The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-07-25

destruction was necessary to the health Of the
city. BY this summary action two or three hun
drsd lamiiies had been deprived OF means OF
M. .. DeIaneld Smith, counsel to the corpora
counsel on the ether side. The owners Of the
stands lived on the 'fat OF the land" and were
making max money, honestly he should admit, and
manner able TO sustain the stencil and corruption
by which they were surrounded. But poorer peo-
pe c cona mot not stand H. and mere
men and women were Intelligent and Industrious,
business. even in the vicinity OF the market, and
they would afterwards admit as others now did,
proper. The thanks Of TT the Community s were due
to the Board and to His Honor for the promptness
with which the work had been pursued. He would
call the attention OF the Court to the fact that In
any case, an Injunction could not issue against the
Board OF Health without days notice. The stands
had been torn down, and therefore there could be
show cause why they should not be destroyed; but
he presumed Mr.. Lawrence would be able to give
the city some trouble on the question Of damages.
Mr.: Lawrence said that no notice such as the law
required had been given TO the marketmen. and he
Ssen moded On sdaSs wch
to say the least, very evasive In reality, no
notice had been given his clients. The Supertn-
parties interested notice OF the intended action OF
the Board, and one OF them, seeing notice in the
n1ewspapers that the Board Of Health were about
peared before the Board to ask to be heard but his
application was never considered. All OF these
men were under the statute allowed to state their
reason why their stands should not be torn down,
but not one OF them was heard on this question.
He was well acquainted with the subject on which
he spoke having been all through the litigation in
1865 with the Metropolitan Health Board, who
sought to condemn the stands An Injunction
was then granted, restraining the Board, on the
ground that these stands, being part of the market
and the market being source OF revenue to the
Sinking Fund or paying or the cty's debt, they
junction was still in force. The present
Board either are or are not successors
Of vhe Metropolitan Health Board II they
are then they have acted not only against the law,
but In violation of an order OF this Court. II they
are not the provision requiring eight days. notice
force, ana he asked to lay this matter over for q
WHILE" The mischief had been done, and he
thought those men who, in desire to show zeal
for the sanitary welfare OF the city, had broken up
the business OF 80 many persons, had grave act
to render account for hereafter.
Mr.. Smith said he saw no objection to this
course.
Mr.. Prentice stated that he appeared for the
Board OF Health to oppose the motion for an in
junction, and he would ask that it be formally
denied.
Judge Pratt said that he thought the best course
tn pursue would lie TO lay the entire matter over,
and adjourned the proceedings till the 9th of Au-
gust
WHERE THEY WILL GO.
To provide facilities for the marketmen who
have been disturbed Colonel DeV0e last night in
structed Captain Kettleman to offer them space In
West Washington Market, now unoccupied, and it
Is understood they Will to-day make an estimate
Of the room they need and arrange for the con-
structton OF the requisite buildings to accOmmo-
date them.