The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-07-24
Beginning and Progress Of the Work and What
the People Thought Of It.
WATCHING THE WRECK.
Scenes and Incidents in the Streets In the
Vicinity Of the Market.


vicinity OF ashington Market was carried into
eject last night, and the structures are by this
time completely swept away.
In view OF the multiplied interests involved, and
the jeopardy In which these interests were placed
through the proposed action Of ths Health Commits
s0ners, it could hardly be otherwise than that the
Courts should be evoked give to the controversy
its final decree OF settlement, With view to this
purpose the aggrieved marketmen secured tho
services OF Mr.. Abraham II. Lawrence Jr., and the
latter. addressing himself to the cxigenccs OF the
case and the interests OF his clients, resolved at
once TO apply to some Supreme Court Judge for an
Injunction restraining the health authorities from
their work OF demolition. Having prepared the
necessary papers, this application was made yes
terday before Judge Pratt holding Supreme Court
Chambers. Az the basis OF the application was
submitted the
COMPLAINT or THE MARKET MEN.
This Is q somewhat formidable document in
length, but the gist of 1t can ne given in
very few lines Some of these booths aud,
sheds which the Board Of Health now sought
to have removed, 1t Ia stated. have been
rented by their present occupants thirty
years. They are rented from the city and the pro-
ceeds, some $40, 900 year. are turned for the
benent Of the Sinking Fund. 1t Is stated further
that they furnish employment for some twelve
hundred persons; that from here great portion Of
meats and fruits and vegetables; that the gross
sales $50 900 year; that a great deal Of
money has been expended In their construction;
that the good will and profits are OF great value,
and that their removal would be the destruction Of
their business The last allegation Is that they are
not nuisance. Messrs. Leonard and Richard Fl.
Thorn, Henry Combs e. Harrison Reed and NJ. M.
Dorian are the particular complanants, but claim
to represent all the others.
THE INJUNCTION ASKED FOR
was directed against the Board OF Health. the
Health Onicer OF the Port and the Police Gommis-
sioncrs, cnioning these public onicials, stated
above from tearing down the premises the com.
plainants are now occupying, contiguous to WASH
ington Market, for market purposes and rom in any
way interfering with their business. Mr.. Lawrence
enlarged at eloquent not to say feeling length
upon the points set forth In the complaint. To his
remarks Judge Pratt listened with his accustomed
| patience and serenity and then, after scanning
the papers to set at rest any doubts he might have
| in the matter, signed an order for a temporary
| injunction and also for order to show
cause why the same should not be continued, the
latter being made returnabe at hall-past ten
O'Clock this morning. These proceedings, it will
be understood, were all er drte. Up this point,
as far as the Courts were concerned, matters had
progressed most favorably Tor the aggrieved mar
ket men. Victory perched on their banners. The
misfortune of 1t, rather good fortune was that
there are two sides to a law question.
OPPOSITION TO THE INJUNCTION.
Mr.. Z. Delafeld Smith, Corporation Counsel
and Mr.. W. r. Prentice, counsel for the
Board OF Health, soon got wind of what
had been DONE They were quickly on hand
to-day and upset the injunction. Mr.. Smith
dwet on the Importance OF regarding the public
health above any private considera ions. He asked
that the injunction be set aside and quoted at
learned length the statutes applicib to the case.
He based his application to have the Injunction
vacated upon the statute Of 1867.
Judge Pratt said that he understood that the
charter repealed this statute. The chief ques-
ton involved was, in his view, whether the COM
plainants had received eight days notice and had
had the opportunity OF being heard before the
Board OF Health to the necessity OF the dcmoli-
ton of the stands. He thought That unless there
was imminent danger such notification should
have been made and an opportunity given of being
heard.
Mr.. Smith thereupon submitted two afldavits--
one OF Edward B Shafcr, superintendent OF In
cumbrances stating that he gave the marketmen
notices the 18th OF July, issued by the Board OF
Health as to the removal OF their stands, and the
other OF Mr.. Chandler, President OF the Board of
Health, ,at the market men had been heard
through counsel before the Board OF Health.
Upon this state Of facts Judge Pratt directed an
order to be made vacating the previous inJunc-
ton. but letting the order to show cause stand.
The argument upon this order will be he ard this
morning.
As soon az DR.. Chandler found the Court had va.
Gated the Injunction he posted to headquarters and
sent out In search OF a man who would undertake
to pull the booths down at once. His messenger
soon returned with the individual desired, and
conference was held AS soon, how
f,,,vx1
was wanted Of him he refused to
undertake the job and left the building. This
rather frightened the health authorities and they
applied to the police for protection. The Commits
siorers OF Police assured them That strong guard
of police would be sent to watch for them while
the work was being conducted President Chandler
then went in search OF another man, and had con.
siderable am Guilty in finding one. In the mean
time the Board Of Police sent for Inspector Wall
ing, and desired him 10 select as many oficers
from the different precincts as would
be necessary to help the health authori-
ties and preserve the peace during their
operations Inspector Walling issued instructions
TO the captains OF the several downtown precincts
and awaited the return oil President Chandler.
About six O'CLOCK in the evening he put In an APP
would lie ready at eight O'Clock. Inspector WALL
ing telegraphed TO the captains to meet him at the
Third precinct station house at that hour with
their commands. Close upon seven O'Clock num-
Der Of
CARTS AND WAGONS
carrying men, arrived in front Of police head.
quarters, and created commotion. They were
the carpenters employed to tear down the booths,
and they were evidently prepared Tor
the work. Captain Yule, Of the sanitary
their movements. Az the appointed time
Captains Ulman, Van Dusen, Kennedy, Cafrray,
Williams, Lewes and Garland, with two sergeants
and about twenty-five men each, arrived at the
Third precinct station house. They were received
by Captain John Williamson and assigned
positions in the street until the arrival of
Inspector waung and Captain Copeland
When these officers got on the grOund
q consultation was held and the several Captains
were assigned positions around the market. At
eight O'Clock the column OF police moved from
van, and Immediately took up positions
around the market A number OF the
sidewalks among the crowd, and these were