The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-16
sALTING THE STREETS.

Singular Anomaly 1t Has Developed
City Railroads and the Sanitary Code
Doctors Disagreeing ~ Ever.
Politicians who have bothered their brains about
tax on salt and who have been greatly given 70
unstable speculation without any solid statistical
basis to work upon, might pick up some valuable
Information on the subject OF salt II they would
attend the trial still in progress before Judge
Brady In the Court OF Oyer and Terminer wherein
Mr.. BerRh, the humanitarian Is striving to con.
Wet six employees or the Third Avenue Railroad
Company OF very grave offence Tor
sailing the streets. Captlous persons may,
II they will, take this cum 0r0no salts,
as they are apt 10 take many things;
but certainly the trial. as 1t has Tar progressed,
has developed some curious features. 1t presents,
according to point raised by Mr.. A. Oakley Hall.
counsel for the railroad company. the remarkable
anomaly OF the Legislature delegating to the Board
OF Health the power to create q crime, which, in
case 0findictment and conviction, and the party
convicted being sent to prison, cannot be found
designated in any State statute. Judge Brady
ruled against the people for the express purpose,
he SAID, that IN case OF conviction In the present
instance 1t might De carried to higher Court and
there passed upon. Speaking OF tue Board Of
Health, another feature as Will be seen by the re-
port below, was two members Of this board swear
ing that sailing the streets Is not detrimental
to the pubic health, and this right IN the lace Of
the strong testimony submitted by the prosecution
Oh tins point. Altogether, indeed, IL is an inter-
esting trial, taken rom whatever point oi view.
and 1t is furthermore evident that the public takes
great interest III 1t from the TACT that yesterday
the court room was crowded to It's utmost capac-
ity. 1t Is barely possible OF course, that great
many came to see Bergh and some to ENJOY the
brilliant setto's between Mr.. Hail and the counsel
III opposition, Mr.. Gerry. Mr.. Bergn was there.
looking as cnlvarously grave as Don Qulxote, and
both counsel were on hand but so pertnaclously
serious was the prosecuting advocate and win
such pretence OF solemnty did the defending coun-
gnl fhQr ir n lu n
cult to draw the distinguishing llues between the
genuine and the mock gravity.
The first interesting testimony was that OF DR..
Sayre. He told how his attention was first called
to the subject Of saiting the streets by seeing
cSan9na hef Iee SA he Injured e ans oung
the cause OF this curious actiOn-the intense
cold produced by melting snow with salt; just
alter, he was called IN to attend Captain Reid, q
hale and hearty man, who IN crossing one OF these
salt pools had ms leet frosted and ultimately died
he found connection between the prevalence OF
dipbtnerla and salted streets; he showed by TO-
1 m,ar eexperment, Inc intense Co,d pro-
On cross-examlnation DR.. Sayre spoke OF the
difference between dry and wet cold. In crossing
the plans. wnen the snow was ten to fifteen ieet
deep. the wind blowing aud the thermometer very
low, he had felt the cold less than IN Q salted
sailed pools stood liquid in the street. He ex-
planned at some length tue different effect upon .
morse standing on snow with the insensible part
OF the hoor, and standing IN freezing mixture
covering the nool Till the sensitive parts were at
Dr. CHARLES q. Grice veterinary surgeon, testified
that the liquid snow and salt must have an In
furious effect horses by lowering their vitality.
cityi' asked Mr.. Hail in his crosse examination.
"Forty-four years." answered the veterinary
And how many horses have you seen in that
time whose hoofs were injured BY these SAT- pooss
mot One"
.You may 60 down.
Mr.. Bergh testified that the winter before last
every second morse had his ieet bound up, the con-
q a m RAJ m htun NJ
the horses standing In the sailed LIQUID.
The witness here produced paper containing
condition caused by the salty slush.
ON cross.examlnation Il appeared that the wit
ness had no personal knowledge on the subject
He was therefore Withdrawn.
Oficer Evans was next called, but he could only
testify to what the owners OF the horses told him.
EmmOnS Clark, Secretary OF the Health Board
was called to prove the adoption OF the Sanitary
Code, with the violation OF winch defendants are
Mr., Hall entered q protest against the evidence
on the ground that the misdemeanor was created
aegssture the power to % DO IT, T rne
constitution says the lawmaking power IN this
state snail remain vested in the LEGISLATURE, and
the Court OF Appeals has decided that the Legsla-
ture cannot delegate It's power. The courts have
always been careful to limit indictment and punish
was dangerous power to delegate. The Board
might make 1t q misdemeanOr to smoke q cigar In
the street or spit on the sidewalk.
Judge Brady said ne proposed to make this q
test case, to ascertain whether the Legislature
could delegate such power. The Board do exer-
else extraordinary powers. They can walk into o
mans house and close 1t up for instance, II they
find 1t infected and was necessary for the public
health that they should have this power. The de-
PENDANTS could appeal.
The defence was opened at three O'Clock by Mr..
Hall, and numoer OF witnesses were called.
DR.. Vanderpoel, member of the Board OF
Health, testified he did not believe the mixture or
snow and salt injurious to public health or likely
to produce disease. On crosse examination he ad.
mtIted that II o person having symptoms OF diph.
liberia developed gets q chill which depresses vi
tally the disease will be aggravated
DR.. Chandler gave similar testimony.
DR.. ]. W. Ranney did not believe the freezing
mixture spoken OF was injurious to the health OF
the pubic or to horses hoofs; intense cold will in.
jure all the same, no matter how caused: he has
walked through this freezing mixture, and never
experienced any particular inconvenience from 1t.
William II. Montross, who had charge oil the
Third Avenue Horse Hospital last winter, testified
that he met no case OF horses hoois injured by the
salt ana snow.
The Court here adjourned till this morning.