The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-07
CITY NUISANCES.
RECORDER HAcKETr's CHARGE TO TIE GRAND
JURY.

RECORDER HAcKETr's CHARGE TO TIE GRAND
Recorder Hackctt opened the May Torn OF Part
OF the Court Of General Sessions yesterday, Mr.
Francis II. Amidon, of No. 220 Fifth avenue. having
boon chosen foreman OF the Grand Jury. After hav-
ing alluded TO tho usual statutory provisions the Re-
corder said:-
GEsrLEnEN OF THE GRAND JURi- desire 10 cell
your especial attention TO the controversy between
cizens and tho Health Board about foul and pcstien
tial odors that claimed TO pcrvade the central part
OF our city and island and which, while annoying tho
wealthy, do positively destroy tho health oil their
fellow citizens less fortunate in matters Of
prosperity who 1.-Two nearest TO the factories II
you shall find wiliul negligence OF duty In tho
Health Commissioners you may indict them and tho
question can be tested whether any permits what
become, and confesscdly does sometimes become
public nuisance science IS very usciul always but
moro technical than legal or beneficial The Court OF
Appeals in the prosecution against old Police Board
Tor neglect OF duty held 1t maintanablo whcro
tho defence OF the official was an honest sconstruc
tiOn OF law under legal advice. New York Reports.
vol. 81 y. 203) Tho law, nevertheless, must not DO
technically violated TO public prejudice. Il my
intention year ago 10 have called the attention OF
Grand Jury TO these then alleged nusances Of vile
odors because my own family ana myself had beon VIC.
tins to and sufferers from the same. also l
believe TINT OF my Immediate neighbor, the present
eloquent Corporation Counsel; but motives of delicacy
restrained lost my action should be msconslrucd
But now, by the action oil the committee oil citizens,
by the public views OF two honorable Judges OF the
press, and by tho strange professional rgor OF
Board oil Health am relieved from any misconstruc-
request your Immediate and critical examination Of
the whole matter, although OF course, cannot be q
Judge to try such an Indictment because, perhaps In
tercsted In abatng the nuisance.
slDEwALK DISTRACTIONS.
Gentlemen, thcrc Is still another great and
ting public nuisance sanctioned by city oicias TEe
Board Of Aldermen every session authorize tho
erection OF BOOTHS stands racks and other various
IL No ~ fOrblds
and expressly prohibits, which now read TO you
II shall DO the duty OF tho Common Council sto pre-
vent cfoachments upon, and distractions TO, the
streets, highways roads and public places, not IN
cudiDg parks, ana 70 authorize and require the Com
missioner Of Public Works to remove the same, but
they shall have power 10 authorize tho placing or
continuing Of any encroachment or obstruction
cupation thereof during the erection repair OF
building on lot opposite the same" Prior TO this
charter provision The Board OF Aldermen could legally
have given licenses to sidewalk distractions Last
weok communication OF the Commissioner OF Public
Works and Mayors veto brought tho subject 10 my
notice. earnestly invite your cooperation with
them even although you should have TO apply 10 the
Aldermen, tho Court OF Appeals law that have re-
fcrred TO.
Tho Grand Jurors then retired TO their deliberations
PETITIoyIN0 THE BOARD OF HEALTH.
The following ettor and petition have boon sent 10
the President Of tho Board OF HEALTH the sgners OF
tho petition bong 1876 business aud
living along tho avenues in tho vicinity OF Thirty
ninth street and the North River.
New York. May 4. 1878
Persons inform this association that awaits not"
on their behalf submit TO you the enclosed petition
THOMAS 3. MUsGRAvE, Chairman.
The petitioners say
We have suffered greatly from the bad smells arising
and near North River and Eleventh from Thirty
Ise as S @ me cir
tho Board OF Health 60 put stop to It.