Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-02-17


case Of the District OF Columbia at the instance
Of the Board of Health against Frederick Bates
was taken up, Messrs- W. A. Cook aud A X.
Browne for plaintiff, and W. ID. Dayidze and
James +. Williams for defendant.
The facts in the case are that an inform alton
was nled by the attorney OF the District az the
Court complaining that on the LIST of ID sce mbsr
and other days, Frederick Bates did on G street,
between 9Th and eth streets. north west, unlaw-
fully boil offal fat, talow, or lard in an estab-
lishment for the purpose OF Manufacturing soap
and candles, and did store or keep scrap fat,
grease, or other offensive animal m after in
large quantities, by reason Of which odors, moi
some, offensive, and unwholesome smokes,
were emitted and degenerated so that the air
was and is greatly filled and i'm pregnated to the
great damage and common nuisance of citizens
OF SAID District, residing and passing, aud con-
irary to and in violation of an ordinance of the
Board of Health of the District of Columbia
passed May Is, 1871.
This information was sworn to by James H.
Smith, An inspector of the Board of HEALTH
and a warrant issued on the 22d Of December
on which Mr.. Bates WAS arrested, aud he en-
tered plea before the Police Court that il had
no Jurisdiction, on the following grounds: First
TIE offence charged in said information is not a
violation OF any law, ordinance, or bylaw OF
either Oh the late corporations Of Washington
Georgetown, or Levy Court, nor of any law of
the legislative assembly of said District bit If il
Is crime or mlsdemeanor it Is punishable only
a. 'ne Ptosecutlon or suit OF the United States
ny us proper officers, and not as in this suit at
the IN stance OF the prosecuting officers of the
District OF Columbia or of the Board of Health
OF sald District. Second. This court is not
properly or legally constituted for the hearing
anu determination OF the offence charged in the
information in this cause.
. This plea was overruled, and the case con-
tinued to January 9th.
On the 5th OF January Bates petitioned the
circuit Court for writ Of certi0rGri in which
be states that he is manufacturer of soap,
DONG business within the limits OF the CITY In
building where he and his predecessor his
father) have successiye'y and uninterruptedly
engaged In said manufacture for the last fOrty
Elk years, always using such appliances as
science has suggested, with a view of having
tier factory at all times as clean as the nature
OF the business would allow, and using all other
appropriate measures to keep said factory alto
gether inDOcuOus TO the neighborhOOd, and he
has invested In said business many thou Is
OF dOllars. He further shows that a BODY known
a. Board OF Health for said District has ayOwed
its purpose TO compel him to discontinue the
manufacture OF sOap within the limits of said
city; and thereby, if said purpOse is carried out
entail on him very heavy pecuniaEg loss, esti
mated at, at least, so, 600; and said board pu--
suing its said purpose passed what il calls an
ordinance declaring the factory to be a NUS
ance, and has instituted proceedings, Sc.
Inc Silt was Issued, and the papers being
Drought up, the Board Of Health entered a
motion to 9uash FOR the following reasons -
Because the Board of Health is a corporal on
created by and existing under the laws OF Con-
gress, and by virtue of such laws has exclusive
power TO PASS ordinances TO declare what shall
lie deemed nuisances injurious to health, and to
provide for the removal thereof. in said District
Because the Police Court of said District has
full and exclusive jurisdiction of any and all
violations OF said ordinances OF said Board OF
Health. Because the Information fled in this
cause in said Police Court, bv the District Of
Columbia, at the instance of the Board Of
Health, is properly brought, and ought not to
be in the name of the United States. Because
the said Police Court is a court of record, and
from any sentence or Judgment of said Police
Court, there is full and efiicaciOus remedy for
the defendant, If aggrieVed by such sentence or
judgment, by appeal TO the Criminal Court of
law or fact involved might be reviewed, and
any error there be, corrected.
In support of the motion to quash. the cOun-
sci for plaintiff cOntend-FiTst. The Board of
Health Is corporation created by section % OF
an act OF Congress, approved February p, ISL.
1he power herein granted to declare what sh all
be deemed nuisances being general, aud with
out limitation or condition, the mode of de-
CIarlng, as well a. the mode of removal, is left
TO the discretion of the board. They may 50
declare either by ordinance or resolution, and
such ordinances OF resolutions are binding upO1
All citizens within the limits of the District.
Second. The Police Court, in which this pros
ecutiOn was instituted, had full and exclusive
jurisdiction of the same. Third. This infor-
~ ttOE Is properly filed in the name af the Dis
rict of Columbia. The law violated is not an
act OF Congress, but an ordinance OF a branch
OF the District government. The Board of
Health Il created and empowered by the act
OF Congress to pass the ordinance, but the or
dlDance, when passed, becomes a part of the
municipal regulations of the District. Fourth.
The ordinance violated being valid and binding
the Police Court being court of record haV-
iBg exclusive jurisdiction of the cause. there
being no irregulaTity in the proceedings in that
court, ana there being statutory remedy pro-
yided for any error in the judgment of that
court by appeal, this writ Of certiOrari cannot
be sustained.
FTfrHrsN Dr. r-r,