The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-15
THE COMMuNIPAW ABATTOIR.


Yesierday-The Abnttoir Declared "a Nui.
sance-HOw the Announcement was Re.
Observation-Disclosures Among the Butchers
and Drovers.
The war on the Communpaw Abatt0ir which has
been waged by certain parties in Jersey and Bergen
cities since the completion OF the structure was car
ried into the courts yesterday on motion before
Chancellor Zatriskie at Jersey City that an injunc-
ton do issue restraining Henry X. Payson, Isaac
Freese, Jr., Samuel W. Allerton, David
Sherman, James Mcbride, George Bartlett and
others from doing the acts alleged against
them in the bill OF complaint; that the foregoing
persons may answer to the bill; that the act moor.
porating the New Jersey Stock Yard Company did
not operate to repeal certain acts named or the
torney General Gil christ appeared In support OF the
motion, The reading OF the bill of complaint occu-
pea ly TWO Yam hours Wr ne sre
John A. Post, DelOs +. Culver, Ephram W, Buck,
william keeney and John X. Halliday, owners OF
property affected.
THE BILL OF COMPLAINT
The complaint sets forth that the act incorporating
the PEW Jersey Stock Yard Company nowhere
denver or transfer live stock or dead or uns0und
animals or TO take care or subsis handle or render
same simply erect and maintain the yards,
&C., necessary to enable others to do such acts.
The bill also sets forth tnat the Offal renderng-lf
authorized at al--shOuld be done III careful man.
ner and without any injury to the health or comfort
OF the people, that the population OF the vicinity at
the time the ADatOr was CONSTRUCTED was LOU per-
sons, who had chosen 1t because of Its
peculiar desirahllty for residences that
many OF them had invested in real estate there with
the view OF ultimately selling at profit; that up to
that time It's value had been steadily increasing.
The bill then describes the location OF the AbaltoIr
its otensiveness and the lmposslbty Of carrying on
the business in any other than offensive manner,
and alleges that It's conductors have been negligent
and unsKful; that in consequence thereof the health
and comfort OF the people have been seriously IN
ured that DelOs L. Culver recovered from them
seventy-hve dollars and costs therefor in the SUI
preme Court, by certiorari that an indictment there
for by the Grand Jury Is pending against them, but
cannot be tried until October; that they nave dis
regarded remonstrances by the cltizens that when
an eXamina ION was made OF the institution by New
York physicians and others IN July last, at the time
the visit was made the tide being high the wind OF
shore and preliminary cleansing of the outside
having been done, no proper Judgment could be
made.
THE INJUNCTION GRANTED.
As the Stock Yard Company was not notified Of
this motion, and consequently not represented by
counsel, the Chancellor woula not admit the main
altogether from killing cattle &c, and the company
WIN accordingly be granted hearing on that ques-
S ne a him was ba, here exs ro s e
grounds OF complaint, and as the law
very explicit regarding nuisances, he would grant
the relief asked for by issuing an injunction restrain
ing the stock yard company from doing those things
alleged against them In the bill, namely:-Causlng
oal, blood and filth to be collected and TO accumu.
late IN such manner that the stencil arising there
from was injurious to the health OF the inhabitants
In the vicinity. The hearing OF the case was set
down for the Sd day OF September.
HOW THE ANNOUNCEMENT WAS RECEIVED
As soon as the Intelligence was conveyed to the
abattoir, where it was most unexpected, there was
little commotion. large number OF men are
employed in the establishment, and the announce
ment was q matter Of deep concern to them. The
men ran in squads TO the Office Of the superin
tendent Mr. Freese but he was not TO be
found. Mr. Payson, the president. was called for.
but he too had left. There was no design in
this, as business Is very light on Saturday The
only member OF the company on the premises at
eight O'Clock last evening was Mr.. NJ II. Glett, and
" In cd off
to the residence of Mr.. Winfield, their counsel at
men who discussing the situation.
1t could be easily seen that any effort
ase wifi excite mons
hundreds, and evoke protest too earnest and sig
nincant, perhaps, to be dlsregarded. ''Why should
we De trampled upOn,' asked one, ''by few disap-
pointed real estate SPECTATORS who are almost to
man directly interested the cattle yards at Vice.
hawken, and who will therefore strain every nerve
to crush TINS rival? Let fight 1t out 10 the death
with them" This observation evoked a hearty
Spouse from crowd of drovers ana butchers who
were standing by.
WHAT THE DEFENDANTS WILL DO.
When the case comes up for hearing before the
Chancellor the counsel for the defendants will move
to set aside the Injunction and In support or their
motion will adduce the testimony OF such medical
authorities as DR.. Swinburne and Dr. Sayres OF the
Metropolitan Board OF Health, and DR.. Mulcahy, OF
the Hudson County Medical Society, besides
during the warmest days OF the season.
The question whether the Injunction should extend
to the killing OF cattle, &c, in the establishment
Will also be taken up. One thing Is quite clear
namely, that the stock yard company will contest
the case inch by inch TO the highest tribunal and
in the complaint. Such was the result OF con-
sultation held in New York by members OF the CON-
pany last evening.
messenger was despatched to Trenton at noon
State attached to the writ; but IL had not been
served up to q late hour last evening.