New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-07-30
LAW INrGLLiGENCR.


FRST VICTORY BOR THE HEALTH B0AED-AH lNiuSc-
rus DgSIED-rHB EXTRAORDINARY POwERs oF
THg BOARD oP HEALTH NECESSARY AND nor
UyCcBuTuTioHAL-FAT POLLING A NUISANCE BY
COURT oE COMMON PLEAs-srrc1,t TrM-JuIl o.
Before JUnoE BRADY.
We'll agt Schultz and othsrs.-Ibis is an action
eolnescei by tie pns prosecute the Board u heihh
,or interfering with their business, OF fat boiling
On the argument which fay reported Was cohtenced
BY me tIut co1nse that the business u IT boiling was
anything rather adyan'sseoas TO tie heIth OF me neh
With merely because there VISA Ai unpeaAan1 sU IL
Bsas the act creating The BOARD vas sn
asy they bad modified Ito process as to have no smell
escape with the air.
NE, offered three dozen adavts prove It's innorIous
and It's inonsvsaes wbie The eonSsel for tho board
aavi. M. o,ber wnT Inc court took tho papers sub
md stating that would consider tho additional sndasits
IAe following opialon and decision IL now delivered
regret that have been prevented By aess from eonsid
eriag and deciding this motion earlier date. The ih
porsncs Of tho subject demanded. snd would otherwise
have received Immediate attention. 10 that cass 81
comSisny particularly who have neither tho leisure
means odors arising from cause
II 10 Of that the Board Of leth should not
20 or, designed 10 accomplish wis. would Sc, n TO DO
The primary ohcihs greatest good OF the greatest number
Tho bu,ness u the pail carried 10 TIC coe he does
n i, nuisance per o. II has been declared and II
lad not been the proof teiore me establishes ihe fact IL
enough 10 create pabc Nuisance that ihe enynent OF life
whin The house Is uncomfortable whether II be ~ m
fctlng the air smells With injurious %
beeh Tho odos arising from psatfs bushes render c
uncomfortable and Injurious to health. Tho Boasd Of
Health had the power therefore 20 suppress the plaintiffs
business II is expressly conferred aad the 9aIrra mott
fed Of their ntendod interference note, sch gave him
opportunity 10 show cause aranst the proceeding IN which
a RI. ara asrs Of n.S hsyss TIE suiSor 70 sbats the
nuisance IL became their duty act and TO act promptly.
sss ere nesSeas q Hsa invested
with eIirsosdn,ry toues BAY nscss,as! 90; IA ne az
that such power should exist somewhere 20 he exercised upon
proper emergency II zee e,l as.soIes WEI, Obliged TO
ing from nuissncss seldom 10 avoided TIE emergency
segregated BY that learned judge e!s. and ,ae summary
ss ses.:as BOARD q 4 ii ss
where the eI.sncs OF Nuisance !, established by eoupeirnt
osn ana s ss ss.la q Health .r proper IN
tssgaon and police ~ and on sscisn: e,deace hav
log such % Ss q: ana se d. ss RSSs'
iipt N tkeEese yield TO Oh! necessity whioh es upon
from The evidence before ne ths ne Is not untitled to public
sympathy There may be cases IN which ID. applications
ss,aS@ osp,r.ou bal ~ /, so one EssIy @sn Sy 3,
cursg tho general proeclirn q lie ana property rom Tho
fights strictly per,onal and should Be prepared Yield Other.
OF emergency caused by danger q pcsicneo sad
doaih The pania not esd upon e make eIi;aOrdsay
and established the i.oi tha. his bl,ncss may be
cas BY adopiing approved mechanism ard process,
destroy dcodors tse othsyo rh.a sre e.sasa
By the business Ihsve thas geos1y stated views Of ts
S,: and W. , f M (. 'r rscn as e i &
section ~ Cs.a sgt. Nslehtnc, inigc bot Brady as
wfeks Barbour SUP. G.. Rep 49, Cropsey az siaphy
Hilton sf ,at Dulos ac Blgloav, - ADhVtl, TO. Van
Wofmer sgt. The Mayor Is wend. fj2i Hyatt ast Conims
Bca.d OF Htah 2, Barbour rs, II may be proper 10 say,
IA conclusion aud IN foeoaee ~ Cue pout sken, PIT MOI
elaborated ta tho set uHeoasuntoHs an gtaning tle
pOs exercised ty tho BOaid ol Hslb aginSt the ialf
hat d. sbsarsai o. nuisance |, tss appropriate
property 20 public without the judgment OF COR peera IL
"a suppression OF thing declared 70 Do Illegal by 10 i,w
the and which be destroyed BY an. Citizen doaa
ia such aan6er Invade isw o. properly or for tho
preservation o. the peace. When tho law invests pube
body with the mower TO DO such a 10 express terms the
act 70 30 done becomes the less osocnabe lussuueh as
the persons who constitute tLat body are selected Tor
tho purpose. end the rcsrainng o0ges OF TIE Courts
should he exercised against them 81 AL WIN great can
on. Tho history oi the laws creating o1, oil Health N
couis II II proper delay as decision OF this motion
70 demonstrate H. vii show that ertraoruny authority IN
reference 10 he cnefG OF legal pr0ceGpIc has been
conferred parsons charged With the duties oesrTt
the pnbc health II IL proper that should be SO 70 preven'
the spread Of cpdemcs and the fearful mortality which
Kindred power which given 70 the sayor and
others destroy budngs In they deem hom likely 10
take or 20 fire Co other buildings q Rev. Laws
1919 D. 300 SOL all resting the doctrine Of necessity
which becomes lnpsTious In s demands 1ts Board OF
Health NAV and should recorded the representatives Of
toe people Of ths City the subject for Hleh they were
Organized ODE aided IN all RESPECTS In the lawful exercise OF
their authority which looks 70 the high and noble duty II
serving Lesh and saving life think the act far as II
relates to NE authority exercised IN TINS matter IL consttu
ona that no case Gao DO found in which II smlsr
law Of this State has bssn held 10 DO otherwise .t
Injunction dissolved with $40 costs 10 sbide the event
Mr. Weoxson appeared for the planting MI George Biss.
w.. appeared for tho defendants .,.f. I...
TIE Great Rsil 90 the Cssnterfsiscrs.
UNITED STATES COMMISSIONERS ofFlCE-JpLr &C.
Before Commissioner OsBpHN ... .
This morning was set down for the hearing OF some
lain