New-York tribune., 1873-07-25
THE MARKETMEN'S LOSS.
AHUNDRED SUITS TO BE BROUGHT AGAINST
THE CITY.

marketmen is unabaed. Yesterday, at 1Ok m, the
srder for the Health Board 10 show cause why they
should not be permanently cnOiued and restrained from
removing destroying, or in any manner interfering
with the stands around Washington Market was return
able before Justice Pratt, sitting In the supreme
Court Chambers ana the court at that hour was
filled with uarketmen and lawyers. Abraham H.
Lawrence appeared for the Washington Market ASsoe
alton, and Corporation Counsel E Delaheld smith ana
William p. Prentice for the Health Board.
Mr.. Lawrence said that the order granted by the
Court. requiring the Health Board TO show cause Why
they should not be restricted from pulling down the
stands 40 Washington Market with stay OF proceed
ins until argument should be heard had been set aside
without any notice heug given either to himself or the
parties Interested The Board had then proceeded 10
destroy the stands and had them to the ground
lie had not therefore, yet determined what action to
take and desired that the matter be laid over Tor lew
DAYS These stands had been erected in 1872 and 1t was
until very recently discovered that their destruction
was necessary the health of this city BY this sum
mary action 200 families had been deprived of q
means OF subsistence.
Mi smith, replying for the Board OF Health, said that
notice had been given. The occupants Of the stands
lived on the fat of the land, and making money
honestly, he would admit; but they were able and
willing to sustain the stencil and corruption by which
they were surrounded. The poorer people, however,
could 1t, and pecuniary interests could
not be allowed to weigh in the balance against the
health OF a great city. These marketmen and
women were intelligent and industrious, and
would find other places 10 resume their business
soon in the vicinity Of the market, and they
would afterward admit, as others did. that tho
action Of the Board Of Health proper The thanks
OF the community were due the Board and 20 Judge
Pratt for the prompness with which the work had been
pursued. would call the attention of the Court 10
the fact that in injunction could not issue
against tho Board OF Health without days notice The
stands had down, and therefore there could
in nv ON m order to
show cause why they should not be destroyed
but be presumed his learned friend (Mr.
lawrence would b2 able to give the city
some trouble the question Of damages
The action OF the Health Board had been
dictated by o desire 70 take preventive measures
against disease and tbey had abundant reason to be
ueye the sheds around Washington Market detrimental
TO health and dangerous 10 e they could show by
afhduyts prepared to be filed IN the case. After sick
ness had broken out It would be too late, and there
would hc great public Outcry against the Board they
proposed 20 to protect the health Of the
city and believed themselves fully justified IN their
course Of sctOu.
A. L Lawrence, counsel for the Washington Market
Association replied that the notice which Dr. Chandler
swore to having served the st~hOlders was not OF
the character contemplated by the law He had there
fore complained TO the Corporation Counsel and he now
ADDED complaint that the order staying proceedings
had been wroneuy vacated. The statute directed that
the Health Board, before destroying property, shall
order to that effect upon their records, and
cause copy Of the order served upon the owner,
occupant, lessee. the person most interested IN
its execution VINO were the persons most interested
in the destruction Of the Washington Market Stale
Clearly those who had occupied them for thirty
years, who had paid rent for them during that time
Counsel says they have been heard This is not true IN
point Of fact, Every occupant should have had an
opportunity 20 20 before the Board and be heard
Instead Of this OF them, hearing through the news
papers that the Health Board about to organize
mob. and 20 down and destroy their property, went
before the Board and made speech. This is not such
hearing the statute contemplates was before the
court in lsC5 protect Washington Market against
similar attack from the Metropolitan Board OF
Health, aud an order was then granted per
Ietulliv eu,ouiDg the Board from intericr
ing with il. II the Health aboard is tie
successor Of the old Metropolitan Board Of Health they
are bound by the Injunction and am willing to 20 be-
fore community and show that these gentlemen who
profess be soctOus in regard 10 the interests Of
the city are regardless alike OF the interests Of the cit
zen and OF the order OF this court II they not the
successor Of the old Metropolitan Board Of Health, then
1 maintain that the Legislature has DO power to limit
the equity jurisdiction Of this court, and that II was not
the intention Of the Legislature 20 deprive the citizen
ofl lust ghts. Mr. Lawrence said that as the mis-
chief designed to be prevented had already been DONE
he would Ike TO have the matter lay over till Monday
the members OF the Board who in their anxiety TO show
their zeal for public health had destroyed so much
property and ruined so many men, would nave great
deal 20 answer for
The CORPORATION Counsel made no objection to this
and after consultation, the hearing was adjourned 10
Tuesday week.
Mr. smith, as he was coming out OF the courtroom,
told TRIBUNE reporter that this would probably be the
end OF tie matter far that motion was concerned
because there was nothing more to e1join the Board
from doing but there would very hkely be SUIT Tor
damages against the Health Board
The TALK OP MARKET OFFICIALS.
The reporter went from the court 10 Washington
Market the scene OF the previous nights raid. On
West. Vesey, and FuOn-sts. the sheds had been re-
moved up the curbs, leaving only the narrow
strips which had projected over the sidewalks The ais
possessed standhoders standing about some list
essy gazing upon the ruins Of their old bunesspaces
and others standing constantly shifting groups, dis
oussng their wrongs excited manner. Tie heayi-
est sufferers were occupants Of the meat stalls on
West-st some Of these sell commission, and others
hl their own cattle and sell the beef in the market
The former for the most part found friends In west
Washington Market across the street, who shared
their stalls with them so they were able. The
latter the part ordered their meat back 10 Their
saughterhouses, where they sent their customers
Some these dealers business Of 5000 or 5000
day and the loss Of business suffered yesterday by the
Westst standhoders alone is estimated at 100000.
The reporter inquired Of MI Thorn, the Collector OF
Washington Market relation the notice alleged to
have been served on the marketmen by the Health
Board. He said that such notice had been served.
week last Friday Mr. shOeer. the Inspector Of In
cumbTances IN the Department Of Public Works, visited
The Market and that complaint had been made by
the Health Board 10 Commissioner Van Mort and that
was proposed 20 the sheds projecting over
the street following Monday. He was one Of the
committee who called Mr.. Van Eort in
regard 70 the matter, and who were informed by
him that the demolition would be postponed until a
week from the day named, and that he would take