH.
Manufacturers Of fSuperphosphate Of Lime ~
Hunters Point-Motion for n Permanens
Injunction Restraining the Board froa In
terfering With Their business, &c.


Injunction Restraining the Board froa Is-
terfering With Their business, &c.
BUPRExK c0URr-HAHBKRA
Before Judge Sutherland.
SErr 2l-EnocA Coe o. the Board of Hsa,A --Piaisst1
In this case is the proprietor Of esiabshmeus -
Hunters Point for the manufacture Of superphospAaAs
OF lime. Tho Board OF Health have declared h Q
nuisance conducted at present. sndA on the On =
August served Mr.. Dean with notice nstructing hna
TO close his establishment mako certain alterations
month plaintiff procured order 10 show cause Wig
defendants should not be restrained from interfesaG
to-day on . motion 70 continue the injunction.
NessrA Fullerton and Knox appeared for plaintiff aAe
Nv KuoT read all the papers and an,davis in supposs
OF HIS motion for continuance OF the Injunction ne
nrst paper which he laid before tho court the an.
davit OF =. Coe, who stated that he superntenA
Of The establishment Hunters Point that he nsgse
heard complaint made Of any sickness resulting frp0
uons S.Ye worked IN the sS sod =
ceived benefit therefrom; the locality rcndees1
unhealthy BY the land around being marshy and hlsl
In with refuse matter; there than four
Ave DWELLING houses In the immediate vicinity OF painr
un7s establishment the afdavit concludes by stating
that In the Board OF Health nterfcred with th1
business OF plaintiff he would lose $4,000
DR. John A. Brady swore that he was twelve years Q
question; was clearly Of the opinion that II va
not In the least detrimental 10 life or health, ana
the gas used for manufacturing purposes was . dis,
infectant; the manufacture was described q ve1
simple process, q mixture OF animal chArcn1
with diluted suiphuric acid deponent had visited The
establishment, together with eminent chemists who had
agreed with him In every particular; inspectors oi
the Board or Health who had examined the place were
also OF the ame opinion no dwelling house was wiihe
also inquired among the mon employed In tho establish
mni and they stated that they had never lost day 10
Dr. Il John had also examined the place and wrote
letter to Dr. Parker giving an account OF his cxaminafc
hs, the process Of manufacture is conducted In isrss
cnpola, which prevents the escape OF 10 any inun
ors quantities and that Mr. Dean Is now engaged 10
making a new cupoa which will enectuay do away
with any dee.erous substances being conducted into The
atmosphere ~ r5.-
Professor Charles r Chandler Of the School or NIn~a
corroborated tho statements mad, by DR. 81 John
Professor Doremus also examined the mandatory.
and testified that the easeons odors were benen instead
OF being an injury IN the locality
John Miller Adam Bloss Francis Bailey, jeremiah q
Mescrole others made adavis that they sevl
cra years employed J. the establishment, and nev9
sustained sickness or were In any way affected by tbs
odors
The adsvits OF one hundred residents were produced
70 prove that no sickness resulted 10 the neighborhood
from the fact that superphosphate OF lime was manufas
tured therein.
Nr Bss, on the part OF the Board OF Health ,hea
read his papers In reply Tho answer denied all the
terisl allegations Of plaintiff, stating that stencil b
srS ,ss beposv 70 ' pu0l'
The afidsvt of Dr. Lewis Gray testified az 10 boss
facts and stated that the place was decidedly detrmen
Health Inspector James p lrask had repeatedly visit
ed the place waiery vapors escaped into the atmos
Rayenswood deponent had been affected with severe
nausea, which the result Of stencil from this
tablishment lie also knew OF a lady who had been
much troubled from the same cause.
Henry 8 Annbal Thomas Smith, John English, Nel-
son Weeks, Charles II Rogers, Samuel Robinsnn An
drew Kimbal, White, Peter McKeever, Andrew
McGnnis and several others residents in the vicinity
furnished afdsvs 10 which the injurious effects Of tbS
factory were set forth.
The afdavits Of fifteen ladies Who had been sckencd
by those gaseous odors, were also produced BY Ms
Nr Knox remarked that there were various statements
In those adsvits which could be refuted n they had
opportunity
Judge sutherland could not zee how that could bs
done. There was indeed conflicting testimony. rhoss
people who sworc 10 sickness spoke from personal
experience The case should DO decided entirely out
side of the question OF law II was simple question
OF fact 10 whether not this establishment Was
sance. II was a fact which be should determine a.
Judge Tho Board OF Health was body which had no
earthly interest except doing the very best for the pub.
lie good They were dlscharging duty imposed upon
hcm by the Legislature Counsel bad their scientific
afdavits but they were not half az GOOD AZ those pro-
ced by parties who happened 10 have personal expe
rencs We should look al this thing reasonably; Tor hpon
what principle could he dechage the injunction, look
Mr. Fuierton.Your Honor viii no, decide the ques-
ton upon affdavitsf
Judge Sutherlsnd-f must
Mr. Fulerton--Hero u prcpondcrance of testimony
IN favor Of my Giant We have the adavs or over one
hundred aborng men who are engaged IN The establish
mont
Of Health under clrcumstaucrs rting that ths
law was unconstitutional and could not he enforced
Judge sutherland remarked ,ha, be would bear coun
eel upon that point although he had made up his mind
10 deuy the motion 70 continuance OF the n lnclion
upon tho afndavits presented
Mr. knos then y,Scesasd % ss1s @ snS rss swes ~
Judge suhss.nd took ID, papers .nd reserved hs ds
cision.