The Sunday herald. [volume] (Washington [D.C.]) 1866-1887, 1882-11-05
CLOSING rtE AtpEpNEv DAIRY
Judge uagner Threatens Co Put an Eud
60 One oTthc Most Useful Enterprises
IA thc ntstrIcN.

Justice Hagner, holding the Equity Court,
yesterday read long decision In the case Of certain
petitioners against Frank II, Ward the cuierpiising
proprietor ot the Alderuey Dairy, ahorlug 70 show
reasons for his Houors action In virtually granting
an Injunction that viii break up Mr.. Wards useful
and valuable enterprise altogcthcr The decision be.
gins with the reign of Richard H. ti6as aud comes
down through number Of Maryland cases II adj
mits that aindavits are filed not only by MT. Ward
and thirty four VI his employees, but bY MeSsrs Mot
rlson, Jacobs, New h0rtor, Inuey, y. u. Hamilton,
J. G, ErGood, aud Or. q. Lloyd Magrudcr, who
arc among the most respectable and rcnued
residents IN the immediate nclghborhood that there
offensive etlluvia from the Dairy. Tho Health
Onccr and Chemist ot the district have
also reported that the place ON Third street us In
exceptional sanitary condition aud free from nuis-
ances injurious to health.' Rut Judge llagner
the adyN Miss Tllcy) IN opposition 10 all this.
Judge Hagner paid high tribute to Mir. Wards
methods Of business and to the public dement's con-
ferred Ivy his opening ofdairy lunch rooms IN vntious
parts or the cl but nevertheless wound up by dcclat-
Ing that the horses must I've removed from the THIRD
made. and II the making VI cheese or butter was Of
fensiyc to any Of the nelchbors 1t must also he
stopped, OF At the end ot one month he would grant
petcmptory Injunction The signing Vt the order was
deferred until Monday.
The trouble with the Judge SEEMS to he that he not
only comes here from the quiet town of Annapolis
with his mind fun nf Maryland law aud pfoccdcnts,
hut that he himsefo Of cNVusitoiy nervous highly
| strung temperament, and apt tn sympahze with
other persons WHO profess themselves mpthidly sens
tive to sounds ana udurs. This seems 60 be proved
| among other things by his using all his oficia In
UucHte Win tue commissioners 10 get ilo stand
the three cent ears PENNSYLVANIA avenue removed
tum the Vicinity ~ his and his brother houses, and
also 10y the Injunction hr granted against schneider
foundry the petition Of ont ueighbur, who had to
| be bought oil at a heavy advance. lie also seems
| rather young ON the bench yet 10 appreciate the
dangerous and terrible power over the liberty and
property Of citizens which the arbitrary power Of In
junction puts IN the hands ot an equity Judge. 1t
win lie remembered that lie granted an injunction tn
prevent Clark MINIS removing valuable statue frnul
| his farm In the country the absurd petition %
monthly tenant, which nearly lost to the sculptor his
| order from the state " Tennessee.
| MIR. Ward has since been seem aud while not de-
string to reflect upon the court IN any way, says that
| 1t win he impossible Tor him to carry out its
| suggestions In regard t. putting rubber
| bands SOO-puund cans ot milk Ia
| make them uuiSeless, aud that to remove his
| horses To- one place, his machinery IN another, aud
take them from under the constant supervision he can
give from his residence next door, Is virtually to de-
| clare that he must abandon his trade, The Judge
mad remarked that II lie found flaw In his title or
fire destroyed his property 1t would be similar loss
but he did not think that the action NJ court ought
to he comparable to Are or flaw In title. Every
business man the District Is concerned In this case,
Tor II the petition OF any neighbnr Is ground for
cuiolnlng legitimate and beneficial trade as nuts
ance there Is no security anywhere In the District
and Washington may well I've given over to soil
tule and starvation. This would be making desert
| and calling II peace.