The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-05
He COURTS.
SUPREME cOuaT-cHseesss.

| The butchers and the Board az Ree!;s-
Charges Of Corruption A. ninsi the Prcs'
dent Of the BOARD.
Before Judge Clerke.
Joseph Jaft.en Of al ps The Metropolitan Eorrd 81
heata, and John 4. Kenaedy Superintendent Ge.-Thls
case camo before the application for perna-
mont injunction, enjonng the deiendsnts from In any
manner enforcing the order prohibiting tbs saughterng
OF cattle south Of Foreth street. the phsints being
butchers and having their slaughter house located at
avenue and Fifteenth street The complaint set forth
that tue obnoxious order had been enforced
ssans' paintus 10 tho rremedabe dotrimen OF their
business and was aud void aud that
the legislative action creating tho ordinance comforting
suon discretion upon inc defendants In dreo viola
uon OF inc constitution The complaint further Charged
corruption against Of the mebors OF the Board
Health. and the adavts annexed thereto made ailcgs-
lions OF similar nature. The planting affidavit stated
that at an interview between Wm Labor others and
jackson Schultz and others discussed as TO the
location TO DO determined in which the business
Of Strengthening cattle might be carried on. and
that said Jackson s. Schultz said that he
Interested IN large slaughter house IN
the vicinity OF 105th street. which the butchers might
get accommodation. Seven persons taat the
business conducted by painti(s not nuisance
The affidavit OF William Laor treasurer OF he Butchers
Hide and Melting Association, set forth that Jackson ).
Schultz is large dealer in hides &C., and has been
open and notorious his hostility To the association
which regarded by him other hide doalsrs in
imcal TO their interests; that Schultz declared IN the
presence OF deponent and others that he intended to
revouoDize the business OF bucherng, and dep onent
believed 1t his inten to destroy said sssociauon,
whose business located Fifth street and First
avenue; and that June, 1868, at meeting OF the
butchers aud Board OF Health schultz said, In the
course OF q violent haranguc ''Gentlemen 10 makes
no difference whether you nuisance or not; You
are oHensve aud you nave got to go beyond che ctY
limits. or words 10 that effect
Tue case came up for argument the question
whether there were any essentially features the
action not involved the OF ohnsmau and valsn
tine, nov pending before the General Term. Mr. Shaer
claimed that the under consideration differed IN
several respects. AZ foilous:-The above
TONED asked for relief from threatened enforcement of
too alleged d.sppc aud unconstitutional order whorses
10 the present case The order had boon carried into
cAcct secondly, that proof OF premises bong
nuisance had hseu taken by tho Board that duGi.
cation bad been grantee upon the question before the
defendants and no notice served.
Ar. Eaion, behalf OF the defendants claimed that
10 tho cases pending before the General Term
material and essential question involved in tne present
case covered, including the consutonalty of the
Board IT, mode OF action, its legal powers, &C In re-
ier.n2 70 an aluson made by plaintiffs counsel that
his cients were Frenchmen, and mad sought in their
adoption OF America az their nome the inmunes de-
MED them in France, defendants counsel stated that In
the city OF Paris there had been private slaughter
house SINCE the time OF tho FIRST Napoleon and that tho
slaughterng was wholly conducted III public abattoifs
aud il was that plaintiffs should enjoy mmu
highly beneficial IN their native country The aidavt
OF Jackson s. schultz denied substantially the al!ega
lions made reectin2 upon him personally, and the ALL
dav OF the secretary Of the slaughter house at loom
street denied that Mr.. Schultz IN any manner per-
soualy pecuniary interested in that establishment.
Mr. Ea then proceeded at considerable length 10
dcate the reputation Of the defendants, and empbat
cay denied the aspersons made regarding the President
Of the Board Of Health.
Mr. Shaaer then replied briefly, and at tho close OF
the question as TO whether the under Iteration
was COY cred BY the preceding casos.