The New York herald., 1867-11-20

nuisance. - pssvsuttug tne coasuussicu q hh
Board sr asa sss .ss :". e, .u,no
ny oosiensd upon thsm b The laws when they
s:,smps en- 2 declare anything = - spissncs vhch
tney proceed 30 limits thsu SESSION Laws 1887 cap-
tsr 80 section q pass 50. of pamphlsk They have
sumed - dsclsrs the plaintiffs premises ana business
os nuisance the face Of evidence clearly indicating
me csss 4 coopsr ~ scAn,s saS e sdg. D. ~
siaughterng Is not At comnon law nusancs; and In
this be y suicenty fortified By anthony. Ihs bust
fled the New York aimee hs earliest period
O IT'S history II the ordinances abQes relered 10 are
lawfully sxsrcsed. restrained only 81 rssustious con-
dsclvs 70 the public heath, must Be- terminated
sa,,nn ~stn,n sns ppaoas portion, q the CITY. Tue
81 customary occupation or to the mere cleansing
OF premises where the shug ghtering of animals i
until they puriGsd which would bs lawful IS police
regulation, but ~ the entire suppression or the busnss
Tue business o. brewing malt liquors and Of dssng
- % injurious 70 the public health nom foul and un
Wholesome exnaaatona Many other buslness pursuits
city may BY neglect become al injurv 70 the pubic
health and nuisance. Tho wealth ana prosperity or
and similar charaesss 10 which our citizens have Is IN
otner cities lawfully cDgngsd The preservation Of the
pubic heath required and The law has long sanctioned
ofdinancss for tho regulation and purdcaiion or pre-
formerly belonged q the Common ccuno % iu Of
Board q Health Tho power supprsss other oocupa-
lions is no mors difficult than the supprs sion
q e. ssDs II. and :sss. q
is indicated by the foregoing references While the in
specsfon and regulaton Of pursuiis In large city
watch are liable 10 become injurioun 70 the public
health and saety the police powers lawfully
delegated 70 and exercised BY local and municipal cor
po.snons tns power % suppress such pursuits. whoa
the1 have been mmemorally exercised, are wholly ~
yond and above tho police powers and extend into ths
domain Of legislative function. lhe power exercised
raosu Ma a<ua
quences. to . revolution in the customary 90
oapatons and pursuiS within the city llnlts,
Of q large number q ~ citizens and 70
Fortunately, not left 10 the or this
subject question entirely new Tns power to pass
confred by the Legislature 1867 upon the Board oi
Metropolitan Poiice WHOM ; composed Of Commis-
.. s,ousls appointea hike the Me,rcpohtsn Board Of
attacked By Mayor Hoffman 10 action sgsips: the
board of Police IN this couit where II held by the
authority persons appointed by the Governor TO
ioxis'a Tor muncipailty or local 6sc and that the
law under which the Board Of Police Commissioners
erciscd the power Of granting refusing licenses
hAckmen, &C. void; tnat the power Of local iegs
lation may be conferred upon municipal corporations
or officers but thoss upon wnom the powcr Is con-
fered must hold their Offices from te people OF the
nun cspaliv or district, or BY appointment from
ocsrs elected BY such municipality disrcl The
il reported In How. r. tor June July 1567,p.
81 and has snce bcen affirmed by tho Court Of Appeax
Sach II the effect the provisions OF tho consttu
il this action hold ONCE by the appoutmeut Of the
Governor and elected BY the ps0pie OF the city
q New YORK, nor appointed BY any power % elected
They are not officers holding from permitting
the exercise OF local legislation be conferred them
The opinions OF Justice IngTaha and ,. c. Smith 10 the
referred to- affirmed By the Court OF Appeals
arc clear upon this question, and cover the whole
around The defendants should BE- restrained from en-
forcing s ordinance referred t. AGAINST ses paatn
interfering with his busncs except for police nspsc
ton and regulation, with $40 costs.