The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-08-03
A SANITARY VICTORY.
Fulton Market Booths Demolished
by the Board of Health..-NO +
More Clam Soup or Coffee
Over the Gutter.
LAW FROM JUDGE PRATT.
He Declares the Health Board Compe-
tsst to Remove the City Hall After
Adjudging It Nuisance

Adjudging 1t Nuisance
Eoform has won the day at Fulton Market.
fhere will be no more clam soup or coffee and
cakes over the cutters in Fulton or Beekman
street. will there longer be fruit sold on the
outer edge Of the South street sidewalk. Before
shis is read the shanties will be piled with other
old lumber in the Corporation Yard.
There was little traflic yesterday in the OUTSIDE
stalls at Fulton Market Many Of them showed no
stock fer trade; others kept up a small business
till afternoon. BY two O'Clock the fires were all
dead under the coffee boilers, the clam soup
had disappeared to bubble no more forever,
and only few baskets OF fruit were
left to suggest the ancient attractions OF the rows
or booths which have for more than an average
lifetime shut out the light from the market and OBJ
structed both sidewalks and carrageways.
great crowd gathered early in the day, and till late
in the evening the walks were thronged
with idlers drawn by curiosity to see
the rotten shantes swept away by the
sanitary squad. From all the stands the owners
took away all the more valuable fixtures and por-
tons OF the structures. Those on Fulton street
we're either entirely or nearly removed by the
owners. glimpse at the sites they had occupied
revealed abundant denominations OF most ofYen-
10 them by the Board OF Health.
SOURCES OF DISEASE AND DANGER.
ing over the gutter and resting upon the sidewalk
nagging. On these the floors were nailed. the
pletely nlled with mud, oyster shells and other
Nth which evidently had not been disturbed for
years. AS these foul collections were subject
be wet after every rain or snow, they must have
almost constantly given or offensive smells and
been abundant causes OF disease.
THE SOUTH STREET ROW.
Along South street the shanties being built
shout ten eet into the street ana their roof being
2 continuation OF that over the market, IL was
dreds were passing, the counters, tables, shelv
ing, Ice boxes, gas fixtures and windows were re-
mGyed dTEp S the day ana the f9St and walls re-
pers, which was appointed for eleven O'Clock at
Like most public meetings the reform raid was
behind time. soon after midnight there appeared
IN the neighborhood OF the market large police
force under command OF Inspector Walling captain
Canrey OF the Second precinct, and Captain fule,
OF the sanitary Police.
At hali-past twelve sanitary Inspector Gridley APP
peared with a large posse OF German sappers,
equipped with ladders, ropes, axes and crowbars.
They went eagerly at the work In which experience
had made them expert, They began at Front and
Fulton streets. Passing rope round standing
men would soon loosen IT. and down came the
ehed with thunderous clatter.
Az one O'Clock the Fulton street row of stands
were leveled and their remnants being rapidly
loaded on the waiting trucks. The South
methodicaI treatment and slower progress,
as was necessary to cut the ROOF from that OF the
market, with which it was joined. Thorough work
was made OF the dark job. Farewell to the
gutter nulsances OF the two great city markets.
The Case I'm Court.
As stated in the HERALD Of yesterday Judge
Pratt was expected to deliver his decision yester-
day morning at the Chamber session Of the
Supreme Court upon the application Of Messra
Brennan, Martin and Dunn, three Of the South
street SHAREHOLDERS for an order to restrain the
threatened action OF the Board Of Health. Mr..
Prentice, for the Board, opposed the motion. Mr..
Brooke, who appeared for the petitioners said the
market buildings are not Of the character referred
20 in the notices OF the Board OF Health There Is
IN issue on which your Honor should be satisfied
before the Board can have right to 60 on with
this matter In the next place, with respect the
term nuisance" In the act, submit that that Is
technical TERM The mere opinion Of the Board Of
Health that any building place Is nuisance
cannot be substituted for the Judgment OF
competent Court as to what Is a nuisance. BY the
notices referred to the Board proposes, in conse-
quence OF the existence OF what they call
nuisance not to abate It, but to destroy the place
in which it is alleged to continue. This is in open
conflict with the constitutional provisions, and the
Legislature cannot confer any such power on the
Board OF Health. II there is to be absolute
BtructiOn OF this act, that the Board viii have
power to destroy the property OF individuals there
can be no question as to the conflict OF such pro-
visions with the constitutional rights of every citi-
keu III OTueT 10 pTcScut tHdt qucstlOu, WHICH mas
not yet been presented, and as a positive Issue is
made and the facts are denied which the Board
proceeds. We ought to have our order TO show
cause. Then, If the Board can show that such
things are q nuisance and cannot be abated with
ont destroying the place your Honor refuse an
injunction. and there would be no remedy for the
parties maintaining the nuisance
POWERS OF THE BOARD OF HEALTH.
Judge Pratt said:-The answer to all these sug
the act The act has been held TO be constitu.
tional IN the DE Peyster case go N. ~ In con.
sidering IL reference must be had 10 the object OF
the Legislature, which was to protect the life and
health OF the inhabitants OF this city. II any
could challenge the decision OF the Board OF Health
and frame an issue, and have 1t tried by jury,
that would be.the only proper method to determine
would be thwarted' which was to give summary
remedy In sucn cases. Again, the suggestion
that they contemplate the destruction Of private
and such an act is unconstitutional, they
would be liable as trespassers ab t,ttto, and the
parues nave their remedy at law Tor all damages
Oy reason OF the act on my construction oil this
statute, the Board have full power, even on per-
sonar examination, to declare a place nuisance.
At Is not necessary IN every instance to have the
formally OF sworn evidence before them. They
can take such evidence az IN their Judgment sat
Isles them that any place occupation is danger
GUS TO health They can make entry In their books
and serve notice on the parties, and give them an
opportunity TO be heard, and then they have right
70 abate the nuisance.
There may be doubt as 20 whether some parts
OF the act are constitutional but IL is not the prac
tice OF the Courts, IN Chambers Special Term TO
declare solemn act unconstitutional. II is only
such acts as on the face of them are apparently
unconstitutional that Court In Chambers win de.
clare unconstitutional.
The suggestions made are answered by the suc-
gestions that the parties have adequate remedy at
law for all proceedings OF the Board Of Health
Mr.. Brooke-In the order ask for the Court
can protect the rights OF the Board OF Health and
convey all the power to them by adjudication on
the motion in its present shape. II there Is a sug.
geston OF the consrltutionaty of the act and
Your Honor thinks that II ought not TO be passed
upon In Chambers or Special Term, you have power
70 declare that the Board OF Health shall proceed
70 abste the nuisance, and the Board have the
right to prevent the parties from occupying the
premises for the purpose OF creating a nuisance
pending the litigation; but there Is no remedy at
law for the destruction OF premises in which busI-
ness is carried on, the profits OF which depend on
she contingencies OF the business In future.
1 there Is no remedy for the unlawful usurpation