New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-08-04
THE HEALTH BOARDS TRIUMPH.

THE HEALTH BOARDS TRIUMPH
DESTRUCTION OF THE STALLS AROUND FULTON MAR
KEr-JUsrICE PRATT DECLINES TO GRANT AN
INJUNCTION.
The coffee and cake, oyster and fruit stalls
around Fulton Market Fulton, South, and Beekman-
sts suffered the same fate Saturday which had al
ready befallen the structures of similar character
around Washington Market The alterations In progress
week ago stopped. when the resolution OF the
Board Of Health announced giving the occupants
until Saturday noon their sheds under penalty
Of having them forcibly torn down Those when had
been 40 far wrecked as to unfit for business purposes
were allowed remain and their small mbers fell INTO
the hands OF predatory small boys There were ABOUT 20
booths in all-13 Fultonst IS on Southst ana on
Beekmanst At early hour On Saturday some OF
the SHAREHOLDERS concluded do the WORK themselves
The work OF demolition begun and went on through
the day in O elsurely manner, only one shed coming
down at O. time. There was little excitement, even
among the sufferers They seem resigned to their fatc'
and many spoke OF the action as wise one on the part
OF the city the wrong having been committed Wheh the
stands were permitted to be built and their occupants to
,ook upon their tenure as safe. The market
men who stood around spoke freely and favor
ably OF the action OF the Board OF Health.
though they expressed sympathy for tho people
temporarily deprived of their means OF support one
man. VINO had been the market over 80 years. sald
that the establishment the stands Fultonst was
the market-especially those in the cellars Some OF
these had leased their stands at rental OF from $1,000
to 600 and tho erection Of the sheds opposite their
entrances not only cut of tho air, but drew away Gus
tom He said that the city ought TO pay damages 70 the
standholders on S)uth-st, their stalls had been
erected under the authority OF the Committee on Markets
| Of the Board of Aldermen, in the days when they
had control OF such matters They erected OF two
different times-when Aldermen Kelly and Dodge were
Charmen of the Committee The street had been made
narrower and the curb removed TO the outer line OF the
| sheds to avoid the accumulation OF stagnant water
under the sheds The stands were as much part OF the
market he thought any Others and, though the city
was perfectly right in taking them away II ought to
compensate the owners who had bought and occupied
| them in good faith.
A the blanks we're removed from over the cutters an
amount of filth and stagnant exposed to view.
which contradicted more emphaticay than words the
in relation ito the cleanliness OF the streets
under the booths. BY p most Of the stands on Full
ton ST. and some Of those on SOuthst had been torn
! down and the old timber carried away. Those which
were left standing had been emped OF their contents
and when at 1880 m the Health Inspector appeared
| with about 100 policemen under Inspector Waling
and Can't Yue, and a large force OF workmen.
the base tmbers Of which the booths were constructed
alone remained. These torn down with very little
ceremony cared of 20 the Corporation fard on the
| North River The sound Of and ak and falling tim
bers was heard for several hours and when the sun rose
Yesterday morning one OF the most Objectionable eye
sores In tho city had become thing Of the past The
value OF the property destroyed estimated at not
far from $4,000 The value TO the city OF clean
| streets and unobstructed sidewalks can not be
computed. While awaiting the arrival of the Inspec-
tor, the Landowners VINO remalneu on Ihe Rrouthu
passed the time in bandynR goodhumOred jokes on the
toned TO look upon as their own. At Fays sh-sanda
wake was held mock coffin, containing, as ndi
Gated by the inscription, The virtues OF the Health
Board and Reformers" On OF the Futon-St stands
was HING pacari early IN tue morning ANNOUNCING
many" They had been long looking for the impend-
ing blow that before it came pretty much all bitterness
Justice Pratt, on saturday delivered 60 opinion on
soatli-st SHAREHOLDERS for an order to restrain the
Health Board from interfering with their places OF bGs
that the word nuisance" tue act under which the
Boards acts, is a technical term, aud that tho mere
| is nuisance cannot be substituted for the uGg
ment OF competent Court. The threat of the Board
contained In its notices to destroy tae places in winch
the nuisance is said 10 exist, IL in conflict with constu
confer such pc yer. The utmost IL can do Is to give
power to abate the nuisance within the building or
ought to have their order TO show cause, that the
question of the powers OF the Board should be fairly
show that the nuisances could not be abated without
the destruction OF the buildings, an injunction could be
refused and action for damages could be maintained
by the persons who were responsible Tor the existence
Justice Pratt said among other things at is compe-
tent for the Legislature to that discretion shall be
vested IN the Board OF Health and that has been DONE
as plainly language do It, and II the act Is const
tona. have no right to interfere II the Board OF
Health determines, In good aitb that the City Hall is
| a nuisance challenge them on the ground
that Is not nuisance and try the ISSUE There is no
authority vested in any other body 10 review their de-
cision while acting in good faith and taking the
sary jurlsdcronal steps. III you ask for an order TO
show you are entitled TO IT, but refuse to grant
| Injunction" .
The order made returnable tomorrow pro f0rnta,
but there was no injunction, the work OIL destruction
| went on.
Judge Pratt also rendered decision at tho request or
Wm p. Prentice, counsel Tor the Board OF Health re-
fusng the application of the New York Fertilizer Com
fnr iniu
strain it from proceeding against Company. He
satisfied that the Board authorized 10 determine
what was nuisance and 70 destroy t Ia summary
way; IL not the province OF the Courts to intr
fere with the Board and that the Company had an AIDE
Quate remedy at law.
1I,A