New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-06-29

dlct pialntlus Tor the sun % sS,s0N wv 'eH ~-
HABEAs CORPUS.
The People rel Farrel Sheridan sgt Jane Middletou
This was an application by father to obtain the
custody Of his child Annie the ground that he her nat
ua guardian and protector and that che has been taken nom
him and detained against her wishes and contrary TO his 90
The main point Of the application is tina. the child nov
being sducasd and brought up in manner contrary TO NE
On the other hanc 1t s oontended that the father IL unit
bring up the child and had abused in shameful manner
that the child sought refuge the Female Christian Home
Mrs Middleton who became fond Of her giving her
good education treating her kindly Act that the child PER
conduct has lost al legal right to her custody. &C.
The Court took the papers and reserved its decision
TIE WARRINGTON MARKET cAsE-AsorHRR nJUNo.
TON AGAINST THE BOARD OF HgALTH-ARau'
MESr FOR ITS DISSOLUTION.
Hoffman ag. Schultz
This case comes up motion 10 dissolve the IN.
junction heretofore granted to restrain the Board Of Health
from interfering wsshnso Market The action
sinking Fund and the case reported
junction granted Mr. Bliss 90 behalf Of the Board Of
Health read papers which the injunction granted
Those papers simply rece the laws under which the PLAINTIFF
made Commissioners Of the Sinking Fund and that the
Of the market appropriated that fund.- the receipts
on the stalls on the sidewalks amounting eaoo
that defendants the Health Commissioner and threat
en- to down the stalls the sidewalks thus dmnisnng
the amount applicable Sinking Fund.- that this with
authority law and the stalls are cot nuisance Ihs
Mayor stalls and stands clean and In
good condition On the 4h Of May ta occupants Of the STANDS
on the sidewalks notified their stalls where
upon this injunction obtained.
He also read the snswer OF the Sanitary Commissioners
which that the stands the sidewalks form part OF the
marke, and aver that they are unlawful distractions Of the
and that their rents do not belong the SINKING rund
Their answer further the stalls detrimental 70
the nube health and nuisance and that
before the time OF tho hearing before tho board nao
expired 1t takes objection to the jurisdiction Of the Court
The aidavs Of two parties read to the effect thss
they examined the market and surrounded ~ mar
row and crowded that it's roof not properly ven.
ated requiring attention for the proper OF
the market They describe the stalls and the condition
OF the streets bounding and that IN their opinion
they nuisance and prevent toe circulation OF ar neces
for Che keeping OF articles Of FOOD and the proper essns
| ing Of the market itself.
Mr. A. NJ Lawrence IT, read In opposition an AFFIDAVIT Of
the Comptroller stating that be has made personal examine
ton stalls He denies that the Commissioners OF the
Sinking Fund ample security in their hands besides TIE
improve the value Of the market.
Nathan Mcclure produce dealer swears that the stands
were built by city IN and improved BY the city In
s49 and that they not in any way deeeroos 70 health
That used to spend 10 or "a hours day IN the stands ana
believe they injurious to the health Of the
| neighborbood. -
stands the persons employed there being healthy class
families will be deprived Of living the stands are
torn down That do affect the ventilation Of
the market injurOusy the Several other
parties holding stands make adays 10 the same eject
Richard Thorne that the stalls constructed with
trap doors so that any refuse be dropped into the
cutters whence they swept into the sewers
dition and effect OF the stalls and heard Mir Emerson tes
mony that believes him not fitted 20 give an opinion
us TO the OF the stands the public health that there
are 100 windows in the roof Of the market bulldog, all Of
which be opened and openedn warm weather sseu
Gattheg a. Chase butcher market for so years last
past that the health Of the empoes in the market
the community In other respects his affidavit goes over the
ground as those Of other parties %, ,,,.x
Joseph Leyinus butcher aud occGpsnt OF stalls VINO nas
tseousS ire ohoss Of 1852 and s4s Mr. BrsdG engaged
the twenty and during the years Of 1889
anne nSmSer o. H. John Harris who has been in
market for fortyx years. Thomas Way IN the narkes
for more than forty years all TO much the same effect
some Of the atlantis that they have paid large sums for
| their stalls. -
that read showed that large mass OF eIPae ey
could be produced to show that the business IN Which
the parties tesifyng engaged not nuisance
this tribunal for the determination OF the question Of
nusance this might have its weight Bot this
is not such tribunal The statute creating this Board pro
yes for very perfect system Of hearing to determine thss
question where these parties might have been heard
Sinking Fund and they in showing not one particle Of
title This property Tae Sy .u SG P3 y the Court
They show rreparabe injury The Conroer does
the IN S ss s the Of
was not fully secured these stalls are pulled down nnlaw
fully action at law will lie There" pefee' remedy 0'
ySds. Iasr.hau-Does the rule eontsEd 70, sppIy
u: ys i. done a. claimed by complaint
The Board Of Health oreaned for the purpose q r.
s them
their remedy the wrong 1t was plain question.
thew are in the street they may be and haA
Ssdss thew are obstr1ctions The injunction sought for
prevents the Board from performing i: functions me
the Board Of Health from exercising the duties =.
streets aud they certainly did obsruct the hghwsy
s H h d Of H. r.
Health have and virtually inerdcsed TINS spoS "
e Market there are street: Of mere ordinary width
them tbese booths aud stands are put up without any sah
were built unawfuy City kept them there they had nc
right to 80 keep them The CITY cannot as trustees "os's
trust the property ssr 70 o,o oS s M not
nuisance who used TO such hiea life Of working
who have no such business regard only
| but IL Is almost pestilental IN Its character.
Judge Ingraham wished krow whether it was claimed
that under this act the Board power
| nuisances not connected with the public health.
power to s5ats al nai.aaess Of whatever Kind.
EIJudge Allen in reply argued that as to the sdsvit pro
duced here only affidavit produced the part Of the
Board was made BY very young men, presented 20
reasons but simply their opsion Of the matter while they
who acquainted the had spent tAs,
lives in the market was said there was means Of
eOnstaions then perhaps there ws but they had sss
elect whether they would proceed under that The order
served these parties was not an order for hearing bu
| peremptory order 10 remove the stalls.
Judge Allen then proceeded argue that the plaintiffs
sufficient title enable them sustain this aetioo should
it be decided that the city proper party could easily
be brought In He did suppose the rule Of
color OF Office Tho ordinary rule for private
apply in suOh But the act did look rspsrabs
injury looked TO the total destruction Of property and
carried out neither could the property be the
parties be reiDstsed in their lost rights There evidence
that any injury the public health arisen win until
this matter be finally determined. They had right 10
refer the fact that this act will deprive 90 anes Of
support To them the injury would certainly be irreparsb
1t the duty Of this Court in It's equity Jurisdiction pro
| hipt this Board from action In Of its powers
The act intended deprive party Of bic prep
ery without regular process The present proceeding
business any particular bus actually destroy II
The parties have right to have the proofs which the
defendants spread the record Ygh,
to these things spread before this Court in order thai
might determine the question Of nuisance nussncs but