The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-05-14
BOARD Or HEALTH .
Lawyer Fosters Argument in
Behalf of Otto Carl.
THE RIGHTS OF CITIZENS
Ii Is Maintained That the Board Cannot
withhold a Permit to Build "A Slaughter
House AS it is Not Nuisance In Itself
The Board Defers Ac ion.

The application OF Otto Carl, the East
Centre street butcher, for a permit to
build a new slaughter house on his South
Market street lots, which was refused at a
special meeting OF the Board of Health
about a week ago, was re.opened at
meeting of the Board held last Friday
evening at the instance of Sol. Foster,
ESQ., counsel for Mr.. Carl, who made a
strenuous and able argument for his
client
Mr.. Foster said Just one year ago to-
| day the chief executive officer of this Com
| monwealth approved Of the act of Assem-
| bly, which enabled the Borough Council
of Shenandoah to establish your Board Of
Health ana among the wise provisions
of that act you have power and it is your
| duty, using the language of the act, "to
| make and enforce all needful rules and
| regulations to prevent the introduction
and spread of infectious or contagious
diseases. To enter at any time upon any
| premises in the borough upon which there
| is suspected to be any infectious or con-
| tagious disease, or nuisance, detrimental
| to the public health, for the purpose OF ex-
amining and abating the same"
Thus empowered and by virtue OF the
| 4
| to define your duties and authority
more explicitly, and to that end the Bor-
| ough Council passed an ordinance ap-
proved October 9, 1898, by which, among
other matters, it is prescribed that
| mo person, or persons, without the con
sent of the Board of Health shall build
| or use any slaughter house within the
| limits of this borough, and the keeping
| and slaughtering of all cattle, sheep and
| swine, ana the preparation and keeping
| of all meat, fish, birds or other animal
| food, shall be in the manner best adapted
| to secure and continue their wholesome
ness as food; and every butcher or other
person owning, leasing, or occupying, any
| place, room, or building wherein any
! cattle, sheep, or swine have been, or are
killed or dressed, and every person being
| the owner, lessee or occupant of any room.
or stable, wherein any animals are kept,
or of any market, public or private shall
| cause such place" to be thoroughly
cleansed and purified and all offal blood,
| fat, garbage, etc, removed once in every
| "a. hours, except during the winter months,
from Nov. LIST to April 1st.
BY the authority given you to prescribe
rules for the government of your board
and its officers, your secretary is required
to issue annually from April 18th of every
year, permits for the erection establish
| ment and continuance of slaughter houses
| and similar establishments within or near
1
| the ordinance of this board, and the rsgu-
lations of the State Board of Health.
Now, there is your authority and duty
| in q nutshell, so far as it concerns or fits
the case under consideration, which is the
request for permit by citizen Otto Carl
a butcher by occupation, who requests Of
| you permission to erect a slaughter house
on his own property lots in the First ward.
| INHERENT RIGHTS OF A CITIZEN
For a long time Mr. Carl has had a
slaughter house within 100 yards of the
place where he proposes to erect another,
| being obliged by the lessons of his present
| location to remove his house from the
| leased site because the ground is needed
| for coal storage purposes. During all the
years that Mr.. Carl has maintained and
used a slaughter house, complaint has not
\ once been made that he has not kept it
| cleanly, nor has he in any manner or form
! violated any law, ordinance, rule or regu-
| lation passed or made for the conduct
| thereof.
He has been a citizen of this county and
| a resident of this borough for upwards of
| twenty-one years. That he has been a
| law abiding one all the members of this
| board will doubtless agree He has not i,
nor does he claim, any more rights or
privileges than any other citizen, but he is
entitled to just as many and among them
| are those guaranteed by the constitution
of our state wherein it is declared that (:
"All men are born equally, free and indie
pendent, and have certain inherent and
indeieasible rights, among, which are
| those of enjoying and defending life and
| liberty, of acquiring, possessing and pro-
| tecting property and reputation, and OF
pursuing their own happiness,
Mr., Carl has by frugality and close at
| tention to business acquired property in
| this borough; he Is entitled to that prOtec-
| tion in its enjoyment which the constitu-
! tion and laws of this state afford him. No
| law is constitutional or can be enforced
which takes away any of the important or
| indefeasible rights youchsafed to every
citizen And by this expression / do not
now mean to attack the constitutionality
| Of the act creating your body, because for
one reason this is not the tribunal before
which such an argument should be made
| and for another IS because it is not neces-
/ sary, and still another is because | believe
| in the establishment and maintenance OF
Boards of Health. / consider the legisla-
| tive enactments empowering cities and
| boroughs to establish boards like yours as
the most salutary law on the statute books
next in Importance TO the Declaration OF
Rights in the constitution itself.
Perhaps the procuring of a permit from
you to build a slaughter house is like the
| courts have decided the granting of a
| liquor license-to be a privilege. Iiucline
to the opinion that it is, aud if it is, it
should be given only TO good citizen, a
frugal and good business man in whom
you have confidence in that he will do
what is right by this community and by
this board. Mr.. Carl is such man. He
will obligate himself TO live up to and
religiously obey all the injunctions the
ordinances and your rules put upon him,
rs to the cleanliness and the removal of
offal, etc.
NOT A NUISANCE OF ITSELF
A slaughter house is not nuisance per
Sc that is, il is not of itself such
nuisance which would breed infectious or