The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-07-29
THE PUBLIC HEALTH.

Tho Nusances ON Thirty-Eighth street and
North Rivcr-The New York Rendering Com.
pany and Other FaI.B0iling Establish
ments-The Duty of the Health BOard-An
Important Precedent.
What are the duties Of a Health Boards Evil
dently-at least, so common sense would teach-to
preserve the public health As coroary to this
and necessary complement Of this duty, 1t follows
that the Health Board have power to abate and
remove whatever may be calculated to affect
injuriousy the health of the public. Under
the law creating the Metropolitan Board
Of Health, investing 1t not only with
all the powers OF the Qon1a Street Inspector, but
granting 1t further and more sweeping authority, the
Board are clothed with all that Is necessary to re-
move and abate nuisances
AN IMPORTANT PRECEDENT.
There is case in point, well remembered by the
public which proves It, One Of the early acts OF the
Health Board was an order compelling the removal
of slaughter houses to the northern, less thcky in
habited portions Of the city, The butchers in diff
ferent localities In the central part OF New York OPP
posed 1t, claiming the order to be an unwarrantable
interference with the vested rights Of private pro-
perty and with the freedom Of trade. The courts
below, in which the litigation was first
begun, sustained the view of the butchers
and the Health Board was enJoined from exc
cutting and enforcing its order Of removal. An
appeal was TAKEN and finally the court Of last re-
sort the Court Of Appeas fully sustained the power
and authority of the Board and the legality Of its
order, the inlunctions dissolved and the oren-
sve slaughterlng establishments promptly removed.
Although, as strict rule OF law, the Judgment Of
the Court OF Appeals directly affected only the par
tcular case before 10 for consideration, still me
sion stand in the light of authority and all sub0rd
nate courts are to be guided by IL In the disposal Of
similar or analogous questions.
In the case referred to, which was an appeal of
Jacob Hustis against the Board OF Health, decided
finally in June $685. the Court of Appeals delivered
| their opinion at length and it establishes prin-
clples OF very broad application rs to the powers OF
ing points-The creation OF the Metropolitan Board
| Of Health was constitutional exercise Of legis-
lative power; that the Board may pass and enforce
subject OF health, and that when the Board makes
an order for the abatement Of any nuisance or the
mental to health there right to review this de-
cison by jury trial or to interfere with It's enforce
ment by Injunction The only is by certtorart,
which, since an Injunction Is prohibited allows Of
| no order staying proceedings"
Tue CASE OF 1HIRTY-EIGHrH STREET AND NORTH
RIVER.
| Here then, we have the powers Of the Health
Board clearly defined and fixed with judicial prec
sion by the highest court OF the State which every
| other court is bound to obey and submit TO-. Hav-
Ing these powers, what Is the duty OF the B0ardY
1t Is but proper to admit that such almost despotlc
| pary occasion; but The condition Of Tnirty-eghth
street, from Eleventh avenue to the North river, Is
| ing Company and other rat and soap boiling estab-
lishments have located and the pestlenta state Of
| the atmosphere demands the Immediate interference
| OF the Health Board
| A short description OF the condition of the entire
neghborhood Will not be amiss. On entering Thirty
eighth street from Tenth avenue and proceeding
towards the Eleventh avenue, one need not go very
| far to experience peculiar change the atmos-
phere surrounding, and which one IL compelled to
| inhae. Advancing further and crossing Eleventh
avenue the stencil Increases and passing further
on Thirty eighth street towards the river shore it
| becomes
| measurably pure air can long stand thls floating
pestilence around him and be healthy. Indeed, the
commissioner OF the HERALD who visited the place
yesterday forenoon, mad hardly passed the gate or
| The New York Rendering C0mpany's dock when lie
had to beat hasy retreat ana apply at druggists
for an andote to neutraliZe the pestier0us air he
| had inhaled the slckening effects of which were
| being rapidly developed, and were becoming DIS
| agreeably felt.
On Thirthy-eighth street, little distance west OF
Eleventh avenue there Is one story brick building
| divided up into several compartments where tbs
fat rendering Is going on large scale. There IRE
steam engines and steam boilers In use, ana nu4ler-
were the ogshcads OF fat ready for OF ship
ment, stored In one OF The compartments TIVE stone
or brick floor Of the nrst building towardshhe ave-
nue. was covered with what appeared the ihtcstincs
" ANIMALS, ana man was engaged Ia sire ling over