The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-25
The BOARD OF HEALTH.

Report or the Committee on Law and Ordi-
nances-Judge Bosworth and the Booth
Question.
The Board OF Health hold their regular weekly meet.
Ing yesterday afternoon ono of the Commissioners in
the chair. Present. Commissioners Acton, Bosworth.
Crane, Parker Manierre and Swinburnc Absent Pres-
dent Schultz.
number or permits 70 slaughter animals abov .
Forty second granted and petitions
from butchers requesting the privilege ro-
fused.
Aregular form for permits to allow the so-caed Sol
der Messenger and Despatch Company TO ercct booths
in tho streets for their employees presented by Judge
Bosworth and adopted, also report by the
Commissioner the subject, In which hs refers to
the power OF the Beard to issue permits follows
The c.nt , on Lazy aud ornanses % which the an
that they have considered the In the opinion OF the
form . IL powsr Under TIE sissh ssson %. Of Tho suss
es e 70 s sd paper ss m
all the stands booths should located by single resou
power under said .iaa seeon viii not " eshsusted ~
ahs aeasof np1n SINGLE spg r made to
az ocaslo may require then COMMITTEES would
N form Ike the nss Sig na S seh
SUCH booth only
Judge Bosworh, in presenting the report said:-Eas
the Board OF Health, mentioned in section SIX Of The
INCORPORATING The Soldiers BuAness Messenger and Des-
patch Company, passed April l5 1907 the power
applications made TO h from time TO time under that
section must the Board determine on a single appli-
what shall be the number size aud 10 alton Of the
covered glands or booths which that corporation
erect within the Metropolitan Police District? In other
words IS tho power conferred by section six OF that
on this Board exhausted by an exercise thereof upon
ono application made 20 II by this corporation or
as occasion may ars,2 lava Of 1867, vol. 1,
pace s49 The period Of tho Of this NOS
continue 80 long there sufficient number ..of
persons vino have been hoporably discharged soldiers
IN tho volunteer Of tho United States, from the
State OF New YORK, and orphan OF sIch soldiers
i'd Sec ~ to transact its business agents aud
poyes," then it may exist for many years That
power TO erect and maintain covered stands or
booths on tho streets OF tho cities aud villages
OF New York; ana the nnrober. si,s and location
Of said booths or stands shall be determined by tho Me
tropoltan Board OF Health a majority or said Board
who shall determine locate the same upon appica
ton by the President Of the Corporation I'D soc g.
The Supreme Court has decided that ths Board has no
power 10 determine whether these stands booths may
may not be erected. That the Company has RIGHT,
under the statute to erect and maintain stands booths
Tho statute does not state that only appca-
ton may be made 70 this Board, does II
that more than one may be made. The language Is
sane application by tho President OF this corpo-
raticn." What NAV be supposed to bs tho public
exigeney which induced the Legislature to confer
this Board the power and authority delegated To by
con six OF tins Statutey Does this public exgency
IN come ton Win what appears on the face OF The
statute, snow that continued and permanent super
visory authority was Intended to DO vested In this
Boaris The period OF the existence Of the corporation
cannot be conjcctured The l.ehisiature has granted
10 the right to erect and maintain these stands on
the streets But IL seems TO have bscn willing to
permit this corporation TO srecs them wherever they
might prefer to locate them or 10 determine the size II
them their nuniber Was not one OF the objects Of
HE Iegslatirc 10 enrst this BOARD win tho dniy ~
seeing that in locating these stands least public in
-nience practicable should be caused hercb2 That
at all events no more should be located ,han the wants
of the company IN giving effect 10 the objects declared
by the aci " Do s primary and ina.a object should
mperativeiy requircg That object Is declared
ploymeu,, 50 far practicable 10 worthy disabled
soldiers and orphan cons OF sodiers VINO lost
their iscs or became disabled while serving in the
army OF the Unised states, in regiments raised in aud
accredited TO the State OF New York. i'd section
The provision in section three requiring Tie agents and
employs to be selected exclusively from persons VINO
may have been honorahly discharged. or
orphan OF such soldiers mas have been inserted
merely require proof Of the fact Of nm honorable dis
charge item OF evidence that the disabled soldier
was worthy and not to add 10 The class mentioned in
scton one But on this point do not Inlcnd to
any orioicn. How many may apply 10 this company
tor employment whether tho employees 10 be only
"worthy disabled soldiers" or may be also selected
abed must, nj present, be wholly coBjoct1rai. 10
how msny applicants employment can be iurni0hcc
must depend upon the success OF tho enterprise
and tho extent Of tho business Of tho corporations.
IL must be concluded that the power and authority
delegated " ths Board was conferred upon y Tor tbs
purpose, primarily. or mainly. OF seeing ,ha, there
interference with the ordinary OF tho
sreeis no, required 70 enable this CORPORATION 10
effect the main object Of its creation Then Is II not
Just Inference that the Legislature intended 10
create, through the fundamentally OF lhis Board
administrative agency In respect 10 the number
size and location OF thess booths as Indicated as tho
will or the LcgsatureY il IL unTeasonable conclude
that IN the view Of the Legislature place place.
might now be used for booths with comparative public
inconvenience ard that within some period Iourer or
shorter, changes in the centres 81 kinds or tho
diversified business OF this city might that tho
booth or booths at such place or places should b.
rcmovedf Isst unreasonable 10 conclude that Ia tne
yew 81 the Legislature this Board could better de,ermne
from time TO time whore Stands could be located wbsn
the extent Of their pnslic ineosrenlsnee hsd been
tested and tie actual wants OF the company vsts
by It's actual business. than IL could when the
whole subject s at host but matter o. Conjecture In
my opinion the answer which necessarily 10 given
10 all these aud similar questions ferns such eonsc-
ton or ths statute ne would bold IL that tho
power of this Board the subjec, OF the number t2s
and location Of these booths continuing nns and
may be exercised upon successive applications mink
one of i've constructions be adopted Tho power
and authority Of tho Board IL either exhausted by tho
exercise ihereo upon single application 70 II under
section ak, they continuous and NAV be exer
csou from Time 70 time rs occasion may re9uirs Weed
vs.. Tucker, ~ ~ Y. r., 49, RI tho latter view be
tho tire one, then Il msy follow thai tho Boatd
could order booth which IL had once located to
oe removed when public convenience required H.
" his point shonld be considered very doghAi then
would suggest that the resoiniion locating booth on
the street haOud, 10 terms MAKE ito location continuous
Only dung mo pleasure Of the Boatj ard " on toe
sidewalk. continuous only durag ibs consent Of tho
lessee Or owner Of the rfo2srtv adjoining Or sganst a.
and curing tha pcasur. OF The Rosfd To tess tbs
resolution, 10 witt
Resolved That In The jussen, o, hs sosrd the power
on y ~ sesion ss % chapter ~ q The laws Of
snee Application made 70 setioa but be
exercise from tibe 70 time, require.
Az the applications Tor permits which were brought
peofe Tue BOARD were BY resolution referred back To tbs
company that they might be sble 70 designate exactly
whai number OF feet and tho locasy upon which
eAch booth Is " be erected.
SALE Or REAL ESTATE YESTERDAY