Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-11-04
WHAT CONSTITUTES A NUISANCE.

ing on business eight years.
THE ALLEGATION OF BAD SMELLS AND NOISE
Does the bill set out a case? 1St 1t sets out bad
Smells and on this point he read authority that
trades which permeated the atmosphere with Of
fensive smells should be entoined 1t was not
necessary that the public health should be threat
ened, but that the smells alct the comfort or the
neghbors.
| 1t was not every noise that WIS nuisance A
create nuisance tinman hoWever who Worked n
early In the morning and late at night, when
others are supposed to be asleep; was enloned.
be nuisance, and the authorities are that private
| stables and barns may be such. On page 81, sec
required to be built in specified manner. Under
| the authorities where horses are kept nuisance
may result.
| If THE ALLEGATIONS ARE PROVED THEY ARE ENOUGH
| TO SUSTAIN THE PRAYER
The bill alleges enough, II the compliments can
prove the allegation, to sustain the prayer. He
read the case of party in St Louis, for keeping a
dairy, in which the same charges were made as
here. where it was decreed that the place was a
nuisance at common law. He cited also case OF
Rainy agt. the Baltimore and Potomac railroad
In AZ Maryland, and said our court 0he Supreme
Court Of the District) had made Silnil r decision
In the case Of the Filth Baptist church agt the b.
& P. R. R.
| AS TO THE PROOF SUBMITTED.
Having said this he asked Have the complain
| ants (Walter, Gilbert and Clephane) made out
such a case as to call for the nterpositon OF the
| chancellor? They say Ward keeps 16 horses, that
he has machinery, &C., creating a stencil, noise,
&C., thesneigborhood being reused at O'Clock a. n.
by gongs, the rumble of wagons and the rattle OF
| tin cans, &c. He had no doubt but 1t set forth
| what constituted a nuisance.
The file also IL affidayitS, 8 OF persons living on
| the same square, some OF which he read Miss Til
| ley'S). that from the dairy smells ernanate, &C.
depreclatlng the property, &c; also. those OF JAS
o. Clephane, Miss Ferry, George f. Gilbert and
others.
Mr.. WARDS REPLY REVIEWED.
One side was good till the other is heard, and
now what is said? Mr.. Ward was called upon to
reply to this and he states In great detail the
operations of his business and the court was glad
to hear OF the enterprise Mr. Ward admits some
OF the allegations, such as noise. and
1t, and denies the allegation as to the smells,
stating that he has erected ventilating Shafts
ployes; that there is no necessity for gongs being
| rung except one to wake the employees up
HI He states that the milk IS received there
and denies that stale milk Is allowed to remain on
thepremises. The concluding paragraph OF the COM
municatfon OF the employees says that they are de-
pendent upon the business, and they (the thirty
| Tour who make the affidavits) state there is no
ef1iuvia. &c. In this connection the Judge re-
marked that While they are working they could
not observe the effiuvia that others could. These
af1dayits were substantially Mr. Wards.
Morrison, Jacobs McWhOrt r. DR.. 6. L. Magurder
| Haney, j. r. Hamilton, j. c. Ergood and others,
health on these two sets OF affidavits and the
report OF the health officer, that the place is in
| exceptional sanitary condition and free from
nulsances injurious to health" he was to decide
| the case.
| THE NUIsANCEs II THIS CASE.
| He referred to the premises being on a very
| shallow lot in square thfckly built up. Mr..
! Ward admits that he keeps here IS horses land
| some livery stables have no more) and in space
SO feetb by half the width of the lot (a it is impos
sible to keep that number in such contracted
| space without a nuisance. Then here is the gong
| What earthly right has man to ring gong at
up shoemaker. If they have the right
| to make up these parties why have not the men
engaged in other business the same right? Is
there any necessity for the mOnopOles, the big
Establishments, to commit nuisance, first the gong,
then the rattle OF the cans, to show their great
ness? He referred to the smells and said that
he was obliged to take the afIidavit of the lady.
Taking the answer OF Mr.. Ward and the affldavits
he was forced to conclude, although he was GER
tain that Mr.. Ward was doing his best to conduct
the business without disseminating his neighborS,
that there was condition OF affairs which constt-
tuted a nuisance.
1t had been said that Mr.. Ward had invested
large amount of money, and the court should
Mr.. Perry.-Not in that sense. your honor, but
that he might have an opportunity to take testi-
mOny
The Court shall give him an opportunity to
take testimony. While Mr.. Ward had made the
investment, others had rights, though they might
De p poor they had rights He did not see that
damaged; for the removal OF the machinery
would not render the buildings vaIueless. The
new Pension Office is coming to this neighborhood,
and the population will settle around it. Mr.
Ward was entitled to the thanks OF the community
uSh he eat ne nao a1n for the
to decide that he could remain at this place con-
Quoting It, as alleged, would be to place ourselves
at the mercy OF the milkmen, who would have the
same right to establish such places at any place
they pleased.
MR.. WARD ENJolNED AND THE INJUNCTION sus-
Upon the whole. and bearing in mind that the
| respondent has been engaged in a laudable enter
prise, and on the evidence, he was Of the opinion
| that the Injunction ought to made, for while
| carried on without becoming nuisance he is
certain that it could not be carried
ance. He would, therefore, make an order that
| MIR. Ward be enJoined from conducting the bust
| ness in such manner as it shall not discommode
the neghbors. He was quite sure that Mr..
Ward would remove his stables elsewhere, place
rubber bands round his cans to prevent the noise,
and for that purpose he would suspend the en-
fOrcement OF the Injunction for such time as may
| be agreed upon.
| Mr. Perry said that all Mr. Ward wanted was to
take testimony and he thought that four or five
weeks would be sufficient.
| Mr.: Riddle objected to the horses remaining
| there even during this period.
February 1st.
| sonable to give Mr.: Ward month.
MI. Riddle said that 1t was possible that on re-
nectlon they might come to a better understand
| Ing, and he would present paper on Monday.
THE GARFIELD BOARD OF AUDIT to-day received
the bill OF Mrs. A. Edison against the estate of
| the late President Garfield, which had been re-
turned because Of certain informalities Her claim
Is for $4,000 for skiful attendance In ner profess
Sional capacity as physician. 1t will therefore
have to be considered as coming within the limit
OF $35 Coo allowed to the physicians under an act
or Congress. The board will meet at the Treasury
department early next week for the consideration
OF the bills OF the physicians.
THE CASE OF ARTHUR PAYNE.-The hearing In
| the case OF Arthur Payne, charged with attempt
ing TO corrupt star route Juror Brown, was closed
i last evening after Mr.. Ker finished speaking for
| the government Judge Smell will announce his
decision next Wednesday.
THE SRvREs FACTORY for several years sold white
porcelain, and this being decorated In Paris Is gen.
orally sold as "genuine Sevres-" It is all marked
with an oval line around the letter and date
S79 standing for 1879 But before leaving the fac
tory small groove was cut through this marx,
and though sometimes not apparent TO the
| eye, can always be felt with the finger nail, and
/ no piece with this gr0ovewas ever decorated at
i SevreS Howard & Co., OF 5th avenue, New York,
have large assortment OF the real wsre. with
genuine decoration. and al that thoy guarantee