The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-07
REcoRDER nicmErr IN the BREIcH.
Charging the Grand Jury In Relation 10 the
Health Oficers and others.

At the opening of the General Sessions
yesterday the Recorder said:
GENTLEMEN OF THE GgAND jury: desire
to call your especial attention 10 the controversy
between citizens and the Health Board about
foul and presidential odors that are claimed To-
pcrvade the central pnrt Of our city and island.
and which. while annoying the wealthy pos
itivey destroy the health 81 their fellow citizens
less fortunate in matters OF prosperity. who live
nearest To the factories.
fyuu snail find wiliul negligence Of duty In
the Health Commissioners, You may indlnt
them. and the question ram he t"Sted whether
any permits whml,orNor Ought 10 D, gwen 10 "a
business TINT il liahleto heroine. ana rrnfr,sri-
~ docs sometimes become. a public nuisance.
Science Is very useful always, Dut sometimes II
happens that It's microscope becomes NOR"
technical than legal or beneficial. The Court of
Armenia in the prosecution against an old pO-
lice Board for neglect Of duty. held 1t maintain
able even whore the defence Of the official was
mn honest miscnnstructon OF lazy under legal
advice. New York Reports. vol g. y. Dob
The Court said: The law, nevertheless. must
not be technically violated ~ public prejudice.
II was my intention u yrhr ago 10 nave called
the attention Of a Grand Jury 10 these then al
legged nuisuncrs Of vile odors, because my own
family and myself had been victims 10 ana sui.
fprrls from the sumr rs also, believe. that of
my immediate ncighbor. the present eloquent
Corporation Counsel, but motives 81 drlcaey
restrained me. lest my ACTON should De lnlscon-
strued. But now by tho action Of the commit
tee Of citiZcns 10y the public views oi tW" honor
able Judges Of the Court Of over ana I"rmnrr
10y tho tone Of Tho united pr"hs, anu hy the
strange professional frisur Oi the Board ot
Health, am rnlirNrd from any miSruu-irur-
ti0n Of nay present action. J therefore most
earnestly request your lmmedii1r and critical
examination OF the whole matter. although |, ~
course. cannot be a Judge to try an indictment,
because perhaps interested in ahatIng the
nuisance.
Gentlrmen, there is still anotherGrcat md in
crcasing public nuisance sanctioned by city OIL
tlcials. The Board of Aldermen at every srs-
sion authorize the erection OF booths. stands.
racks. and other yHriouS lncumhrnn'rs in the
public streets of this rliN. This section 'e',
II. 40. 4 of tine present tinrl'r lnr.Hi 'Hud IS
lr.s-lt urollnila. NUl'h now rru ip t1ut n
.hti I0' tife iliuN of flr t1mlHuu tuuNul Go
prevent cuoI ua q. ll"ut- mon ana u'Stl fiol9
OF the struis. highways. roads, aud pubic
places. not including parks. anu QHuih rirr
and require the commissioners OF l'unllc Works
Ia remove tho same but they shall have no
power to authorize the pacing or continuing oi
any encrOachment or obstruction upon any
street or sidewalk, except The temporary o'cu-
patton thereof during the erection or rrpnlr ol
a building on n lot opposite the s1mr. PRIOR
to this charter provision IN" Board oi Ald,r-
mon could legally nnVr given licenses 10 slhr-
WALK ohstrurtons. Last wHe y 'ummuul'a,
ton Of the COMMISSION ROT iuhhc M"fNS ana
A MAYORS veto BROUGHT the subject 10 my notice,
/ earnestly invite your cooperation with them,
even although you should have TO apoly 20 tho
Aldermen the Court OF Appeals law that have
referred 10.