The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-10
Combating Assumed Powers of the
Board of Health.
IMPORTANT TO REAL ESTATE OWNERS.
Interesting Question Growing Out
Of Perils of the Sea.
Unfortunate Deposits Of The Public Ad-
mniStrat0r
QUAIL ON ToAs T.

In tho General Term OF the Court OF Common Pleas
Chief Justice Daily and Judges !. i. Daly and
Van Hocsen, recently heard argument in the
suit brought by the Board OF Health against
Adam Knoll Tho before this Court
on an appeal from Judgment in favor OF The
Board Of Health for penalty against the defendant
refusing TO comply with order requiring him put
up vcntating shaft 10 the vault the yard Of his
house No. 81 wilctt The tried before
Justice Parker, of the Third District Court and ap
peal taken from his decision IN favor OF the plaintiff
TO the General Term OF the Court of Common Pleas
This appeal pressed by the Taxpayers Association
Of tho Tenth Eleventh and Seventeenth wards OF
which organization the defendant Knoll was a member.
The appeal argued bv Mcssrs. George r. and J. G.
Julius Langbcin, tho counsel for the organization at
great length Judge Van Hoescn given he case for
examination The Court yesterday rendered lis deci-
sion, holding that under the authority of tho Metro
poliinn BOARD OF Health vs.. Hester, 81 New York.
p. COL. the Judgment must be affirmed;
and further, that the defendant should have
leave. If he desires H. 10 20 10 the Court Of Appeals
Rricf the decision is II IL conclusive. and shows
that u is the disposition OF The judges 10 have The high
est the State decide upon the powers tho
Board Of Health, which are seriously aud sfrcnu-
onsly questioned by the Taxpayers ASSOCIATION,
through their counsel. that when snch important
powers Of the Health Board denied questioned
they have been IN this case that the al last
resort should properly assume the responsibility Of In
tericrng with them.
lille the oard OF Health is having It's powers con
Tested IN the courts u Is having interesting legal
hight upon tho simple question Of It's power retain
possession of is present quarters in the police build
Ing Before Judge Spicr in the superior Court was
heard Yesterday the argument tho motion recently
granted to pcrpc,uatc the Injunction granted against
The Board Of Police restraining the Police Board from
ciccing the Board of Health IRON Their rooms in tho
building No 3ol Mott street The complaint states
that tho present Board OF Health is but continual o
OF the previous one and EMIT led to ali privileges
that II has occupied these since 1866 with Tho
exception OF three rooms previously occupied BY the
Excise Comm and vacated by them M favor or
The Corps OF Vaccination connected with the Board OF
Health II further states that claim whatever has
been made for SAID rooms up To April % last at
wach time Inspector D.lks, with several policemen,
and moved the furniture and y,ures that All the
rooms occupied by the Health Board absolutely
necessary for the carrying out OF their duties that The
records OF births, marriages and deaths for seventy
ycars Kept hy them In especially safes
kc that tho Board of Police have more right IN
SAID building than they have; that they into
POSSESSION by the same law. and 80 continue occupy
SIR Seth L. Hawicy mauc AN affidavit In opposition 10
the notion which Rc states that there no neces-
sty Tor the locating oi the two boards the same
building; tnnt the Ioiicc b0ard cooperate with the
Board OF Health but the cooperation Is furnished
chiefly through the sanitary Company; that the
orr sinal oil tho building Sll0,0C0; that the
Police Department tcnucrvu the OF the rooms
occupied ny the Health Board them In 1865 VIII CHI
offer they accepted aud which The only renl claim
title wnicu plaIltilis had to the rooms He says
that the addition made to the building and occupied
by the Board oi Hrath built Tor tho Bvari of
Police and that they allow the latter to occupy tho
same.
Mr.. Prentice counsel for the Health Department,
made lengthy argument In support OF the motion,
ronending that the action the Board Of Pocc was
merely arbitrary unr, and an exercise OF physical
power With color oi authority
Judge Spicr took the papers, rcscrvng his decision.