New-York tribune., 1873-07-31
MTDcUM.MER PERILS.
SANITARY MEASURES OPPOSED.
July 30, 1879

SANITARY MEASURES OPPOSED.
THE NEw-YORK FERTILIZER COMPANY APPEAL TO
THE'CoURTs AGAINST THE BOARD OF HEALTH.
Mr.. Prentice appeared in the Supreme Court
yesterday, behalf OF the Board OF Health, on an
order granted by Judge Pratt 20 show cause why an
Injunction should 10 restrain them from inter
fering with the business Of the NewYork Fertilizer
Company. Mcssrs Vanderpoel Wardell appeared for
the Company. The papers submitted on behalf Of the
Company, including the affidavit Of II. g. Hobc, Pres-
dent OF the Company set forth that the plaintiffs have
purchased from the lessee OF the pier at the foot Of
West Forethst which f. private property, the right
to move their vessel the Algonquin, there; that in
rying on their business they take every day sweet rich
blood from animals killed at the slaughter houses and
put 10 into air and steamgt tanks and dry it perfectly
IN few hours, and make 1t perfectly free from odor
and by peculiar process all gases and odors created
during the drying are consumed.
judge Pratt asked whether the Board ~ Health had
decided the business TO be nuisance. Mr. Prentice
said they had The plaintiffs applied for permit In
june and the Board refused H. and sent them order
to remove the business a nuisance detrimental to
health.
Mr. Warfel said the Board ignorant o. the plain
tis business they base their order on statements
that the plaintiffs chemicals and boil oifi, which Is
untrue. In conclusion he asKed for an Injunction on
tine ground that tho interference with their business Is
malicious Seven Of their men were arrested allie
CATION that they boiling oll and three for storing
of on the vessel which untrue. Tae order of the
Board prevents the carrying Of the business within
the city limits and orders the removal OF the Algonquin
from New York within three days. Every day that the
business Is discontinued they lose $780, and they have
1000 invested in tho business. Counsel then read af
davts OF Mr.. Chase, President Of the Company, and
four or We residents OF the ne;hborood who hold the
manufacture not 70 be nuisance.
Mr.. Prentice read q counter affidavit by Or. stephen
Smith, who inspected the plaintin. place. and declared
it to be nuisance and that his clothing saturated
for days after his visit with offensive ot1rs similar
gGisaylt d.. Chandler OF Tic Board o. Health was
read.
Judge Pratt asked what proof thore was that tho
Board took evidence and acting udlealy declared the
Mf. Prentice replied that they had entefed 1t on their
books as a nuisance, the report ~ tLgir ant
sanitary Inspector, Dr. James. They had declared
nuisance detrimental TO health, ana no modification of
their order ever slpIed for; tie Company never
asked be heard but they into Court and asked
remedy which the law roe5n'- give them, that no
order, De stea against tLrm 4he BoirI are ehiOa,
cred to declare thing nuisance whichis cctriIent
10 life health In addition % hf powers under tbs
sa1tary cole and lnder The SratUr tc plaintiffs have
10 standing in Court IL would not 90 Tor tne lie aud
e;ts of few rf s0us are H. Court who arc accustomed
10 these doors and IND them so sweet.
Mr. AAljeIP2yI siI iLey were not gong 10 atk Tor
AGAINST them 4s Z m snGh'5 afla{lfit WIS in
ee6Jns. lie states that he has frequently Inspected
tue place within the last six months; bat the p"ht
have oT1y hal ihe place ihiee months ana h, aaIs
the business was nuisance because u was Improperly
carried on but the business Is not per 81 nuSinre
on the contrary the LEGISLATURE gave tem al act VI m
corporation 10 carry ~ on. Tue power 81 Tie boid VI
Health limited, ana the Court OF Appeals has dceided
that II judicial. Counsel read n opinion OF Judge
Sutherland lhat the Board have 10 power 10 declare
anything n nuisance which not suCn - rH.n'l Law,
Judge Pratt said he tholght arresting the men, &c,
was travelling outside Ct the statute,
Mr. Prcuticc-l IS Tor Individual ofeuscs; Capt. Ne
uwaines alhdayt shows that they were conveying Of
tensy O matter apd this l. against the code.
Mr. Wardeu-We deny both Tue powers and the coma
IGes a. the Board
Judge Pratt said he would decide tomorrow whether
he would gran. tie mi junction OK not MI NndcpOel
ked Tor permission 10 conduct tie business ia the
meantime but Judge PlatJ said u TIE Board lLlcr eird
with them. a.d lie decided thcy mai 10 Usli do So
the plaintiffs would nave their remedy.