Morning journal and courier., 1891-05-27
MUST BE ABATED.

-z The Hoard of Health Takes Final |
 Action in the old Colony Distillery
 Company Matter-Lawyers Appear
 Last Night to Speak For Both
 Sides.
 The board of health met last evening and took further action in reference to the Old Colony Distillery company which was left over from the special meeting last Thursday night. The attendance was not SO large as at the last few meet ings but it was spirited. Attorney Asher and President Woolner were present for the Distillsry company and on the other side were Alderman Falsey and number of the other petitioners, who this time had Attorney Hamilton to represent them legally. A little discussion arose whether 1 or not more should be said on the matter. | It was finally allowed by the board that | the legal gentlemen should give in fifteen l minutes each, their arguments, with five 1 minutes extra for MT. Hamilton to reply | to MT. Asher. Attorney Asher contended against this and said his briefs were at his office and wanted to be heard at later date, but this was not granted. l MI. 229, 23O and 238 of the city ordinances. He said there wasn't any doubt the ordi- l nances meant to cover case of this kind. l The legal gentleman then went on to de- scribe the filthy condition of the cattle fed 1 on the rotten refuse, as he termed it, from the distillery. The nuisance, he said, would not be allowed five minutes any where within the original squares of the city and ought not to exist in that locality where poorer class of people dwell. Law l is no respector of persons and it ought to a guano company might come on the green, set up in business and make money and also bring much money into the city. He next assailed the proposal for drying up the refuse. Said he did not know of 8 single successful example of 8 like nature that had ever occurred and that the exper- iment would be purely experimental.
 The existence of the nuisance there, he said, was depriving every individual who air and sunlight, and those very rights you gentlemen are here to protect, he said in 1 conclusion.
 1 It was Mir. Asher's turn next and he pro- ceeded vigorously to assail the arguments advanced by MT. Hamilton.
 1 The less an attorney knows of a case, he said, the longer he can talk. MT. Asher l said there is some doubt in the matter. What individuals may think is nuisance latter nuisance he quoted as that which made life miserable, uncomfortable and destroyed the value of property. The attorney was strenuous in his re- | marks to the effect that no testimony had been given proving the Old Colony Distil- lery company to be such nuisance. Where people complain of 8 nuisance, he said, and those complained of
 show they are willing to do their best in abating the trouble complained of, the courts will not entertain petition to that
 effect. He made witty reference at Mir.
 Hamilton's expense over tho Frog pond,
 concerning which complaints have been
 made. It is not question of rich or poor
 he said, but a question of legal right. We
 have come here as strangers, are conduct
 ing our business in 8 legal manner and
 propose to remain.
 MT. Hamilton then replied in brief al
 follows: A bad case takes long talk
 therefore I suppose my friend, Asher
 means as carollary to that proposi
 tion that short talk means 8 gooe
 case I don't care how much ha'
 been said over this matter, yor
 gentlemen know as we'll as I d(
 that this cattle herd is almost as
 
 only way of obviating the nuisance is thu
 right way, and that is removing the cattl
 herds. Hercules could not keep those sta
 bles clean, nor all the waters of Niagar
 Falls Anything which makes stench il
 a nuisance. Wherever civilization ha gone, populous district has the right t , be frAA from unvholaaome stenches. Nov nuisance just so well as such a nuisanc can be kept. Why, the only wa } to treat it is as you would cancer-cut o ) burn it out.
 = With this the hearing was closed beyon
 the question asked by MT. Graves of Presi
 dent Woolner-How long would it take be
 fore they could have the drying apparatu ! ready?
 MT. Woolner replied: This ought not f take over week or ten days. The board voted unanimously in pass ing the following resolution, every mem ber being present, with the mayor presid 9 ing:
 7 Voted, that in the opinion of the board c health the cattle stables of the Old Colony Dis in this city, are a nuisance and that the con
 pany be and is hereby ordered to abate said hui: ance within thirty days from date.
 This will give the committee opportun
 ity to put in the drying apparatus an
 othermethods they propose trying, in o1 1 OeI to oFeIcoAa0 any cause AoI COLI plAlu' , The following matter also came up be ! fore the board for action.
 The unwholesome condition of tn
 premises of George Hotchkiss, 190 Stat
 street, came up before the board. Two or ders have already been issued from tn board, but no attention has been paid, an the matter was referred to the city al torney.
 The Orphan Asylum. | To the Editor of the JOURNAL AND COURIER:
 The annual meeting of the New Have
 Orphan asylum usually held at the chape of the United church, will this year b l held at the asylum.
 g The exercises are strictly of businea nature but it is expected that they will b