The New York herald., 1866-08-01

supEDIua cau,r-cAAaalas.


Mere Applications for Per'zane' 4, IaIancsions
Wits In Favor Of Beth sidsM-A Lively Time
AnsonS the FaI Men.
Before Judge McCann
JuxY 81 Esnv axd w sAeiEsr %. Tie Board d
HeolA, DomaAss and Ahos The Same-The plain
tits in these two cases propretors OF fat melt
ing establishments in Aba,oir place and Thirty ninth
street On application TO Judge McCunn through coun-
sell they procured absolute injunctions against the
Board Of Health, which were afterwards changed into
orders to show The cases came before the
Court this morning motion 10 grant permanent IN
functions restraining tho Board Of Health from interfering
IN any way with business OF fat melting as carried
by plaintiffs Mr. John Z. BurriA and Mr. Davidson ap-
peared for plaintiffs and Messrs Tracy Bliss for the
defendants.
Mr. Bur,lI read The complaint OF Eisner and westhci-
mer which ret forth the facts which the order 10
10 show cause was granted. plaintiffs alleged that their
business was in way injurious 10 the public health;
that 1t Of May patent apparatus procured
which carried away al The gas and noxious vapors gcn-
Grated in the fat melting, and that disease os any
character generated from the workings n their fac
tories Aaidavts of Henry westhciiner Jacob Acs"r-
man. John Vrien and others read to subsantiate
the statements made In the complart
Drs Lnprecilt Baisd,n, wettengel and Hewel also
visited no and testified the perfectly
healthy manner in which they are conducted Tho
used In carrying away the gas and yapors
A workman named Febrck, who employed in one
Of thc establishments for twenysix years, testified
that his health had been affected, but the con-
trary. improved during the term of his labors.
Several aidavts of parties resident in the vicinity
were produced TO prove that no disease OF any kind was
ever generated by the establishments.
Mr.. Davidson MS counsel for Michael Donahue and
partners, next read the complaint OF his clients
The following is the order issued by the Board Of
Health discontinrlng the business
OPINION DECLARATION AND oRnER, UNDER FIRST CLAUSE
or SECTION 4 or IE aInaoroi.TAs HEALTH Law W. CHAP
orlcr MErnoroLirAN BoARp or HEALrH,
At meeting Of he astroposn board q Health. cath held
The 9Th day of july 1865 at sad office the premises here
said Board. and II ass IN eopdion and = saes,
sna RSs to t.
tfs ns sa does the M @
Following oe to tha. spSs The Of at
melting carried on 2. premises on street.
be owned by Michael Donahue be discontinued until the
escape into the external And
g s @ saa lay ~ and & nas the me
s execution be not comenccd until the further order of
EMM0Ns CLARK. Secretary Of said Board OF Health.
Mr.. Bliss, the part of the Board Of Health, next
read the Of defendants and adavits in contra
diction Of plaintiffs The answer forth the bus
ness Of fat boiling very injurious to health and
ought to be at put end TO unless properly
trolled The covers used in fat boiling were entirely USE
less for the purposes claimed the part of plaintiffs
The adavits OF several parties were produced to sub
stantinte these assertions.
DR. Hoatio Payne testified that he had visited the
Establishments and examined the covers and fonnd they
were wholly inefficient for the purposes intended
Dr. L. Pulling testified that two hundred and ninety
three deaths had occurred from diarrha in the district
In which the fat melting establishments were located,
while the highest number carried away In the same
length of time in any other district Of the city amounted
70 only ninety three
The adavits OF fourteen other physicians were pro.
auced 70 prove tno Injurious effects OF the fat melting
together with the airnlatons of dine-
rent parties resident the locality who had been sick
encd from the smell and odors arising therefiom.
Mr. Burri then proceeded to argue the case on the
part Of the plaintiffs when Judge McCunn after hear
ing counsel for. some time adjourned the cases until
Twelve clock TO. morrow.