Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1892-05-25
MUST USE THE LAW
Judge Buriingame DissoIves
an Injunction
AGAINST THE LARD FACTORY
Stephen Welden Sustained in HIS Fight
Ax>inss the Cisy-The Principal
Points Of the Case

In the superior cours yesterday
morning Judge Burlingame rendered
his decision in the ease OF the City Vs.
Weiden in favor of the latter. Weiden,
VINO runs lard factory near the d., e.
H. 4 NJ. junction. was arrested sew
srsI months ago, and convicted IN the
police court, On . charge Of MAINTAIN
ing = nuisance. He claimed that his
factory WAS located there before the
clsy llmiss were extended, and eonse-
auently the ordinance under which he
wns convicted does not AFFECT him.
temporary injunction was issued and
the case referred 10 Circuit Court Com
missioner Hughes. The evidence IN the
case wAs then submitted To Judge
Buraneame, who, IN rendering his de-
cision. held that inasmuch as the
city has remedy at law II
cannot act in equity. The powers of
the board are defined IN the ordinance,
section IA Of which reads a. follows:
"Wheneyer IN It's judgment Il shall be
necessary for the public health, TO at
once take POSSESSION of any factory,
hotel. dwelling, house, clubhouse,
premises or grounds upon which IN its
judgment there exists any nuisance
prejudiclai TO the public health; and II
the owner or occupant shall refuse or
neglect 10 forthwith abate such nui-
annce IN the manner directed by said
board, said board may cause the same
70 be abated forthwith In such manner
- is deems proper and ALI expense IN
CURED shall be . legal claim against
the owner and . lien upon the premises.
70 b collected the same - other
special assessments.
In RsgarA 20 shs Odora.
Regarding the disagreeaole odor
complained Of, the court said: 1.-THE
proofs further show 70 the satisfaction
Of the court that the material rendered
- taken from the markets in the city
every afternoon and rendered the next
day: there 10 testimony that there are
odors unpleasant TO many, not offen-
sIve 70 some, and almost delicious to
others. That that effiuvia Is often
horne on the winds . considerable dis
lance, and at such times 10 disagreeable
70 many at great distances away. 1t 10
admitted that these works are not
uuisance per %, but il - claimed ~
tho city attorney to be prima facie
nulsance; such distinction though
very fine is recognized in the books,
or for the defendant ~ applicable to
th,s Csc. The defendant has intro
duced much testimony tending 10 show
that while this odor 10 sometimes un-
pleasant 70 some, still il 10 not more 90
than many other employments that
may Affect the nerves OF over-sensitive
persons, bot yet are such ~ are admit
ted 70 be- necessary to the doing Of bus
: ineso in . metropolis; such ~ the noise
a. vehicles passing over cobble stone
pawement, the noise Of cars passing
ttwough city, the odor Of spice mills
though pleasant to many u very offen-
sivo 20 few. The odor of tar IN pave
ments 10 unpleasant 70 some, pleasant
20 others; that while either might offer
an obstacle TO the recovery Of the very
sick and sill would in no wise produce
dioease but only annoyance"
Force Nay Ne Used.
Discussing the claims that there ID
nothing 70 prevent this becoming .
continued nuisance and that the city
might Be involved in . multiplicity of
similar suits, the court said:
s.It appears very clear that il tho
ordinances above referred TO are valid
ordlnauces under the powers granted
By the charter, and il the charter u q
valid charter, and then, without any
sort Of question fully complete and
ample powers are given by these ordi-
nances for the health officers OF thu
city when they shall deem il necessary
for the public health to 1T once take
possession Of any factory IN which IN
their judgment there exists any nuts
ance preludical Of the public health
and IL the owner shall refuse forthwith
70 Abate such nuisance in the manner
directed BY said board, said board may
cause the same 10 DO abated forthwith
in such manner as il deems proper. and
eli expenses incurred shall be q Legal
cisim against the owner and lien upon
the premises, TO be collected the same
a. other special assessments- The
board BY this ordinance may also, wher
10 deems il requisite for the public
health. at once and by force, If neces-
sasy, close up such houses, buildings
etc.
'It 10 clear. therefore, that II these
ordinances are valid, the nuisance, II i
IN nuisance, or il the board of nealtt
deems 10 . nuisance whether il 10 Of
not, the board may proceed forthwi
and by force abate It. IL may als<
bring an action in the court and b.
Tine and imprisonment, may, il tn,
court find the party guilty. by . tern
Of imprisonment, put il teyond th'
power Of the defendant oitener thar
euce in three months 10 violate sh'