New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-09-13
HEALTH OFFICERS ENJOlNED
THEY CANNOT USE FIRE ISLAND 1El.
JUDGE BARNARD IN BROOKLYN GRANTS Ihn
INJUNCTION AGAINST GOVERNOR FLOWER
DIR. JENKINS AND OTHERS-IsLP
CITIZENS THE APPLICANTS.


CITIZENS THE APPLICANTS
An Injunction restraining Governor Flower iiea''i
Officer jenkins and others from the use Vi Ino
Island as a quarantine station was granted py "Ne0
barnard I'm the Rrooklyn Supreme Court yes'efNAy'
with an order to show on THURSDAY WY ~
should be not made permanent TIC omooi' " ~
IsIip Board Of Health, william II. >ouhs 1uh"S
Honser John NJ IIoweH, George H. othd'ey' hurry
Clock John J. O'Irien and George W. "liDer' "pPi'
In the proceedings, and the dcfeudah'' n'."o so
Governor Flower DR. Jenkins, s. 5. sammS' o"hcr
Of the surf Hotel "John Doe" captain of the steamer
stoningt)n "Richard Roe captain OF the S'eainc'
Cepl,e,Is, and others Interested ,
The complaint drawn up in the case SETS fo''h u'a.
the Plaintiffs are charged with the preSer''''o" VI
health In the town Of Isllp and must take treasures
10 secure IT by excluding persons and things hhey 10
Introduce cholera other infectious disehSes' i"c
complaint continues that Health officer jenkins mas
chars,, of the quarantine for the port OF New ior"
and has no other Jurisdiction. The law P'o''u''
that quarantine shall consist OF warehouses oocRS'
wharves. anchorage for vessels floating hospi'aN'
wardng stations. burylng grounds and residences LOT
officers and men. These shall be- situated IN the
Lower BAY and not upon Staten Island. Long Island
or Coney Island. and that the anchorage for vessels
shall not be less than miles from shore; and that
all persons arriving a the port subject to or ivhs
been exposed TO the cholera must be detained at this
quarantine by the Health Officer. The supreme Nonrt
has maintained that the lclltn oIcer i pT"hi"''"
from establishing upon Long Island staten lslahd
or Concy Island "A hospital place to which to re-
move from vessels subject to quarantine. persons In
whom there Is present manifestation OF the disease
In order 10 detan them until time shall disclose
whether they have tho seeds OF pestlence In them or
not.
The complaint also sets forth the facts regarding
the existence Of cholera at Quarantine. and
the purchase OF the Surf Hotel on Fir
Island In the town Of Islip, to convert IT into an
additional quarantine station and that tho SURF
Hotel Is upon n narrow strip Of land between inc
Great South Bay and the ocean, and the waters OF
the bay full OF beds OF oysters and other shell
fish which belong 20 residents OF the towns OF nui
folk County and are OF great value The bay Il
bordered By residences ciubhouscs and hotels where
many persons live and great numbers resort to the
bay for fishing The surf Hotel. the paper says, l.
unsuitable for the purposes designed by Dr. Jenkins
As IL is old-fashoncd and provided with no facilities
receiving passengers from cholera ships or destroy
Ing germs Of the disease. II has no drainage and the
waters Of the bay will be poisoned. and persons
eating shell fish taken thcrefrom win become hablo
10 the disease The presence OF the cholera passen-
gers at Fire Island win stop the oyster trade ana
throw many persons out OF employment. The value
Of property will be decreased In the Long Island
towns. summer visitors will BE- driven away and the
damages TO the Inhabitants wtll De incacnabc, not
| only for the present, but in the future.
The application was presented I" JuuHr nFH"'u
by the counsel for the Islip Board Of Health, and
he granted the following ORDER making II reurnsblo
| Thursday:
II appearing % my satisfaction that the plaintiffs
constitute the Board Of Health Of the town u Islip
| h sid county, that said board has duly passed u
resolution prohibiting the landing Of passengers from
ships haiug from cholera infected ports In the said
| town that said resolution was duly published ana
brought TO the attention and notice Of said defendants
ha hsfr m
gerous to tho life and property Of the Inhabitants
OF said town and the public In general and that sad
defendants thcreupOn about 10 land such Inssen-
gers and 30 establish quarantine station IN Violation
OF plaintiffs rights and the rights Of the said public.
and that plaintiffs have begun an action TO restrain
such violation OF said resolution appears by tho
summons and verified complaint herein. and NE an,
davits Of William W. Husc. Harry o. 'nih ana
EAwsrd S. Moore. and the Plaintiffs having given The
security required by law. ordered that the sad de.
PENDANTS. and EACH of them shall show cause al
special term Of this court, 10 " held at the courthouse
at Brooklyn Kings County. y. Y. on the 10Th day OF
September 1892 at 10 O'Clock In the furcno9n. or s
after counsel eau be heard. why nn Injunction
should not be issued restraining during the tendency
their servants, agents aud attorneys frvm landing
passengers Of ships bound rom cholera infected ports
on any part OF sud town and fvm doing any q The
acts hereinafter mentioned. and Why plaih1fs shnn
not have such other and further relief AZ may be
just II Is further ordered that in tho meantime aId
until the further order Of the court said defendnis
attorneys DO and they hereby ar, restrained aud en-
Joined from bringing to the surf Hotel or 10 any other
| ILace within the said town Of lslip any persons
baggage clothing. any other thing the subject Of
quarantine brought from any vessel Or dnaInltIle
| feced or supposed to be likely 10 be- infected with
cholera, from using sac surf Hotel any other
| promises within said town a building or buildings
for quarantine purposes. or for the reception care IN
treatment Of persons from vessels dunrantiDed or WHO
may have been exposed TO cholera. 4,
| Cause teing shown, service Of this order and thq
accompanying papers or before September H. snail
| he sufficient. -
| J. F. BARNARD. Justice Supreme Court.
Brooklyn September H. 1882.
The order served as soon us possible upon the
| defendants who could DO fOnnd. Corporation Counsel