, 1873-02-04
THE PERFumERY WAR.
HYDE Park Seeks to Dissolve the In
junction in Favor Of the Fortil-
;.: izing Company.
An Unsuccessful Effort by tho
latter for Delay.
Arguments Before Judge Farwe1l on
the Motion to Dissolve.

Company Was resumed yesterday morning be-
foro Judge Farwoll In tito Circuit Court that be-
ing tho time set for nearing tho argument on
tho motion to dissolve tho injuntion against tho
Hyde Park authorities. Tho lattor wero repro
sontod by Oharloa Hitchcock, Sidney Smith, and
Mr. Looming us thoir attorneys, whilo for tho
othor side thore appeared Leonard Bwctt, Cory
don Deckwith, g. H. Hardy, and J. J. Horrlck. =.
hIr. Hitchcock read tho answer Of tho defend-
nntB, sotting forth, anong other things, TINT tho
establishment Of tho Fortillzlng Company, and
tho caroleBs nul alovonly manner in which 1t iH
carried on is nuisance, mud aB such Is in direct
violation Of tho ordinances Of Hyde Park, which
should bo enforced rs against tho charter hold
by tho Company; Tint tho cffluyia resulting
from tho pi1ing up Of ofrnl at tho works iH dam
gorous to tho health and injurious to tho prop
erty OF tho peoplo residing within two miles
thereof; and praying tho Court to dissolve the
existing injunction, 30 TINT the authorities of
Hylo Park may no enabled to onforco thoir Or
diuanoes.
Mr.. Swett for the complainants, road the aft-
dayit Of r. ". Ralston, Vice President Of tho
Northwestern Fertilizing Company, In which it
is got forth that tho works wore sct in operation
again on tho 30th Of january, 1878, with q capao-
Ity for tnking caro- OF 80 tom Of offal per day,
TINT in 80 days moro tho capacity will DO In
creased 30 tons per day; that In the noxt ensuing
80 days tho capacity will bo increased 90 tons per
day more, and in tho following GO days tho ca-
paoity will bo still further increased that tho
work Of reconstruction WAS begun on the day
following tho fro on tho 1st day OF January, ind
haa boon carried forward with all possible dill
CONGO; that before the fro theao works were tho
largest In capacity Of any in tho world, as they
could utilize and dry 100 tons Of oHal daily, aud
/ grind 40 tons bosidoH; that, by new improve
monts in machinery, they now save 60 per cont
| OF the animn1 matt0r inBtoad of 80 por cent, Oh
before, md II por cont of, ammonia, instead Of
now in progroas, tho ,dintculty Of
tho smell WI 30 eventually ovefcom1
| as it is possible to do; that auch material MS
| cannot be Immediately worked up Is doodorzcd
| by .chomicala, as far aa possible; that those
| factB can be proved by the testimony Of Profess
sors Hirscl1 and Delafoutaino, chemists and
| largo number Of tho work1non employed at the
factory; TINT this testimony can bo procured by
| the next term Of the Court, and continuance Of
tie motion until that timo ia asked for, on the
ground that it has boen impossible to procure
tint tcatimony up to this time, by renaon
Of the shortnoaa OF tho notice, and the peculiar
difficulty Of tho caao.
of public Necessity is not affected By the answer,
which cots up that 1t ia tho duty Of the Court to
enforce tho ordinance Of the village Of Hyde
Park as against tie chartor conferred by act Of
! the Legislature. It lnd beon Impossible in tho
short time allowed to procure testimony to prove
| TINT tho Company wero careless and negligent in
their manner OF conducting tho business, and as
tlis was an important consideration ho asked
Tor continuance, in order to procure the do
Tho court aaid it would hardly be clnimed by
counsel on either eilo that the operations Of tho
Festniziug Company wero not nuaanco. This
proceeding Of tue Hyde ras anthotities YES not
rying on Of the oifal rendering busineaa care-
loBBly aud negligently, but to preyont al-
togethor its being. carriod on in the
tho powor to enforce their ordinances passed for
that purpose. Tho question in this caae was
not aB to conducting the business successfully !;
that WAS a comparatively small matter, and
proof on this point would bo Of little Importance.
The question waB, Has tho yillago tho right to
pass aud enforce ordinances against nuisancos
/ Tho motion for a continuance until next term
would therefore bo denied; but tho complainant
would bo permitted to uso tho atiiiaSits Just
read in resistance to tho motion to dissolve tho
hIr. SWEET asl.ed leave to amend tile bill Of
complainant 80 AZ to make tho Corporation OF
fcrlng with tic motion for an injunction.
mr. Smith said no objection Of q technical
character would be raised.
llr, swett said it would DO necessary to dovotc
6b1no ttmo III BotLlng to6othor authorltlce, nnd
ponod until Tuesday morning.
Tho Court was asunwilllng to do this. ns 1t would
interfere with tho docket Of sot cases, and took
recoas Of two hours, at tho expiration of which
time tho various attorneys mado tholr appear
anco, supplied with no ond Of pondorous tomoat
Tile remainder Of the afternoon was occupied
by Charles Hitohcook, Esq, for tho Hyde Park au-
thoritios. In big argument, Dlr. Hitohcook tooh
was nuisance, and aa such, came under the
ordinances passed. BY tho Board Of TruHtoca OF
tho village Of Hyde Park, such ordinances hay.
ing boon enacted undor and by virtue Of the
general Inv relating to yillaso organization. H
maintained that tho power to pass such ordi.
nancos was vested In the Board Of Truetoos b,
statutory enactmontB, aud taut those ordinances
must tako preoedence over tho special charter o1
tho Fertillzing Company,
Arguments by tho othor counsel in tho caet
will bo hoard beforo Judge Farwoll to-day.
n Jefferson County nv. Ny rr3saces".
Now TINT the death of Louis NAPOLEON ilan sci
evorybotya tongue wngging, wo Slsull lnye
fresll batch Of Bonapartiat scandal. The New.
ark IN, ~ Sunday GaN gives us tho following
, Joseph UonapRrto, e1-king of Spain, without