The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-12
City Nuisances-The Dates of Pablo
Function aries.

may be conceived, but they can be found
only in the Utopan countries In cities
where the needs Of humanity must be min
istered to and where all that is done must
be done not merely with view to keep
down what is unpleasant but in
order to secure the profit OF the
man who does it, much that should go
by the sewers will be seen in the
Streets and the air We breathe will be often
as pestilent congregation OF vapors as
ever assailed the human nose or stiied the
feeble respiration Of valetudinarians. But
admitting that it is impossible to make
great city smell as sweet as the Sultans
garden of spice, and impossible to keep 1T
otherwise ideally free from Objectionable
features, we are Of opinion that between
what is clearly impossible in the case and
what is actually done in this city there is
very large margin for tho exercise of func-
tions that are either neglected altogether or
performed with timidity and delicacy to-
ward wrong doors that directly invites yio-
lations OF the law.
Undoubtedly the body most directly and
INN ediatoly to blame for great deal OF
what is unpleasant in the city is the Board
of Health. In the exercise Of it's functions
that Board has to steer between considera-
ton for the rights of individuals who are
the proprietors Of establishments in which
noxious trades are carried on and its duty
to the whole public, who have MS much
right to be protected from injury as the in
diyidual owner to be safe from loss; and
it appears to US that the error OF
tho Board is rather in the direc-
ton Of lenity toward the makers Of
nuisances than in that OF vigorous defence
of those WHOM it is the Boards duty to pro-
tect. A definition Of n nuisance that will
stand against every onset OF legal logic is
not easy to frame; and the fact that the
Board must practically proceed on such
definition is one Of the great di1ieulties.in
its way. Opinions vary as to what features
of city life may be abated as universally OBJ
jectionable, for men cannot even agree as to.
what smells are vile. Habit is omnipotent
in the formation Of our ideas on
subjects as to which it might commonly be
thought there would be universal agree
ment. There is familiar illustration OF
this in the story of the hcmesick Scotchman,
who whenever in his travels he encoun-
tered the strong odors OF foreign countries,
calculated. sob, sweet Edinboro', smell
thee noo." Ideas OF what is agreeable to
tho eye are SO much influenced by our pre-
occupations that SO loathsome thing
as. smallpox pustule was by Jenner
compared to 20 split pearl laid on
rose leaf" Bone boilers, tat renderers and
hog keepers can never be convinced that
their industries should be turned out Of
the city and it is possible that these in
dustries can be disiniccted by scientific
methods. But If the profits of o business
are SO small that it cannot stand the ex-
penses of transportation that would au-
thorize it's removal to place in the coun-
try, the hope OF the adoption of improved
methods is sight. 1t is a plain deli1-
uuency on the part of the health author
tiles not to compel the employment of the
proper methods or drive the industry out
altogether.
Another class Of nuisances and one that
the action Of the Recorder and the Grand
Jury has made prominent is that of street
encumbrances. These are q perennial source
of trouble In the days when the Aldermen
had full sway the streets OF the city were
like perpetual peanut fair-with variations
in. favor Of green apples, rotten peaches
and sliced watermelons III season.
There were chosen seats Of this
kind of commerce, where the existence of
a sidewalk could only be demonstrated by
excavation. Before the era of the new Post
Office the iron railing that cncircled the
park was skirtei from Chambers street
down Centre street and Park row to the
point opposite tho Aston House with the
queer structures that seem 60 be the preva-
lent types Of the peanut stand. In scrricd
lines the proud peanut vendors held the
fort on all ordinary days, confident in the
support of the Aldermen but when hoii-
day came they exhibited the resources of
their establishments and the extent of
their families by extempor.zing small
shops on the sidewalks near the gutter
On those occasions the peanut seemed
to lose its magic influence over the juvenile
store OF coppcrs, and cent glasses of ice
cream, red lemonade and the festive fire.
cracker were the glories Of the traffic.
Many an Allerman's election expenses navo
probably been paid out of tho funds occu-
mulatcd by his father or uncle IN that great
trade, which perhaps accounts for the ten
der solicitude with which the Aldermen
have always regarded it Although the
point indicated was great central scat of
the peanut business it is not to be supposed
that available sites at other points were
left unimproved. On the contrary,
every irequented corner near the great thor
oughfares, every cosey place near public
school or near theatre was located" in
tho interest of some powerful constituent
,vhooo u,nnooenca" was such ng 10 inspi n