New-York tribune., 1873-07-23
THE MARKET CONTROVERSY.

LEGAL OPINION OF THE CORPORATION COUNSEL
THE ORIGINAL AUTHORITY OF THE BOOTH
OwNERs-sUPERINTENDENr DEVOEs ORDER TO
TIE CLERK OF FULTON MARKET-PRoGREss OF
THE IMPROVEMENTS IN WASHINGTON MARKET
INTERVIEW OF THE BOARD OF HEALTH WITH
TIE MAYOR.
The contest between the Health officers and
the market still continues, the market men remain
ing sangune Of their ultimate triumph. Several Of the
departments of the City Government held meetings yes
terday and the results do not make pleasant exhibit
for the bOoth-Owners.
The Hon. L. Delaheld Smith drew mp the following
opinion. yesterday afternoon, which he will submit to
Commissioner Van Mort, this morning, relative TO the
legality Of the Department of Public Works aiding the
Board of Health in removing the stands which the
Board believes to be detrimental to the health Of the
city:
LEGAL ASPECT OF THE MARKET QUESTION.
To the Hon GEORGE NJ. VAS MORT, Oommissioaer Of
Public Works.
SIR Your letter OF the 18th inst and its Enclosures
have received my consideration. advise you
First: The Board OF Health having declared that the
stalls and stands around and in the vicinity Of Washing
ton Market nusances endaHgering the health OF our
citizens. is my unhesatng Judgment that full power
and authority vested III the Board to at remove
Second: It Is in my opinion the duty of the Comris
sioner Public Works 10 effect 20 aid Ia such removal
at request of the Board OF Health.
Third Tue views which have above expressed OF tho
the premises ana to receive upon its rcquson the
assistance Of other Departments OF the City Govern
ment, render unnecessary consideration Of the more
difficult question 10 the power OF the Commissioner
OF Public Works TO remove such booths aud stands upon
the ground that they ncumber and Obstuct the street
and sidewalks.
Fourth: The order OF injunction referred to in the
papers accompanying your letter nor In force as pro
hbiton against the action which ;he Board OF Health
and the other Departments of the City Government are
bound 10 take upon question involving the protection
OF citizens against the threatened ravages Of disease
and pestilence.
Fh: There is no doubt as to the powers of the Com
as "a
booths and stands incumbeTing streets sdewa ks in
the City Of New-YOrk including thOseS which cluster
around the sites OF the public markets There may
however, be cases specially protected by ",
upon their merits. 1 am, Sir, very respectfully
yOsT oDedient servant, l.. DELAFIELD SMITH
Counsel to the Corporation.
HOW THE BooTHowSERs ORIGINALLY HAD POSSESSION
CotDeVoe at the request OF the Corporation Counsel
called upon the latter yesterday to confer with him in
regard 10 the authority under which the owners OF the
stalls adjoining Washington Market come into posses
sion Of them The Corporation Counsel after referring
to his OPINION that II the stands were considered
nusances and detrimental 10 public health by the
Health Board Of the city, vested right could prevent
their removal and the Commissioner Of Public Works
had option called upon 10 carry out the order OF
tho Sanitary Board, except to comply with the demand
Col DeVoe replied that, he had directed the booths
connected with tho market TO be altered so as 10
enable the CUTTERS TO be cleaned, in that man.
ner overcoming the difficulty, he thought per
haps the stands might bo permitted 10
remain, adding that their had received per-
mits from the city locate. which seemed binding
as any the city had given lie said that permits
first granted about 40 years by the Market Commit
tee of the Common Council, which at that time had
troll OF matter then by the Commissioner of Streets
and Lamps, who empowered 10 Issue them; next
by the City Inspector who possessed Jurisdiction
the stands and finally. by the Controller. lie said that
under the circumstances he did not think they could be
remOvered membranes 10 travel. because the city
had granted permis and he inquired whether the Cor
poJaOn Counsel thought they could DO removed unless