New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-07-21
THE 1ftRKET STAND CoETROVEESK


UNCERTAINTY As 10 THE LEGAL POINTS EVOLVED
.,,, ,rp, ,c,TtoS TO TILE CORPORATION COUN-
err ron ADVICE THE MARKErMENs Ass0CI-
ALTON. THE HEALTH BOARD. AID THE sUPERIN-
rrxpryr OF MARKETS CONDEMSING THE OUT
SIDE BOOTHS
The preafest excitement and Indignation ex-
ised on saturday among the butchers and poutrydea-
ers O. Washington Market whose stands II ~ proposed
TO demosh because they serve as recepaces for gar
bage. and because they are an Illegal obstruction to
travel Many Of these dealers members OF the Wash
ingOn Market Association and one of the standing com
mittees OF That body, consisting Of Messrs. Knapp
Thorn Hess, Cornell Comber, and Summer, called upon
the Mayor Saturday and asked him TO exert his IN
uence to have the order OF the Health Board roscnded
action thereon postponed They stated that their re-
quest applied only stands which now Joined with tho
market proper and had no reference to the street stalls
along Vesey and FutOn-sts, which were hndrances
travel and owned generally by irresponsible per-
sons They acknowledged that the market was Oh ana
rckety aud disgrace to the city, and asked 10 DC per-
mitted to remain until market shall DO bullt.
They stated further that the city would not Dud asuD
staua structure they would agree to build one worthy
OF the city, at their expense. Mayor Hayemeyer
replied that he thought the matter worthy OF serious
consideration and stated that he would write letter 70
the members OF the Board OF Health asking 'haI aco
on the order be delayed.
Commissioner Van Mort who expresses himself de-
rous of carrying out the wishes Of the people in regard
to the booths faras is consistent with the require
ments Of the law sent Saturday the following letter
TO Corporation Counsel Smith:
OFFICE OF THE COMMISSIONER or PqDLIc WORKS
NEw-YoRK, july 10, 1873.
To the Hon DEIAFTELD SMITH, C0nSeto me Corporations
The paper marked A, heren lncosed, was Ieoeved 10y
the 10Th inst. The persons referred 70 were duy
ordered to move aud, upon application OF committee
Yest@rday the papers b. c, ID, and delivered to
me bv A. r. Lawrence jr, he claiming that the lnlunc
on Is still in force aud all persons are pr0hiOited from
fearing down or removing the stalls or stands mentioned
in sand papers. Please, at your earliest convenience H.
Frsf. Whether or not the Board OF Health have full
power and authority 10 remove me sias anu sLlhds
around and the vicinity Of Washington Market when
| declared by them as being nuisdncesf
Second: Whether not the Commissioner OF Public
| request OF the Board of Health
! third: Can or could the Commissioner OF Public
Works remove such stands 9s i9cuMoianceS auu oDs''
| cles in the streets and sideWaksf
Fourth: Is the Injunction order referred 10 IN the
accompanying papers s In force And are all present
officials hndered and prohibedby SAID injunction order
Firf: Please also have the Kindness to give your
| opinion as to my authority to remove booths and
stands streets and sidewalks In the CITY Of Newf
| several markets. Yours. respectfully,
| GEO. W. VAN MORT, COmmissr OF Public Works.
The Commissioner states that no action viii be taken
10y his department toward carrying out the order OF the
Board OF Health until he has the advice OF the Corpora
ton Counsel TRIBUNE reporter called on Saturday at
Mr. Smiths office 10 ascertain whether the old ijunc
ton which had been granted by Judge Barnard against
the Board Health. stil in force aud applied 10
the present Board The Corporation Counsel was out OF
town but one Of his assistants stated that no thought
| from a CursOry examination OF the order. that Il
/ would not apply 10 the present Board OF Health,
as the Injunction issued 20 restrain certain persons
who constituted the Board OF Health a the time the In
junction granted while the present Board another
body formed under the charter. and can only he
restrained by the obtaining Of new Injunction from
some one Of the present judges 10 appeared also that
the order restrained the Board OF Health from removing
only those sheds joined to the market and did not apply
Col DcyOe states that his order requiring the owners
raise them three feet from the ground, and
TO cut OF five feet from the part projecting into the
street applies only the stands united 10 the market
In regard % the Vcseyst booths, he believes they
should be removed he became superintendent
he has all lac could 70 induce the superintendent OF
! Incumbrances 20 remove Them II VIII thus DO
that superintendent Of Markets and the members Of
the Health Board we'll rs the members OF the wash
ugtOn Market Association, unite in regard to the de
STABILITY OF removing the street booths not connected
with the market the only difference being Is 10 the
demolition Of the street stands connected with the
|