Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1884-03-26
TWO NOTABLE PETTTIONs

The Hartford Times very properly calls
attention to two petitions which are before
the legislature-one in behalf of a Mr.. Raw
mond, which asks that $5, 900 be paid him,
and one in behalf of the town Of Groton.
The history of these petitions is interesting,
Some years age the scarlet fever was
prevalent in the town of Groaon, and il was
especially affective in the village Of Pequon
mock. Hardly house was free from the
disease. The church and school were closed.
The local authorities bestirred themselves
ana began search for the cause of the Cpl
demlc. Their attention was directed to some
brush, which had been placed in the small
river which runs into the Sound to catch the
spawn Of oysters. 1t was principally owned
by Mr.. Raymond. Medical authorities
pronounced the brush to be instrumental in
spreading the ravages of the raalady. The
town authorities consulted the State board
of health, who advised that the brush was
the cause of the disease, and that it be re-
moved SO soon as the weather should be cold
enough to allow the removal to be safely ac-
complished. The local board of health, se-
lectmen and justices then issued an order
requiring the owner to remove it. This he
refused to do, and the board itself removed
the brush in accordance with the advice of
local physicians and the State board. Mr..
Raymond brought suit against the agent of
the board of health for damages. Tho case
awakened great interest, and was contested
very stubbornly through the courts The
Supreme court, however, sustained the board
of health, and Mr.. Raymond lost his case.
The town paid the expenses Of removing the
brush, and also the expenses Of the trial.
Mr.. Raymond now comes to the legislature
asking for $4,000 damages which he claims to
have sustained by the removal of the brush,
and the committee to which his petition was
referred has reported favorably upon it, But
that the legislature ought to order the pay
ment of $4,000 to Mr.. Raymond is, to say
the least, doubtful. The action of the Board
of Health was in behalf of the health and
peace of the community This, as the Times
points out, is altogether different from the
right of eminent domain, by which the State
condemns property which is harmless to the
use of some general public benefit, as for
school house, or Jail, or railroad SIN
the latter case the owner of condemned prop
erty must be compensated. His property is
appropriated for public use, but not de-
stroyed in the interest of public safety. If
the legislature accepts the reports it may then
be prepared to reimburse the owners of all
slaughter houses and pig pens which have
been removed by order of any Board
Of Health, and to recompense every
man who has been obliged to repair q
drain, to answer to the claims of demurraee
for every vessel which has been ordered into
quarantine, to repay the railroads for their
expense in maintaining gates and changing
highway crossings, and render pecuniary
equivalent for the hardshlps of such small
pox patients as have been taken away from
their families and confined in pest houses"
OF course Mr.. Raymond will hardly be
able to look at this matter as the Times looks
at it, but the Times view seems to us to be
correct. To pay Mr.. Raymond the damages
he claims would establish dangerous prece4
dent which might be used 80 as to prove very
expensive to the State. And the expenses of
the town of Groton in the matter should not
be paid by the State.