The New York herald., 1876-07-29
THE GARBAGE WAR
The Men Arrested by the Shore Inspector Ad-
mitted to Bail.
No Dumping in the Bay
Yesterday.

The great garbage war has come to sudden ending,
at least Tor the time being. II expected by some
lovers Of strife who ve in the neghb orhood that the
dispute between the New York police and the followers
OF Inspector Furgueson would be renewed, but the
New Workers did not put in appearance during the
day did their dirt scows and Judge Church had
sent all the papers the to the District Attorney
there remained nothing for him do In the case.
The arrested parties admitted bn in the alter
noon by Judge Nelson, y. II. Clements becoming
bondsman for the accused Tho papers Will now 60 to
the Grand Jury, but that body does not meet until
JUDGE cHuRcu's POSITION
A HERALD reporter yesterday had conversation
with Judge Church about the trouble. The Judge
stated, among other things. that 1t msapprchen-
sion 10 suppose that the stcamtug W. E. Cheney had
else's orders "The fact is, said he 'the New York
men got INTO n hun when the persons who were ar
rested were taken on ana cually lett the boat with
one IN charge OF her BY my orders an officer
placed board until her parties prop
erly authorized should claim her. It was therefore,
an extraordinary action OF tho New York police
tempt to take her away What would be thought of
some Of our officers going TO New York and attempting
TO take by force vessel left there in charge OF the
police?"
1t would seem, according to the Judges version of
the act that the action Of tho Shore Inspector was
caused not so much by tho fact that the garbage
dumped from the scows because the had
permit and that the law compes the Inspector to
arrest all persons who may be seen by hun violating
tho law IN any particular. The fifth section of the law
under which Furgucson acted provides that shall be
report without delay TO the proper magistrate
other authorities any and every violation" oil any Of
THE PROVISIONS THE ACT.
'that the offender may be duly and punished
and, he shall have power to arrest, IN any OF the
counties mentioned in the law, any person persons
who may be found by him'' actually engaged in vio
lang any Of the provisions OF the act aud to take such
person persons before magistrate, whose duty it is
10 require the inspector to make complaint writing
and under oath against the arrested when
allegation OF such complaint sha. be duly heard and
disposed Of"
THE LAW REALLY PROHIBITS.
The second section OF the act reads as 1ollows:-
ss y" ad os ss Or to sail
ing or moving or to be employed upon or to accompany any
sh upon part OF New York
Bay known the NArows and lying between For. wads
with intent the purpose throwing or
u hi. whon perm. writing there.
this ass wSo shall have the power Hss
proper and which shall no. be with the Grss
s sSs ,yns ress n the
a" best & to the sub nn.
Of cas-. upon the
yond the jurisdiction thereof
The sixth section reads as foll0ws-
1t shall mt a. be lawful 'o a any & person or persons to sail"
a or o. IN
any boat or vessel engaged in transporting dead ami
Sid unless the same be propelled BY steam power under
QUESTION TIDES.
The Judge contends that tho Inspectors action in
view of these sections was legal and that the parties
who attempted to dump tho garbage had legal right
to do so He further contends that the garbage
dumped is oficnsive, and consequently a nuisance
TO the people living along the shore, where II Is washed
by the flood tide. "l," said he, "thc started
from New York that they could dump the garbage
when the tidc was ut full ebb the nuisance might not
ensuet would then bo carried out to sea; but have
often seen the garbage washed ashore even before the
boats had finished work.
HOW THE WAR MAY CLOSE FINALLY
1t is believed that rs the cases Of the five persons
arrested aud Yesterday baied by Judge Nelson will be
made tests OF the right OF the Inspector par
ties VINO attempt TO dump garbage In the Lower Bay,
the NarrOws, the New York street Cleaning De-
parment Will send their down Until the case
decided using, probably, SPOT oil Meek's Point for
the Time being. as they did Yesterday. IT, however,
they attempt to continue the dumping in The bay
without permit Mr. Furgueson Will those who
engage in IT, as he did the other day. he only
edy the department will then have TO prevent arrests
being made by the Inspector WI be in the obtaining
OF temporary injunction to restrain him until the
question at issue decided by the courts.