Daily Republican., 1882-08-24
|TATyTAINING ANUISANCE
~ANUFAUTURIRG FIRM
y pnED WITH VIOLAT-
OC a CITY ORDINANCE

INGACITX O"DANAN
S-A-S
Mavor's Office was packed las
The me with o perspiring crowd, Wit
pTen.n.sS .Sev mopped their foreheads anc
,.nnsd themselves VIII Will tletr Itla. na's ;
snh AHMED with the greatest interest I !
Eas'ht ~ that was brought as ainst Mills q
gult Sn" AZ the instance of the residents
CcmSS aSS vicinity of Fourth and Spruc'
~ tno The defendants besides carry
gtreets' coal and wood business, alsC
ng on %sUons and for the purpose O.
guilu a tbelr iron work have a black
nolnS SItS sbop erected on the end OF theil
emlIn InuorS o Spruce street from which Il
O' lwI,Ssad w"d by the complainants smoke
slles dSss arise 80 az not only to be- Of
eno sa'ih Int also deleterious to theil
leDSlve pT The suit was brought by Exc.
pSs;ve os officer Ward for the Board Of
&I EsaItb, and Levi @. Bird, Esq, appear
healsn' ~. ',he prosecution, while Mills &
y Ss lSs ,u vera represented by l.. @. Van
Ollie .ss ESQ, who after examining the
pegrnSt asked the Mayor todismiss the
aa ati~ an tbe ground that the warrant
Iid ii' not specify what the nuisance con-
listed Of. ,s .ho.i+uos IN
aoossary, @ as ifthat was required there
oU S"iS neyer be q conviction under a
u.S S"rrsnt n, The Mayor overruled Mr..
Csandeprift's objection, and commenced
4 hear the evidence. George u ward
ostISod tT that he had visited the house
'' \ M Calhoun, one of the complain-
gn.S who resides about 25 feet from the
Sor @ and saw smoke and SCOT coming
,om Ur Mills g. Combs building.
M Nv Grimshaw was called in recently
attend three OF Calhoun's familyiwhO
ara taken suddenly sick with vomit'
n0 After thoroughly investigating
hs case he was Of the opinion that their
Ickness was caused by gas from the
Slaoksmith shop of the defendants.
bhs house was filed with the odor
Ebich was sulphurous and unpleasant.
IN cross.sxamination the Doctor re-
baated his statement that he attributed
l6eir sickness to the gas. Mr.. Calhoun
{astified that he owns a house in the
ticipity Of Fourth and Spruce streets,
Md was greatly annoyed by the smoke
bpd gas, and frequently during the
Earm weather has had to keep his
house tightly closed. He has also had
send bis family away. The defen.
antS have four fOrges In the place, and
bays knocked number of boards of
lhe gable end to allow the vapors to
bass out.
A number more witnesses were ex-
hmined for the prosecution when Mr..
Bird said that although he had other
Witnesses present, ne would not call
Inv more, as he thought the evidence
already taken clearly showed that the
place was an intolerable nuisance.
Mr.. Vandegrift then opened for the
Aefeuce and said that he would show
hat there was no more gas or smoke
cOming from this place than from other
Establishments of 8 like nature. He
Examined number of witnesses and
endeavored to show that the smoke and
has complained of did not come from
lhe defendants workshop, but was
Daused by the shifters and locomotives
passing along the railroad, and some
M the witnesses testified that the
smoke frequently came in to such an
bxtent that it was almost impossible to
femain in the shop or o1ice. He also
put Mr.. Everett, foreman of the black
emith shops OF the P. W. & B. Railroad
Company, on the stand as an expert, to
prove that instead of being unhealthy it
Fas conducive to long life and perfect
health to inhale gas and smoke from
BOft coal.
The Mayor asked Mr.. Everett if men
did not frequently leave the Company's $
ehops on account of the smoke and gas,
There was never any one left on that
account to my knowledge" replied the
witness. "Well," said the Mayor, "I
know Of several who have left on that
account, in fact, sdvised them to leave
o they would have died had they re-
NAMED"
Mr.. Vandegrift then made his closing
argument for the defense, and said that
!nls was an attempt to drive manu-
lactory out of the city, and if the ordi-
nance passed by the Council applies to
Mills & Combs, it also applies to Har.
IAN q HOllingsworth, jackson & Sharp
'and others He cited several. manufac.
sufles, and said that although there was
4 greater amount of smoke and gas
C0ming from them, there was no com
PANT Oh the part of the neighbors, and
COncl1ded by asking the Mayor to dis
niss the case.
MI. Bird in reply said he would be
ue last man to do anything that would
snterfere with the manufacturing inter-
ESs Oh this city, but at the same time
rae9 a mandatory endangers life
eau aeaith and ruins other men 8 prop
Fly 1t should be stopped.
W opoke lor some time and closed
v asking the Mayor to give judgment
salnSt the defendants for the full
aounG IitIo OF the fine and costs, and
snen, said he, "if they don't stop
~ uS nuisance we will fine them again
NY hna again, until they do" In giving
S.s tS usclSiSn !. the Mayor said that no one
fsu the interest Of the city more at
pSonS 0orS S9an himself, but he thought the
SUUp.e USl mad some rights as we'll as the
rSSnOlacturers. LAM Therevis no doubt but
"uSC nS some manufactures are nuisances
Cno na SGTGordlng to the evidence this is
gIo sSe. de then adjudged the blacksmith
EUp EOI. nuisance and fined Mills &
Umps s~ua S4o and costs. Mr.. Vandegrift
ppeale0 from the decision and will
b .y %y. Sne case to Court. There were
SminS1 ni,S1eSSes examined and cross-ex-
bccnU'as nTu and the hearing of the case
occupied over two hours.
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ktnhn 90