The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-09
THE GARBAGE WAR;
Result of the Conflict Between
the TWO Cities.
JUDGE DONOHUE'S DECISION.
Amdavits and Counter Afidavits
on Both Sides.

A prolonged and exciting legal controversy
ticpated yesterday before Judge Donohue tho matter
OF so-called "garbage war;" In which the authors
ties OF this city and OF Brooklyn have for long time
been in such earnest and unrelenting conflict. Tho
case was set down for argument tho motion for
order to show cause why preliminary injunction sued
out by the New York Board Of Police against ntcrfcr.
ence by Shore Inspector Ferguson or the police
thortes of Brooklyn with the dumping OF street sweep
ings and refuse the south OF Coney Island should
nos DO continued District Attorney Britton, OF Brook.
Ign, was hand armed with several aiidavts from
prominent hotel men at Bath Nj G. +. Mclean.
counsel Tor the Police Board, who appeared Tor this
city, arrived shortly alter ten O'Clock, accompanied
by stenographer. and IN armfu Of documents Theirs
arguments in the matter, however. Judge
Donohue say ing had heard all that could pos.
sbly be said IN the matter prior TO his refusal last
summer to make permanent an injunction sought by
the Police Board Of this city against the Police Board
OF Brooklyn the Shore Inspector OF Kings county and
the District Attorney, restraining them from inter-
iering with resisting the men employed by the
New York Street Cleaning Bureau dumping garbage
In the bay. He said no would eivo his decision on
the present motion later in the day
This prohibition OF any argument was evidently
nj ment to counsel. The District Attorney
asked he might be allowed to hand in some aidavts
in the case. Judge Donohue said no would read any
an,davits that might be submitted. Mr.. Mclean sad
he would like also to aldavits, and forthwith
each counsel passed up bunch of sworn statementa
BRITToNs APFIDAviTs
Leading Off the afidavits submitted by Mr.. Brtton
was that OF ex-Mayor Gunther. as follows-
Kings county, ss.:-C. Godfrey Gunther. being duly
sworn IL owner OF premises fronting ON the
Bath, in Kings county, L. l. that upon these
premises there IS large hotel, capable OIL accommo-
dating $50 guests; that the chief attraction and In
duceent for guests to patronze my hotel Is the fuct
that Tho front OF my premises are hue and con
venent facilities for sea bathing. and my guests Tor
battle in tho wacr in front OF my Motel;
that suits aud outfits Tor bathers and about one
HUNDRED bathing houses; that during the month OF
August last year. large quantities OF garbage, carbon,
oa dead animals and other putrid and offensive mat
ter were upon said often. that II covered
the shore Tor many feet in width causing great
that 1t was impossible at any time TO battle in the
water; That said substance came from tho outer
water by the effect Of wind ana TIDE I'LL, from n,
New York, under direction OF tho Police Depart
ment; TINT during this year, up to this morning.
but that II is lined with such material several
feet width, and Is offensive disgusting and detri-
mental to health; tina; have employed now several
men in endeavoring TO remove the Same thereby as
tar as may be to abate the nuisance. That have
learned the fact up to within tho last two
three Gays loads OF any material have been
dumped the watcr OF said shore during this season,
but lhat since Friday last such dumping has been re-
sumed by the Police Department oi New York, Its
agents contractors under cover OF an injunction
order issued by Justice OF Supreme Court OF this
State There is also landed at a wharf upon my prem
scs not less than an average $500 people during
months OF July and August who seek such locality for
pleasure, health and recreation and who are Obliged,
under these circumstances, to obtain these advan-
tages AMID the hh transmitted from New York city
c. GODFREY GUNTHER
sworn before me- this TIN day OF August, 1877
WILLIAM NJ. SUMMERS, Notary Public, Kings county
Among the other anidavts put IN by Mr.. Britton
one by Henry L. Scranton OF Bath. l.. l. He says
that Of tho beach in front Of his hotel Ia
at unit bathing purposes and that guests
hrv awav r0m OF
feusivc sights and stcncnea
An afiaayi. by Shore Inspector Ferguson was also
produced He that the beach at times has been
lined with hlin and other refuse brought from this
CITY,
The a1idavits submitted by Mr. McLcan In opposition
wero principally Ut parties sent from this city to
condition or beach. One oil these parties-ME
George Hess-statcs that he from Monday after
August o. on the beach at Coney Island, and made It
his business 10 patrol and inspect the beach from
point opposite Caolos Hotel ana ,. mes'aaran. . to
for the purpose of noticing the condition Of
the beach ana has kn mo or az no time saw
ofaI garbage, putrid or other offensive material or
matter, except that ON the LIST OF August about seven
III the morning. he saw upon tho beach, between Nor
toms Landing and Bath, upon curve toward tue city
OF Brooklyn, quite quantity Of pineapples in greater
or less state oil decomposition certain man, depo.
ncnt informed was employed by tho defendant
Ferguson 10 bring any dead animals that might DO
| found upon the beach, Deponent did him nnd
| bring any dead animal, and deponent believes that
he did lind any dead animal while deponent was
| there.
David Stevens, a member OF the police force Of this
city, makes affidavit that the accumulation Of the
fh this city st0ppsge of the dumping of tho
garbage and purd matter greatly endangers the health
oil this CITY.
! JUDGE DoNoHUE's DECISION.
| At four O'CLOCK Judge DOnohue gave his decision.
Having written opinion when the matter be.
lore him u your ago he did deem necessary to
write another, his views oil the law applicable to
the had In respect changed since then. Ho
dissolved the injunction tho same le2ak grounds
holding that he has right to Interfere with the
proper discharge OF their duty by the Brooklyn
officials He holds, further, that If the police author
ties OF this city right they have their remedy and
that II tho Brooklyn authorities acting illegally
the Brooklyn courts will SO declare.
THE PoLICE COMMISSIONERS ovERHAULED
communication from Mr.. George W. Blunt, Of the
Pilot Commission was received yesterday the Dis
trct Attorneys Office, setting forth that he had been
empowered by his associates to inquire what stops
would be taken relative to the alleged violation OF law
Oh the part Of the Police Commissioners IN dumping
garbage the harbor Mr.. Blunt further stated thxs
he has positive evidence Of the offences having been
committed by the employees Of the Police Com ssion
crs July 81 and August 4, and enclosed tho names
OF tho Witnesses who could testify as ~ the charges.
Mr. Clark, tho Chief Clerk, at once forwarded the
communication TO District Attorney Phelps, at Watch
Hill, H. l., from whom INSTRUCTIONS In the matter Will
be received. The present session OF tho Grand Jury
being dispose OF prison cases. that It Is unlikely
that the complaint against the Police Commissioners
will be taken up during the present short term.