Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-10-07
BOARD OF TRUSTEES.
SLAUGHTER-HOUS 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 a number OF citizens III
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.
Heilbron, 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 a nuisance, the
Board so declared and ordered their
removal. The citizens, whom it
appears had once before been in
yolved 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 nuisance existing would
have to be established. the defendants were
proceeded against with city ordinance,
which prohibits the maintenance of
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 misdemeanor. On the 10Th of Sep
tember the Heilbrons introduced the fol-
lowing ordinance, which caused the people
| ~ in mn hor
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 l. 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 other building as slaughter
house, or to dress or clean any slaughtered
animal within the city Except that portion of
the city lying south of street and east of
Twenty-nin 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 OF
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, un-
sound, unwholesome 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
| ha ri hos .JaI
that the ordinance is valid. The Heilbrons,
however, have constantly maintained that
they did not maintain a 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 a jury.
When the proposed ordinance was pre-
scented 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 L. Johnson, on behalf of his
clients, protested against the passage of the
proposed ordinance. While he was aruging
the improperly of its passage DR.. 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.
DR.. Cluness said that originally he was
unqualitiedly in favor of removing all the
slaughter-houses from within the city lin
its. He was OF that opinion until a few
days ago, when he was informed that the
Heilbrons 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
proved the premises, and assured him that
in The future they would be kept clean. If
that were true, it, in his opinion, would be
better to have them on this side of the line
and under control of the municipal author
tiles. On last Saturday lie again visited the
premises and found them very flthy-not
nearly so clean as 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 He said that the floors
and walks were covered with excre-
ment and filth an inch in thickness.
E 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
as such, and ought to be abolished He
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 legalize
| them.
Attorney General Hart counsel for He'll
bron, asked the doctor if it were not better
to have it just inside the city, where it
could he controlled, than just outside, where
the city authorities would have no jurisdic-
ton.
DIR. Cluness replied 81 ann informed.
Mr. Hart, by eminent legal authority, that
it can he abated outside the city just as
easily as inside
A. Heyman, who owns few vacant lots
near the slaughter houses, read a long argu-
ment against the proposed ordinance.
Grove l.. Johnson said he thought it use
less to add anything 10 the remarks of DR..
ClUneSs. He certainly must be regarded as
authority, and his remarks were mmis-
taxable. He said the Improvements on the
) Hebron lots consisted of few old build
, ings worth less than $780, 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 10 the entire
, community.
Clinton L. White, one of the attorneys
for the HeilbronS, spoke at length in favor