The daily gazette., 1879-10-09
The Bone BotsinS Establish
7neMt.
THE CHARGES AGAINST A. u. '

THE CHARGES AGAINST A. u. VAN
DkyER DISMISSED BY THE MAYOR.
The case of A. d. Vandever for main
tanning q nuisance in the shape of bone
boiling establishment, at Sixth aud Ter
race avenue, came up last evening be-
fole the Mayor.
For some time pastthe residents of the
vicinity la which the mill is situated
have been entering complaint 10 the
Board Of Health.
A short time ago the Board visited tie
establishment, and after declaring it a
nuisance, ordered 1t to be abated within
ten days. No notice was taken OF the
order by Mr.. Vandever, and at the meet
ing Of the b ard on last Monday even
ing several Vf the residents again enter
ed complaint, and several of them ad-
dressed the Board on the nuisance. A
motion was passed by the Board author
iZing the Executive officer of the West
ern District to notify Mr.. Vandever to
abate the nuisance within five days, and
If the order was not complied with to
cause Mr.. Vandever's arrest.
Yesterday Mr.. Bowers, the Executive
officer Of the Western District, appeared
before the Mayor and swore out war
rant.
At the hearing, City Solicitor Macal-
lister appeared for the city, and Charles
b. Lore, Esq, for Mr.. Vandever.
Mr.. Macallister opened the case on be-
half of the city, and read various sec
tions of the Charter, and The ordinances
creating and governing the Board OF
Health. He read the ordinance on page
1856, which Is as follows:
| If any person shall exercise within
the limits Of the city, any trade cI
manufacture that shall corrupt the air
by offensive smell, every person so Of
tending shall be guilty Of common
nuisance, and for every such oflense
ST all forfeit and pay fine OF forty dol
lars
The Legislature had seen fit at one Of
its sessot 8 to extend the power OF the
Board to go outside the limits Of the
city for one mile to aba'e a nuisance
He wa of the opinion that the Boai d
should notify Mr.. Vandever to abate the
nuisance within reasonable length OF
time, and if he should refuse, then the
Board had power to cause II to be abat
ed, and collect the costs therefore, by a
|
II we can proceed against Mr.. Vande
YER, it will be under the ordinance on
page 1856, and that states within the
limits of the ci y. 1t has already beer
provrn that Mr.. Vandever is not within
the limits of the city, and if your Honol
decides that you have NO Jurisdiction il
the matter, we will waive hearing
and let the Board abate the nuisance
and then collect the costs. %
do not feel disposed to pres
the matter, as am assul &c
that an appeal will be taken, and thu
matter carried to court. ! am also o
the opinion that the city would lose th'
case and have to pay the costs.
Mr.. Lore said that the legislature ha
delegated the power to council to abat
nuisances, and that body in turn has del
egated the Board of Health. to attend +
such matters, and to go vae ,nile outsid
of the city limits, for what? to declar
a nuisance, and to abate it and collec
the costs through civil action. lie aske'
that the case be dismissed. After few
more remarks by Mr.. Macallister, Hi
Honor decided that he had no jurisdic
tion in the matter.
Mr.. Monaghan, President of the Boar'
of Health, desired to know if the Boart
could tear down the buildings? MIR
Macallister informed him that they ha'
no such right, but had sufficient powe
to abate the nuisance and collect TIN
costs.
The case was thereupon dismissed.