The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-08-02
THE MARKET WAR.
Tho Fulton Market Booths in Court-Judge
Pratt Invoked to Stay tho Health Board
vessy Street Dump-How Not II
DeIt-Ths Cleared Sidewalks.

"Never say die," IL the motto Of the Fulton Mar
ket gutter-stand holders. Yesterday, having
played all other cards, such as politics and pathetic
appeals 10 the Board Of Health in vain, they lead
out bower In the shape Of an application to the
| Supreme Court for q stay Of proceedings till q
| hearing could be had, and asking that then the
order should be made permanent restrain
ing the Board from proceeding In its
action OF tearing down the stands. After
the Adjournment Of Justice Pratts' Chamber ses-
sion, the counsel for The marketmen submitted TO
him the papers in the case, being an aidavit sub
scribed by Mr. Brennan and four Others alleging
that their stands are not tents, booths. street on
cumbrances or nuisances; that they are not at all
similar IN character to the sheds demolished
Washington Market; that they, instead OF being
public annoyance, ere clean, wholesome and o
genuine public convenience and that the
proposed action OF the Board OF Health
In ordering their demolition has been taken under
a msappreheRson Of the facts After hearing re-
marks Of counsel urging the granting Of the prayer
Of his clients, Judge Pratt took the papers, saying
he would give them careful examination and give
his decision at the opening Of court this morning,
He wished to learn wherein the case presented in
the application differed from the Washington
Market case, in which he Is to hear further argu-
ments In few days.
SHARP NOTICE.
The Health Board play strong cards too. Yester.
day afternoon q file Of the sanitary police served
upon the occupants OF each OF the condemned
Fulton Market stands an order declaring all the
booths, stalls and stands nusances, prejudlcial to
the public health and endangering life and there
upon required the owner or occupant to vacate
the same and remove it entirely, at his own
cost or, failing this, the removal will be done by
the Health Board at the expense OF the owner,
who will also incur penalty Of $50 for
emitting to obey the order Of the Board
This notice, 30 different from the action OF the
Board in reference to the Washington Market
stands, occasOned the most vigorous protests
from tho men and women who have the misfortune
to hold the earnings Of years In the doomed stands
They consider 1t as
ADDING INJURY TO INSULT,
and most Of them expressed the determination to
let the sanitary officers do the work, defyng their
power to execute the threats Of collecting either
penalty or the cost Ofremoval. Hafthe stands along
Fulton street are pretty nearly taken away except
the roofs, and even some OF these have been nm.
dermined and are threatening to fall at any mo-
ment. In the balance trade was brisk yesterday
and the owners avowed the intention to keep their
cofIee hot till this morning. then leave the field to
the action Of the Health officers. Unless the app-
cation Judge Pratt shall be ul this morn
ing, the sanitary sappers and miners will have 10
repeat to-day in Fulton Market their experience OF
| last week on the other side OF the city.
REPAIRING WASHINGTON MARKET.
| Even sanitary war must sometimes repair as we'll
as destroy. In tearing down the gutter stalls the
force under Inspector Gridley took the extra
trouble to smash skylights and rip up the roof over
parts OF Washington Market Itself. This the Board
directed to DO repaired and men were sent to do
Of being opened to admit the healthful air with the
genial sunlight these extraordinary servants
boards over the apertures, thus deprivlng the
market OF those essentials TO health for which the
Common i blessngs the imprisoned marEet%en s
must themselves provide the means to repair the
mischief wrought by the sanitary dem0lishers.
THE OFFENSIVE DUMP
Work is progressing in removing the timberwork
Of the old dumping dock adjoining the wholesale
market. All is to be taken away down to the
waters edge and the soil excayated to make room
for butcher stands. At present, no ashes, street
dirt or garbage can be discharged there, much
to the joy OF the marketmen who loathe tho sight
Of the rank smelling carts, which not only passed
in long procession close to their stands, but not
unfrequently Uttered the street with their pes
tiferous freightage For years the vendors OF meat
teemins Population Of New YORK. the neighbor i
elite sand the popular Summer resorts. have been
subjected to this vile nuisance Immediately adjon.
ing their premises. They have reaped the full benefit
OF its sickening stencil and its disease breeding
dust, and now, IN concert with the resolve of the
, Board OF Health, they demand its removal TO some
place where its evils will he less mischievous
sAMPLs or RED TAPE.
ton tle location OF the dump elsewhere, as re-
quested by the Board OF Health representative
marketman reports that with the view OF Impress
ing upon the Dock Board the necessity OF granting
this request he repaired to Its OfIce. There he
found the three officials who compose 1t. He made
matter would require consideration by the Board. +"
Marketmsn-But you gentlemen form the Board,
DO you notG
COMMIssIoNER-Yes. certainly we do; but we
must act upon this matter formally at regular
meeting, which Will not be held until -, naming
MARKErMAN-well, then, suppose I can ascer-
that day.
COMMissIoNER-well, no. We will have to refer
It to the Executive Committee
MARKETMAN-rhat committee think consists
| oil the same gentlemen who form the Board, so, |
suppose, the decision OF the committee Will settle
| the matter.
CeMMIssIoNER.-No the committee will report
to the Board at It's next meeting and the Board
That maiketman and others accustomed to the
doors Of the dump would be glad II the Dock Board
| was Obliged to consider this question in 0 perma-
nent session on Vesey street pier.
| CLEARING THE SIDEWALKS.
Captain Wiiamson's order to clear the side.
| as Vesey and West streets. Policemen were dill
gent all day in urging the trespassers 10 take away
| their own property. From noon axes, hatchets
and other utensils were playing lively airs all
along these streets tearing down the many booths
and shantles which have fenced In the walk in
| many blocks especially in vesey street. from
| Church to West. II was understood that what was
left undone at seven o'clock would be summarily
finished by the police but there was little lett to
| add to their hard labors.
As the sun shOne out after shower for mo-
ment. before sinking 10 rest In New Jersey, he took
fair look through Vesey street, cleared and open
TO any wayfarer whose occasions called him thther.
| The god OF day was pleased and painted over the
narrow opening Of Ann street gorgeous rainbow
| o token OF hope that as the municipal authorities
have carried out one reform there are others on
their dockets which must follow.