The record-union., 1895-05-04

was the reply, "he's only one of William
Cullen Bryanps young men. He is going
to give his employer the facts in your
case, and Mr.. Bryant will print them
with his own comments" Thereupon
the man was filled with alarm. He beg
ged for mercy. agreed to do whatever the
doctor wished, and did. He Rutted the
house, cleaned 1t from top to bottom,
scraped the walls, rspainted and papered
it. made necessary improvements and
put the premises in tip-top order. The
result was the typhus disappeared from
the premises, and the landlord afterward
told DR.. Smith that he was glad he had
been brought to taw as the investment
paid. The doctor says he watched that
house for twenty years, and it never suf-
fered again because Of unsanitary condi-
tions. That case was the beginning Of
the celebrated sanitary laws Of New
York, admitted to be the best in the
United States. Now comes in order the
history of the advance made since that
time. But we may not follow it. We as
sumo that our readers are we'll informed
of the wonderful strides made by sani-
tary science and of the gradual expan-
sion of the law to meet its demands.
But the latest and perhaps the longes
step made is in thecase recently decided
by Judge Peckham, and with reference to
which this article opened. The Tene-
ment House Commission recommended
that all stories of tenement houses be
furnished with an ample supply of water
for domestic purposes. The landlords re-
sisted, but law was passed and enforced.
The corporation of Trinity Church fought
the law on constitutional grounds, and
won in the court below. The matter was
then taken to the Court of Appeals,
and on the Goth of February Mr..
Justice Peckham handed down the de-
cision of the bench affirming the consti-
tutionality of the law. 1t places not
only the water law but all similar legis-
lation on every question of public health
and safety in general upon higher and
hrmer ground. It practically declares
the right and power of society to compel
one to build all addition 10 his struct-
ures intended for the use of others. if the
need of sanitary science SO demands. 1t
make such substantial changes in his
home as the public safety requires. In
short, it affirms the right Of society to SO
order In construction and alteration as
will serve the happiness, not of the few,
not of the greatest number, but of all.
and to just that extent it runs on all fours
with the best thought of practical social
ism. AS the editor of the Century puts
it, "The constitutionality Of the statute
rests upon the fact that it tends to i'm
prove the health and increase the secur-
ity against fire, of all the members of the
community"
The following is an extract from the
opinion of the Court of Appeals:
Those occupants require 1t more than their
more favored brethren living in airy, larger,
more spacious and luxurious apartments.
Their health is q matter of grave public con-
Germ. The Legislature cannot III practice en-
force q law so as 10 make man wash him
self; but when Ii provides facilities therefor,
it has taken long step toward the accom-
pl1shment Of that object.
The tenement house in New York is a SUBJ
ject of great thought and anxiety to the resi-
dents OF that city. The number OF people that
live in such houses, their size, their ventila-
ton, their cleanliness, their liability TO fires,
the exposure OF their occupants to contagious
diseases, and the consequent spread OF the
contagion through the city and country, the
tendency to immortality and crime where
there is very close packing of human beings
of the lower order OF intelligence and morals
all these subjects which must arouse the
attention OF the legislator, and which it be-
hooyes him to see to in order that such laws
are enacted as shall directly tend to the I'M
provement OF the health, safety and morals
of those men and women that are to be found
in such houses.
Some legislation upon this subject can only
be carried out at the public expense, while
some may be properly enforced at the ex-
pense of the owner. We feel that we ought to
inspect with very great care any law in regard
to tenement houses in New York and to hesi-
tate before declaring any such law invalid so
long as 1t seems 10 tend plainly in the dirce-
ton we have spoken OF, and to be reasonable
in its provision.
If we can see that the object of this law is
without doubt the promotion or the protec-
ton of the health of the inmates OF these
houses or the preservation of the houses
themselves, and, consequently much other
property, from loss or destruction by fire. and
if the act can be enforced at reasonable cost
to the owner, then, in our opinion, it ought to
be sustained. We believe this statute fuliills