Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-10-07
BOARD OF TRUSTEES.
SLAUGHTER.H0USE CASES = TIES.
TIMONY OF DIR. CLUNESS.
The Board Refuses to Modify the
Ordinance-The Levy of the
Bond Tax Postponed.

members present. Long before the hour of
meeting the room was crowded with citi-
zens from the eastern portion of the city
who were opposed to the modification of
the ordinance relative to the maintenance
of slaughter-houses within the city limits.
Some months since number of citizens in
the eastern portion of the city met one
evening at the residence of Victor Lemay
and petitioned the Board of Trustees to
have the slaughter-houses of A. & A.
Hebron, which are located in that vicin-
ity declared nuisance, and if possible,
removed from the city. After evidence suf-
ficient had been brought before the Board
of Health to establish the fact that the
slaughter-houses were nuisance, the
Board so declared and ordered their
removal. The citizens, whom it
appears had once before been in
volved with the Heilbrons regarding
their hide-houses, were determined that
the slaughter-houses should be removed,
and TO that end employed Grove L. John
son to prosecute the cases. Fearing con-
viction could not be secured before jury
| when the fact of a nuisance existing would
have to be established, the defendants were
|
which prohibits the maintenance of a
slaughter-house within the corporate limits
of the city. The Judge refused to admit
any testimony regarding the cleanliness of
the place, holding that it was only neces-
sary to establish the fact that it was within
the city limits and the parties were guilty
of q misdemeanor. On the 18th of Sep
TENDER the Heilbrons introduced the fol-
lowing ordinance, which caused the people
to assemble in such large numbers vester-
day. 1t is the ordinance as it now exists,
except the portion in brackets, which is
added. If passed, all the slaughter houses
now in the city would be allowed to re-
main:
Section l. Section of Chapter 10 of Ordi-
nance II is hereby amended so as to read as
follows: Section T. 1t shall not be lawful for any
person to slaughter any animal within the city,
or erect, maintain or use within the city any
| house, shed or other building a slaughter
| house, or to dress clean any slaughtered
animal within the city Except that portion of
| the city lying south of street and east of
Twenty-ninth street of said city; also that por-
ton of said city lying south of X street and
west of Third street of said city; and, provided,
that this exception shall only extend to the
slaughter-houseS now within those prescribed
| limits; or for any person, agent or owner to
| keep any pit, pool or vat OF standing waters for
! tanners or dyers use, or for any other purpose
whatever that will render it unwholesome or
offensive; or for any person, agent, owner or
tenant to discharge, leave upon, place or keep
| upon or in any street, alley public square lot
! yard or other place within the city, any noxious
| privy, sink or cesspool, or any dead animal
| bird or fish, green hides or skins putrid, I'M
| sound, unwhoeSome or refuse flesh offal gar
bage, or filth of any kind or nature whatever
| Every owner, lessee, tenant or agent or occu-
pant shall be liable for any violation of this
| section, either jointly or alone.
The matter has been tried in the Police
Court, but the jury failed to agree, and
since then the Supreme Court has decided
| that the ordinance is valid. The Heilbrons,
however, have constantly maintained that
they did not maintain nuisance; that
their slaughter-houses were not inimical to
| the health of anyone, and were located in
remote and sparsely- populated parts of the
city, where no injury is being done to any of
| the inhabitants that said houses were con-
structed and fitted for said business long
| before the said ordinance was passed that
said houses are conducted in such manner
as to emit no nOxiOus, unhealthy or annoy
ing smell, and they are not nuisances to
any person or in any sense; that said houses
! have been examined, and some of them
approved by the Board of Health Of said
city, and also by the Board of Trustees;
that the effect Of said ordinance is to con-
| denim the good and bad alike and to de-
Stroy the lawful use of property held in
| private ownership; that the said ordinance
is arbitrary in its present form, and should
be amended so as to condemn only such
as are conducted in an uncleanly, unhealthy
| and unwholesome manner, so that the
! question as to whether said houses are in
! fact nuisances may be submitted to and
decided by jury.
When the proposed ordinance was pre-
sented it had the written Endorsement of
! the Board of Health They said they had
visited the premises, and were of the opin-
| ion that they should be allowed to remain
| where they now are, so that they would be
within the jurisdiction of the city authori-
ties, and by that means could be kept
unobnoxious and clearly. The Heilbrons
asked the immediate passage of the ordi-
nance. The Trustees all agreed to vote for
! its passage on the recommendation of the
| Board of Health, but insisted on its being
laid over for one week, under the rule
Grove i. Johnson, on behalf of his
| clients, protested against the passage of the
| proposed ordinance. While he was aruging
the improperly of its passage DIR. Cluness,
| the President Of the Board of Health, who
had been sent for, came in, and Mr. John
son gave way to allow the taking of his
! testimony.
DIR. Cluness said that originally he was
unqualifedly III favor of removing all the
slaughter-houses from within the city lin
]
days ago, when he was informed that the
Heiibrons proposed, if compelled to, to
move Just block further east which would
| take them outside the city limits This
! would be of no particular benefit as the
nuisance would still remain. He had Wis
tied the slaughter-houses on three different
occasions, and on each visit found them in
a more clearly condition than on the pre-
ceding. They removed their hogs, i'm
! N
III the future they would be kept clean If
that were true, 1t, in his opinion, would be
better 70 have them on this side Of the line
and under control of the municipal author
tiles. On last Saturday he again visited the
premises and found them verv fflthy-not
nearly so clean on former visits. Thirty
seven hogs were i'll the pens, and he was
informed by lady who lived near by that
they had been there for several DAYS. and
he was of the opinion that they were
still there. lie said that the floors
and walks We're covered with excre-
ment and filth an inch in thickness
and lying on the floor were two carcasses
of large calves which had been taken from
the carcasses of slaughtered COWS. and
about this species of veal were thousands of
flies He now was in favor of having the
Slaughter-houseS removed; in his opinion
they were nuisances, would be maintained
dS Sutlli ana OuSilL 10 ne aDOllSueu. lie
did not think such places should be allowed
in the city, and was of the opinion that the
Trustees would act unwisely if they mod
flied the existing ordinance so as to Iegalize
them.
Acknowledgement Hart, counsel for He'll
hron, asked the doctor if it were not better
to have it just inside the city, where it
could be controlled, than just outside, where
the city authorities would have no jurisdic-
ton.
DIR. CluneSs replied 81 am informed.
Mr.. Hart, by eminent legal authority, that
it can be abated outside the city just as
easily as inside"
A. Heyman, who owns few vacant lots
near the slaughter houses, read long argu.
ment against the proposed ordinance
Grove l.. Johnson said he thought it use
less TO add anything to the remarks of Dr.
Clpness. He certainly must be regarded as
authority, and his remarks were unmis-
taxable. He said the Improvements on the
Hebron lots consisted of few old build
ings worth less than $500. In his opinion
they ought to move outside the city He
advised the Trustees to leave the ordinance
as it is, saying the passage would inure to
the benefit of the Heilbrons only, and
would be positive injury to the entire
community.
Clinton l.. White, one of the attorneys
for the HeilbronS spoke at length in favor