Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-06-08

Georgetown and outside of these limits? I'm
pliediy, no nuisance at all 1.-THE facts IN this
case show that for almost half a century Bates
al LIS ancestors have tied continuously
this business at this place. At the time when
the place on which this factory was established
it could not have been nuisance except 70
those employed in II and the frogs and owls Vt
that neighbSrhoOd whoa chiefly, II not solely,
composed The population OF that vicinity. la
TIE course OF time dwelling houses have been
built up. Ali the purchasers Of lots Of ground
kne " that Bates soap factory WAC there, aud
they were under 10 legal or moral constraiat 10
purchase lots or build houses By the side Of II.
II would be quite as legal, aud certainly more
equitable, tor the Board OF Heath 70 enact and
OTdain that persons sho have built houses 50
near 10 Bates factory a. to render their occu
patton Injurious to health ;" must instantly
remove thersfIcm under a penalty. To show
that the power assumed by the board could not
be conferred on it, for the reason that II
would practically effect a cOnt5catiOn
OF Bates property sVitkOut dee process If loo
} Judge DIN quotes several authorities, anu adds
that when, under this power 20 regulate the use
Of property, the poSe, !, 60 exercised a. 70 st-
tuiional Limitations of legislation, and IL was
well observed on the argument CT this case that
as general rule the less the power conferred
through the ordinances enacted by the Board
Of Health It seems to have wholly mistaken
view OF the powers conferred upon 1t, and to ex-
emplify the wisdom Of the maxim me sat0r
ultra cTofddm," which, literally interpolated
may mean doctor, stick to yo7r lancet and
bolus. Few men learned In the law, and still
fewer legislative assemblys, have had the wis
| dom to enact q code Of municipal law which ha:
| had more than butterfly life, and II is by nc
me ans extraordinary tn at this code should turn
/ out failure. This simple and wise provision
authorized the board TO declare what nuisaucel
\ are Injurious to health, and directing them Il
provide for the removal thereof, Is construed 70
| mean q power TO declare anything nuissnc:
which, In their judg ment, IL Injurious to health
| and thus having been made q nuisance, IL ma,
| be dealt with as such under the power given fo
the removal of such nuissnces as are tnjuriou
| 70 health, with one or two solitary exceptions
The power 70 remove Is attempted to be exzr
cised by imposing penalty. This, ii seems &
me, is no provision for the removal Of a moi
sance, especially Of one injurious to health.
Reference IL made to the statement that ap-
pEcation WAS made 10 counsel and to tue DE
parrment OF Justice as to the true constru ctIol
OF the act OF Congress in question, and IN.
board have been advised that the act gave tn.
| power % do what the board has done, and tn
conrt on that point says: al will always lister
| with DISTINGUISHED consideration to the oIIin
lons OF the men learned In the Law even waei
well paid fer giving their clients such an opin
ION as Desired The opinion from the Depart
meue Of Justice IL Q little remsrk ahle In seEera
| respects. In the nrst place IL says n the pune
| tuation Of the statute were altered and on
word added thereto the statute would COME