Evening journal., 1894-09-27
THERE WAS NO PENALTY
The Board of Health Prohibits
Gathering of Garbage
UNDER THREAT OF PROSECUTION


But Failed to Provide a PunIshment for
vloiation-The Cigarettes We're oinna-
moR-He Carried Knife Convictions for
Keeping pisorderly Houses other Gases.
The singular spectacle of man on
trial for violation OF a city law for
which there has been no penalty pre-
sctlbed, was witnessed in the Municipal
Court this morning. For some time
prior TO the adoption of the crematory
system, complaints were made Of the
collection Of garbage by parties who
kept piggeries or dairies near the city.
and led the sail collected to their
cattle and other stock. The orematoiv
was built and the collection OF the
garbage let by contract. Then com
plants were received that the contrna.
tors were negiecting TO gather the stuff.
Investigation by tho Board Of Health
showed that the stewards OF many hotels
were Ia the habit Of selling the refuse to
outside parties, aud that when the city
contractors called they ware not able to
collect It. During harvest time the
private parties failed to draw away the
swill and then the hotel keepers kicked
to the Doard OF Health.
To remedy this the board at a regular
meeting passed a motion OF DR.. Wales
directing the executive officers to notify
all parties engaged in collecting TO
cease doing 30 or they would be- prosecu
ted. but no penalty for doing so was
fixed. Orlando Sutton, who owns
piggery on the New Castle road, had
been 10 the habit Of gathering the
swill at the Clayton House. He had
10. C..l DE- 1. a
do SO This morning he was arraigned
in Municipal Court. He pleaded not
guilty and Peter l. Cooper represented
| him,
Judge Ball called attention TO the fact
that even II the motion OF the Board Of
Health could be construed AA a regula-
ton or rule Of the board. no penalty has
been hxed for a violation, and the court
could not fix one. He dismissed the case,
at the sans time suggesting that the
board look into and remedy the over
| sight.
sQnite frequently complaints are made
to the officers OF boys buying cigarettes
contrary TO law. The officers secure all
the evidence possible, and then arrest
the sellers OF the deadly paper tubes but
II is seldom that conviction ia secured,
the obstacles In the way being serious
Yesterday afternoon an officer saw a lad
about 10 years of age enter the confec-
tionary store Of John G. Seidle, and later
come out with two cigarettes, one Of
which be lighted. The officer notified
1 Mr. Seidle to sppear IN court, and selzad
box OF the prescribed articles, which
proved 70 be made Of cinnamon and not
subject to the Law. The case was dis
missed
Andrew Ayers, colored. was arrested
for dlHorderly conduct on complaint OF
LewiH Morris. pleadsd guilty aud was
sentenced to pay slo costs or 90 to jail
for 90 days.
Edward Dougherty, aged 10 years.
plesded guilty TO intoxication and WAS
dnsd 81 Judge Ball tried 70 ascertain
where he got his liquor but couldn't, and
remarked sIt Is pity that the court Is
unable TO find these men who aell to boys,
and Il Is a shame that boys will not only
Ret drunk but then lie about where they
got the liquor. II l could learn who
these men are, / would make examples
Of some Of them.
Josiah Gould and Emma Hopkins,
both colored, we're In court. They wcre
pronounced IS nuisanses even on tho
coast and the charge Of disorderly CON
| ductmade against them Was easily proved.
The fine was $5 and costs In each case.
Josiah b sd knife with a blade about
Eve inches long on him when arrested.
de claimed he used it for digging roots.
but the judge thought he had better
explain to the grand jury and held him
Ia $i00 bail.
Julia Murray was charged with keep.
ing a disorderly house, and Ella Jackson
aud Richard LoeklAnd with acting in a
disorderly manner. All are colored
Julia WAS fined $50 and costs, Ella s.
and costs, and Richard was dismissed
Minnie Skhitsnlcke, white, charged
with keeping house of I'll fame, pleaded
guilty and Was fined $50 and costs Mag
gle Jones and Nellie Belmont, young girls,
dut who acted in a brkzsn manner ia
court, were charged With disorderly con
duct. The only witness against them
was a neighbor, whose rest was dis
turbed by their singing parodies and in
dulging In high kicking. There wasn't
enough evidence to convict them, and
they we're dismissed
Arthur McMullen, Robert Agnew,
Jonas Heck, Robert Robinson, ana Mol
lie Smith, were cached nned 81 and costs
for drunkenness.