New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-06-01

of the Aldermen Jest about the matter Others dol not
try to conceal their uneasness President Chand-
Ter claims that the Health Board has done its duty
fully.
PRESENTATION OF THE INDICTMENTS.
Recorder llackett opened the Court of Gen
eral Sessions yesterday at IL o'clock. Dut there
immediate business for him 20 90. He waited until
few minutes before l for the Grand Jury. aud when
they came in Mr.. Anidon, the foreman. handed upa
batch Of indictments, and said IL would state, your
Honor. that the Grand jury have now finished the
business before them" The. Recorder glanced at the
batch Of indictments baud ny. ana .pcca!iy AT tde
last three. and Sail
Mn. FoELWNN ANp GENTiE'iES OF III CRASDJrEY: /
Eaveu,v,r yet been called upon express NY sasiac-
as much pleasure - feel now VITA You or urnn this
occasion lpa have very lealoUsy aud most oaiH' stN
tulu*. from ali am informed. disrarscl ynu 'uliIr
duty 30 the very ctter of the law. lou lave tnbcH
INTO coIsld'riii'n not only those matters WHEN
| especially committed 4" N"ur char. but You
have alga;iet 10 al The other mater, pacrd
your lands hy %" District Attorney and iS >-u'li,c
with reference t. 90" general hG,ues appcItalrG to
J"u' 'h''''i"' G''l"'; nav" no 1"u'i maj l'l IA
RECEIVE th' It'hh dd the appreciation lo! Noi tctuh
o The whole community for 10, go y fHu have Shown.
fui yopr cou aud ior your adde's. 10 ;c tlsr Of
uot"uil. VAN tL'.' Iti""iES CA ar 'l''h"i S'd
Inc Recorder then directed tac indictments against
Board Of Health aud tie member. Of thr Board of Al
the dcrmcn 10 be- transferred to tie Court Of Oycr and
Trmmcr
THE INDICTMENTS AGAIS-r THE ALDERMEN.
is based on the berui. t,JOln Batter to have ncs
stand on the sidewalk the -outh,rn corner 81 NcW
Church aud COurtlIuItsr Ihc ceJsr 10 III. Carr for
window In sjNtaIyc. Is not made the basis ct
Indictment though 81 consi icrc 1y the Grand Jury.
perhaps r account Of judge 1,uonucs action IA 'n-
iu temporarily the Commissions oi j. ll" Wor"- nom
interfering with it In al other rc-pc. tac iaocin. n''
arr 70. announced by THE iEiBr W..
Fifteen Aldermen are IudIciri-thr President. william
Il. Roberts. ana Aldermen William Bennett, Il fntl4
EI.lin. Thomas Carroll. Robert G.. Tj-trt john ".
Gunlcr George Han IohA T.JAep1I-.Tliu-A E.caau,
Terence KcIuru. Ilcu,y {. P.rle', Lag!, j. Plirs,
Bryan E,ly. William ~aucr aud f4'uas olrii-. 1nr
indictment Is ~ tNo counts only differing m tE' a.ir-
cations; in tAat the Aldermen authorized AM CON,
,titui,d an obstruction Of the streets. The 9th a;
they permitted and allowed the same In ca'A
count tine facts oi the passage 81 tie Eu,lrr
ordinance on April Is. Of it. being sent {" The
Mayor ON April T. OF ur Mayor. return of the
ordinance with bis veto April -, al! the P'..ns'
Of the ordinance over the NHor, Veto arr st forth
with great particularly. In each it j. ay,Fr,d THAI Tie
city hId little night 10 tho sidewalk. except for The
general Of the public. and each concludes that The
action of the fifteen Ald,rm was IN violation Of the
Charter Of l -73.
The Indictment does not state the sections o! the ciaT
ter. but they a.. follows:
SECTION Il The Common Council ehall have power to
prevent cucrulchmtIt, upon and ot-t'uct"nS =" a."
streets hiShNai-, rpd t. ana pu'I' Ilic'- h" h'"I
ms parks, and 20 authorize and REQUIRE TIC '"iIlhl'
o.
shall have 10 power 20 author ne I"clh- "i conn, u
iu of any ntut OF uiti rctun upon any -frft
or -Id,wa X. except the temporary occupation thereof
during the erection or repair of buildn. Oh ot opo
prf.uus en- pipyrd service who shall wfuly y.o
late or adc OF the provisions Of ths net sha be-
lie. med guilty Of misdo mcanpr aud IN addition 70 the
i @ one" and be eXriiic forever aftcr rom rcceiy
inC OF holding any Office under The CITY Government
The crime Is only "a misdcmcanor ordinarily punish.
able with not more than years imprisonment and not
more than $3.50 fine The presiding Judge has power TO
reduce the punishment to cents line. but the above
section adds porcmPtory punishment, Oh conviction,
Of exclusion from any city office forever.
Thr Other indictment includes John Butler with The
fifteen Aldermen IL, under the Revised aiutc' FOR
causing and permitting an obstruction which L. public
nuisance Tie Punishment Tor this Is only nuc and iin-
rrisonncut.
THL INDICTMENT or THE BOARD OF HEALTH.
There j. only one indictment of the members OF the
Board o.; Health. but includes al four OF theH-Pro
fcssor Charles i. Chandler, the PRECEDENT. Edward j
Jancwny and the oI-pfico members r Oakley Wander
porl the Health Officer Of the Port. and william j.
smith, president o. the Board Of Police. There are two
couut4 in tho Indictment one based on permitting
n manure yard and fertilizer factory In L'-t
Forty f,urth-si; the other in permitting the
work on tho Algonquin al the foot OF East
Thirty -nath-st. In each count II n st forth at
length that the nuisance In the neshborhood Of dwell
ing. that II causes nOi-omc and foul slcuchcs. impfcs
-
tn, has contGucd from January until now that If
The special duty OF tho Board 81 Health TO ahatc aud
suppress such nusanccs; that tie Health Commits
sorr- were informed OF ana well knew Of the existence
Of these u,auccs aud yet elected to abatc OF remove
them.
THIS Indictment refers To no particular statute, but
lauly Is under the section OF the Revised statutes
making "a nisdcmcanor for any public officer 10 neglect
ms duty Under this Tweed convicted. 1t Is as
follows:
Whore any duty Is shall be euoiued by law upon
nrV public officer. upon any person holding any pub
ne trust employment every wliui neglect 10 perform
such duty. where special provision snail have been
made for The punishment OF such druqur nCy, shall he
iui.lrm,auOr punishable as herein described.
Tho extreme punishment Is ono years imprisonment
aud 500 fine.
Auudur, Of Assistant Attorney Rollins. who
has these specially In charge. elected the stale
men, that no effort would be made to arrest the Alder
men or the members of the Board Of Health. Notice
would De given them to appear before Judge Barrett
i'm tie { ourt OF oyer and Tcrminer and II wds hardly
probable that would run away, 'r f To appear II
was only Disdemeanor, and they could appear by
counsel
VIEWS OF THE HEALTH DEPARTMENT.