, 1881-06-26
waive this inherent consideration in the con-

Moreover, has not the City Government /
| right Of control in such matters? Have Al
| owner and tenant by contract between
| themselves a right to maintain nuisance
dangerous to human life aud peril0us to pub
lie health? The law Of the State confert
upon the City Government full power to pro
tcct the health of the inhabitants, ind, wllert
| the health Of the city is threatened by any
| thing done or omitted to be done, to take
summary action to abate the nuisance. With
out going into detail, it is sufficient to refel
| to the eases of pestilentia1 premises stated n
clearly-established nuisances within the
power OF the city to abate by summary proc
cess. Among the specific powers of the city
the charter confcrs authority:
To declare wtnt shall be nuisance. and to
abatc the same: and t. impose tines upon parties
who may create, continue, Or suffer nuisances
to exist.
10 do all acts and make nil regulations which
mny be necessary or cxpedient Tor the promo
ton OF health and the suppression OF disease.
III a recent case, King VS.. Davenport, de-
cideu by the Supreme Court Of Illinois in
January last, concerning the power of a city
to prohibit tia erection of wooden buildings,-
the heatt-notcs Of the decision are as follows:
]. ORD1SANcE-Io1ocrt to prevent the erection and
repair " buildings u conttH*tfbfs 'nutsrdt. The
delegation Of legislative power to Il city TO pro-
1ibit tho erection, plnciug, or rcpu'ruK or
wooden buildings within limits prescribed by
ortlnance without permission per and to direct ana
prescribed shall be made Or constructed Ut ttFc-
pruuf materials, and generally to define and de-
clare r|tat shut bc Nufsu1ire*, and to authorize
ana direct the s'tnn'a'y abatement thcrcof. etc., is
Within the competency OF legislative power. and
authorizes tho passage OF an ordinance prohib-
itiuE the erection ur repniring Df any building
within The tirc-tilnits with combustlble mate-
riuls, and providing for the summary AbutoWent
or removal of the same.
ulolts tor,ts and Cities Unwhotesonae trades,
slaughter houses, operations offensive 10 tue
senses. the deposit OF powder. the application OF
steu11l- power TO prOpel cars. tho building with
eo,nbustiblc materials, aud the burial uf the
dead may be prohibited in tho midst IF dense
masses OF population. on the grn:ral principle
that every p:rsO ought to SO use his property
us not to infuro his neighbor, ana that prirdtc
rights must 'c subscrutcnt 10 the general Interests of
4. SaME-Sam,naTu abatement 4rithout precious
trial Du jMrU. as the summary abatement Of
nuisances is remedy which has ever existed in
the law, it5 exercise clt!hUt be regarded as In
conflict with constitutional provisions Tor tne
protection Of the rights Ut private property and
giving |. trial by jury. F'r'nat legal proceedings
and F(lf bu jHrU arc mt appropriate. 11l1 Iuuc
7tcrcr f1CGh t:ttt 1T t1&"f fLt3c3-
!. The fawlnnk ing power is the sole Judge
when the necessity exists for summary nbatt- :
ment Ut public nutsances and when, If ut ull. 1t
Will exercise the right to enact such laws, but
the cnnct1ncn must he II reasonable police rug
ulatiou. m'er III good faith, for the public good.
Has the owner OF any building or the ten
amt thereof any right by contract to nlain-
tain (, nuisance? What, then, is the remedy,
which tho Court says should be summary,
which will cover the cases where owners
hire out premises which are hot-bcds of dis
casc, which are filled with pcstjlential gases,
which spread the seeds Of disease and swell
the mortality lists II ayaricc will not per-
init these owners to abatc these nufSanccs.
then Is the law powerless to protect the pub
lie:
The City Council has declared by law what |
shall be treated as Il nuisance, and when III |
any residence the drains, sewerage and |
other plumbing arrangements shall become
foul and otherwise dangerous to health, and I
The law declares the existence of nuisance |
It should be at once abattd. When cases Of |
arc found in dwelling the
law directs the removal OF the aftlict- |
I'll person, and the vacation of the
Premises If necessary. So, when ow1,-
rs OF dwelling-llouses suffer the build
ng to become foul with stenclles and health
destroying gases from filth or bad drain
NJ a conspicuous placard OIL the outer front
# that building as Il notice to the public that
lie house is declared nuisance; aud should
lso at the same time require the immediate
acation Of the building BY all its occupants,
nd no person bo allowed to occupy the same
gain until all the defects therein shall be
epaircd to the satisfaction Of the Health
'fficer, and the house rendered fit as resi-
ence.
There seems to be no other means left to
ring landlords to any realizing sense that
,nants have some OF the rights common to
and that when they discover that
Icy lave rented a dwelling given over to
,wer-gas and pcstilencc, and the owner re-
Uses to remedy the evil, they should have
10 right to appeal to the law, and find the I
rejection to which every citizen is entitled. 4
'hen any house shall be declared and posted :
nuisance, and therefore uninhab1tab}c,
I'd to be avoided, owners Of such buildings (
ay learn there is one law of the land which {
-oyides that no man is at liberty to use his ]
-operty or his privileges to the injury OF his ]
sighbor or Of the public. Then they will I
arm that by cut-throat leases they cannot {
mpel nell TO pay rent on breoding-houses s
disease, nor to live in an atmosphere Of
)isonouS g:,scs.
r