The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-09-13
ELOHER AND JENKINS ENJOINED.
The States Right to Fire Island 10 be Ar
gued Before Justice Barnard on Tbursdny.

|
Tho States Right to Fire Island TO be Ar
gued Before Justice Barnard on Tbursday.
Justice Barnard. in the Supreme Court in
brooklyn. issued a temporary Injunction yes
terday morning restraining Gov. Flower.
| Health Oflcer Jenkins. Landlord Snmmis Of
the Fire Island Hotel. and other persons dcsiC-
| mated as John Doe and Richard Roe from
landing passengers from tho detained ships
In any part of tho town Of lsl!p. pending n
hearing at a Special Term in the Court House
Mt BROOKLYN OH Thursday morning Mt 10
o'clock. This Injunction was issued upon
tho petition OF Justice Harry &. Clock.
William W.. Hulse. and Edward s.. Moore
OF Isiip. who presented n complaint
setting forth that not only was the landing of
passengers from tho quarantined ships dan
gerous to the health of people OF Islip and
prejudicial to the interests Of the baymen. but
was also contrary to law. They showed a pre-
cedent in n similar injunction issued by the
same Judge In 1855. which Was Mt that time
held to be valid. 1t was then sought to estab-
fish a quarantine station on Staten Island for
the healthy cabin passengers In cholera steam
ers detained In the lower bay.
The Islip party. represented by the Islip
Board Of Health. arrived In Brooklyn late on
Sunday night. It consisted OF Justice Clocke.
William F. Hulse. Edward S. Moore. County
Judge Wilmot NJ. Smith Of Bay Shore. and T..
G. Fischel Of the law firm OF Fischel & Reed.
Fischel Il Reed appear in the proceedings.
though the party went first to the residence OF
o weil-known Brooklyn and New York lawyer.
whore tha complaint was prepared. 1t took
until 4:3O o'clock yesterday morning to get
tho papers ready. They We're in the hand
wiring OF several persons. They consisted OF
q complaint. supported by three afl,davits.
Justice Barnard signed the injunction at 800
O'Clock in tho morning. and as soon inter as n
clean copy could be made the party hurried
The. complaint sets forth that the Ioarl o,
Health Of the town Of lslir. consisting Of VIII
liam II. Young. Julius Hanser, John II. How
e.. 6 SsHsEe and Ar 't as = e. Wat GiiS e; .i is tia rem
with the duty Of prcvantin. persons havin.
Infectious diseases from S%ntsrIps tno town;
and that on Saturday night tho Board passed
Il resolution forbidding the bringing into town
OF any person or thing ircm an, vessel havin.
contemplated 10y Gov. Flower, Health Officer
Jenkins. and oihers. in landing PASSENGERS
irnm cholera ships upon IRE Island Is nrsJu;
the town. and states that the defendants in
the action were notified OF The Boards resoiE-
cation Is made to the court. The complaint
goes on to say:
,o ,l,sl'n ma'c;- isnkins has charge Of :ne Gu.,an,.n.
tn. Inv provide; that ne Quarantine shall consist Of
v....i.. listing Hospitals. %So"rdinS station aH,"o' 1iryins
ground. and residences for officers and men. and that
Nav; "na noi a, staten Island. Long Island. Or
,s%I, .'a,. s"; . ! Sns. AZ! sss.$%: s,Iv,n .'' Z
mus. 70 detn,ned a this Quarantine BY the heath Oil:
i i.s 81 pr" III "'.'' III, ing il s.nis'" "n t"%F' , 9s As s.i. ~. ins
y, "eS %n LIn 70 i i.,,.y or , s,n'sn Island 2 hospital or r!acs
S S fGi.n..s m in w al,isr tn u.., +, M t rrs,s" att" ms .mns .:,,"In
dtsri"s. whether the? have the seeds OF pe,tiIencc III
with c tSisFs' ." "T so.r y.i asa May "s,' f laln S a, S"n nnH N
wI"hueiesn "xp"ei !" N ."ii i" an II n rn ~ now WEE n4
!a,ned a. Quarantine Tor .'"r r.ason. GOV. lower
u, ,si u "rssi,na's."tnr"a,m ' ''t'' Ia. S 'rri't , S"s!" on l IF ;l isa" "sI@f "a
i"s 'c .,a!, 9. 'i taf !" s" Sia.! II %- -@ 4 4Sl.. ard Y Ia. az.
rsnssa ina. m.al,M Hlnr.r, itnSln- shah remove
, s%%nfd Xxx, ~: l .%si NIX; Md NV! as'si" Il .%s' 'lsr:
ci"i.r,,. and Dr. lcnkin. is about /" send sSacn pa.sr,'
gers iy Ins .'I !. "p I At nn = q o.P.ru; ,.,u..n
GIsa; ss" "a, n 9; s .1s dTs %%san; and i. %.i.Is $f,ils
which belong TO the residents OF lie tow rs Of sunoiL
e" I'm and /. are so ct a,sr' VA, yni"Y; Residence. a,n,..,
tel. the rs.,dence. Of large mu,nhrr. OF persons. and
:'s":1S y% b ' IsS.,;s st ~ ll Si !s:.,. i. r. aud r. s..y q
.so'.ra ships or as',royins eLosr. srrm. II la. n"
araaI" person. n"a ealing In s .nsiiIl.n Of ia K. 'r ,I. w.II Be p c.s"m.
,,As!s 0t to ' he F H,.e i.isua IN Ne, r ,'.. 1Ss Q, sn%isr, :1ig
Ih6"s many Mil p ss s."," gu. Gf n .mn."ymsnt m va!as"f
.su%,rurff yi:,tor. sii Be driven sway ,n"s and 'I' the damage a%m",
To the inhatitants will he incalculabie, not Only for ins
present. but In the future.
One OF tho nnidavits. made by a real estate
dealer and property owner at Islir. stated that
a scarcity Of summer boarders andn heavy de-
crease in land values would follow from tho
Fire Island. even II there WAS no drainage into
the bay. Experience elsewhere showed that
1t was impossible to convince the summeripg
public that there y no danger In the neigh
Justice Barnard's order was as follows:
II appearing to my ssti,tAetion that the plaintiffs
constitute the Board or Health OF the town Of lslip. IN
said county,; that sa!d Board In, duly passed a rtiolu.
hn,lihg from sholsra infected roGl. IN the said town:
The attention and notice of .ali defendants. ana that
th. NE aud property Of The inhabitants. Of said ,Iosn
fendants threaten 20 and arc .S"as I" land
said passengers and to establish n quarantine
station IN violation OF plnintins' rights aud tue rights
OF said public, aud TIL plaintiffs have begun AN action
TO restrain such violation of said resolution. as appears
by the SUMMING and verified complaint herein. and the
~snidavits of william ". Iulse. Harry u. Clock. ant I'd
ward = Moore. aud the plaintiffs having given security
dd,,at that the said defendants and each OF them
show cause at n special term Of this court. 10 be held at
the Court House at Brooklyn, Kings county. y. Y, on