New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-05-07
THE RECORDER ON NUISANCES.

HIS SUFFERINGS FROM VILE DOORS.
SOME PLAIN TALK WHICH WILL INTEREST THE
BOARD OF HEALTH.
Recorder Hackett impanelled, yesterday, III
the Court OF General Sessions Grand Jury selecting
its foreman Francis H. Amdon After the usual statut
DRY charges, he said:
90" desire to call your special attention to the contro
versy between citizens and the Health Board, with ref
foul and peStllental odors that are claimed to
pcrvade the central part OF city and island, and
which, while annoying to the wealthy positively destroy
the health OF their fclowczens less fortunate in mat
tcrs prosperity and who live nearest to the factories
II you shall find wilful negligence Of duty I'm the Health
Commissioners you may mdict them, and the question
can be tested whether any permits whatsoever ought ID
be- given by them business that IA liable to become.
and coufcssedy does sometimes become, a public
nuisance. Science is very useful always, but sometimes
1t happens that its microscope becomes more
technical than legal or beneficial. The Court OF
Appeals In the prosecution against the old Police Board
for neglect OF duty, held 1t maintanabe, where
the defence OF tho ofiicla! honest mlscOn-
structon Of law under legal advice. The Court
in that case said tho law, nevertheless, must
not be technically violated by public prejudice
called the attention OF Grand Jury 10 these then
alleged nusances OF vile odors because my own family
and had been victims to and sufferers from the
same as also, believe, my immediate heishpor, the
decacy restrained me- lest my action should be mlsc0n-
strucd. But now, by the action OF the committee OF
by the pDlcy expressed views or TWO DOnOr
able Judges OF the Court of Oyer and Termner by the
tone united press, and by the strange professional
course OF the Board OF Health relieved from any
DEMONSTRATION OF my present action. l. therefore,
earnestly request your Immediate and critical
animation of the whole matter. although l. OF course,
be Judge to try such indictment, II found,
because perhaps Interested in abating tho nuisance"
Recorder Hucett then called the attention OF the Jury
10 the nuisance OF the booths and stands In the public
streets authorized by the Board OF Aldermen and read
to them the provision OF the last charter follows at
shall be the duty of the Common Council TO prevent
cr0achment upon and obstruction to, the streets, high
ways roads, and public places not including parks, and
to authorize and require the Commissioner or Public
Works the same but they shall have power
to authorize tho placing or continuing any encrOach-
obstruction upon any street or sidewalk except
the temporary occupation thereof during the erection or
repair Of building on lot opposite tue same" lie
added Prior to this charter provision the Board OF
Aldermen could have legally given licenses TO sidewalk
distractions Last week communication OF the Com
missioner OF Public Works aud Mayors veto brought
the subject my notice earnestly invite your cooper
alton with Them even although by force OF your duty.
you should have apply 10 tho said Board OF Alder
men the law Of the Court of Appeals, to which have
above referred"
Elmer Coe, indicted for causing nuisance at Green
point by fertilizer mandatory, bail yesterday in
5000. his brother, j. W. COe, becoming his surety.