New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-12-07
The TENEMENEHOUSE CIGIR BILL.
MR.. EvARTs's AID JUDGE HANDS ARGUMENTS UPON
ITS CONSTITCTIONALIrY.
fay TELEGRAPH To THE TRfBUSEl

BY TELEGRAPH To THE TRiBUNE.l
ALBANY Dec. 6.-The case of David A. Paul,
involving the consttutionality OFT Tenemenhouse
Cigar Bin" was argued in the Court OF Appeals to-day
1t came upon appeal from an arnance by The
General Term OF tho Supreme Court Tst Department OF
Special Term order dismlsng wrts of habeas corpus and
certiorari obtained by the appellant to inquire into tile
cause of his detention in prison. Paul. with his family,
occupied connected rooms side OF middle hall
way in the fourth story OF the house No. 37j East
Eighth-st., Ncw-YorK. This suite OF rooms runs
from the front 10 the Of the house the rear room,
with window opening to the air was used ~ kitchen
and dining room There two rooms used sleep
ing apartments, provided With windows opening the
hallway Next was at the front Of the house with
windows opening TO the street In nthsroom Paul carried
on his work eiarmaker for which he was arrested
under claim that in violation of the act i'll ques
ton.
Paul's appeal to-day was argued by wiHiam
NJ Evarts, with whom A. J. DittonhOcfcr
and Morris g. Wise were associated ~
counsel Judge Samuel Hand appeared for the people
and assisted by Thomas Allison and John H. Strahan
Mr. Evarts cited statistics to show that the death rate IN
nine in 900 during 1SS3 while the general death rate In
the city was trtyone in 1000 In s legal aspect, hc
claimed that the tenement house cigar bill authorized
such interference with personal freedom aud private
property forbidden hy Section q. Article l. of the
Constitution Of the stae; thai the owner OF
property a7aSprl'ed ~ he aS oi an use m
"pOice power Of the Legislature, which could he eXer
c1sed only FOR pubic objects ana not aS pr or personal
regimen health Mr. EvaIts also argued that thi- kind
of legislation also repugnant tO that clause OF the
Consfitution-ATtcle l., section (which intended
to secure equality OF rights to all citizens and absolute
protection against prescription or displacement In their
persons, property, employ ncnts and the security
OF their homes. The hill also I'm contra.
venton o. the Federal Constitution, In that
IL imparcd Obligation OF contracts, aud
also Unconstitutional in that II was local and embraced
more than subject, viz the prohibition OF manu-
facue aud mandatory direction 10 sanitary inspectors
In relation TO reporting violations.
Judge Hand In opposition, claimed that 10 was within
the discretion OF the Legislature To determine whether the
manufacture OF cigars, etc. In encmcnthOuses pre-
judicial the public health and the prohibition thereof
expedent that such prohibition exercise of the
States police power no greater than the Introduction OF
other unwhOesOme trades and the control or slaughter
houses operations offensive To the senses the deposit Of
powder the application OF steam power 10 prOpc cars,
building with combusbie materials, and the burial OF the
dead.
The Importance Of the case and the high standing Of
the lawyers engaged drewa large number OF people to the
courtroom during the argument