Delaware gazette and state journal., 1896-02-13
LlEBIG CO. VS.. BOARD OF HEALTH.
The Iniunation Case Hoard Before Char
peiiDr Nicholson.

room Saturday Senator Gray, District
Attorney Vandegrift and III. Ii. Ward
represented the Liebig Co. and City
Solicitor IIarman and Horace G
Knowles represented the city.
City Solicitor Harman read an an
ever 10 the bill OF complaint. In the
bill there were IA counts, each one of
which was taken up and replied to.
In the answer the claim was made that
the manufacturing process is offensive
to the public; that the Liebig CO.
had been notified that II was conduct
ing business in violation Of the ordi-
nances Of tho city; that tho works
were visited on June 18th, and were
convinced that the odors came from
the factory; that the board made no
suggestions as body; that the com
pany was given al opportunity to be
heard and tins Ia abate the alleged
nuisance; that IL the board had not
been restrained by the Chancellor it
would have taken further action; that
refuse and impure poisonous water are
hourly pumped and dumped into the
Christiana and tributaries. so much
SO as to make the water impure and
dangerous to man aud beast; that the
towns of New Castle and Newport have
suffered; that the otlors have permeated
the atmosphere FOR miles around; that
such fumes were not noticed until tho
company operated the works; that
Vice President Gibbons admitted that
the smell came from the works and
promised TO abatu it; that the action Of
the Board of Health was in accordance
with law. In conclusion the answer
says: 'All Of which matters and
fi,f1 e. ,t,I
willing to aver, maintain and prove as
this Honorable Court shall direct, and
pray to be hence dismissed with their
half most wrongfully maintained. "
The answer is signed by President
John z, Wales, James Wilson, DIR. A.
II. Franta, Jacob II. Lewis, Joseph
Jenkins and Dir. Willard Springer of
the Board Of Health.
At the conclusion Of the reading Of
the answer the question arose as to
the jurisdiction OF the court in the
case Of an appeal from the Board of
Health.
Senator Gray and City Solicitor Har-
man spoke on the matter, but it was
finally agreed to proceed with the case.
Aflidavits to the effect that, with the
exception of early last summer, no OBJ
noyious odors were noticed, were read
from Charles Baird, Jacob l.. Brown,
Walter u. Bush, Henry q. Banning,
Burgess Burton, William p. Chase,
Frank ]. Boylan, DIR. w. r. Bullock,
Thomas Burchal, William T. Bur
ehall, William b. Clerk, Joseph Il.
Carpenter, Jr., John Hamilton, John
p. Doughten, Ezra Fell, John r. Hud-
son. George w. Gray and others. None
of the Opponents considered the works
detriment to the public health.
An affidavit was also read from Preai-
dent Babcock of the company, in which
he stated that the machinery is after
improved plans, and IL an opportunity
is given further improvements, to pre-
vent the escape Of gases will be made.
At the conclusion of the reading of
these afiidavits, other affidavits were
produced b. the Board Of Health to the
effect that said deponents consider tho
odors coming from the works obnox-
ious to the public health.
The complainant finished the ieading
of the affidavits, after which court ad-
iourned until 9. % p. IN.
At the afternoon session after the
reading from the minutes Of the Board
OF Health, Horace G. Knowles, of
counsel for the board, produced atlida-
Wits from people who thought that tho
fumes coming from the chemical com.
pany's works were obnoxious. Some
spoke of instances where sickness had
been produced and others were pro-
nounced in the belief that the odor that
was noticeable at fines was detrimen
| tai to tho health Of the community.
Fishermen who made affidavit declared
that tho waters of tho Christiana had
been polluted 10 such an extent MS to
make the fish in the stream unfit for
| food. AiIidavits in favor of the action
Of the Board OF Health we're furnished
BY DR.. John r, Wales, president of the
board; DIR. A, Il. Frantz, Joseph Jenkins,
Jacob II. Lewis, James Wilson, Secre-
tary w, G. r, Colquhoun, and EXecu-
tive Officers Mcdowell aud Tucker of
the board, Thomas j. Talley, Willard
Salisbury, Building Inspector Lewis
I. Grub, Chief Engineer Bond Of the
Water Department, Samuel II. Ray
Building Inspector Philemma Chan
der, City Councilmen Howard L.
Staats and II. II. Smith, David Me-
Henry, Sarah Stradley, Samuel G.
Biddle and 200 employees Of the Pusey
& Jones Co., President Ii. }. Krobs of
the Delaware Chemical Co, John
Saunders, +. T.. Gallagher, II. L. Std
ham, John j. Flanagan, County Tax
Receiver John L. DiclSey, Samuel
Saunders, Chief Of Police John Il.
Dolan, II. Josephine Warner, Mrs. Mary
N. Rogers, Mrs. Anna M. Roberts, j.
Merrick Horn, William Moore, John ii.
Rodney, Alexander b. Cooper, Isaac
@. Seam, Robert McFarlane, Theodore
w. Hanf, j. ?. Lancaster, Samuel Il.
Moore, Edward M. Young, William
Hamilton, Sylvester d. Townsend,
George A. Porter, Benjamin Zook, j.
w. II. Watson, William A. Weldin, N.
j, King, James CranstOn and John II
Bringhurst. Some of the signers Of
the aflidavts reside in nearby towns,
New Castle, Newport and Marshallton
being represented.
When the allidavits were all in Chan
cellor Nicholson announced that court
would adjourn until IL. 30 O'Clock Mon
| day morning.
Argument was commenced shortly be-
fore noon Monday.
IL. ii. Ward, representing the plain
tiff, made the first argument. Ho con-
tended, among other things, that the
plaintiff company was not allowed suf-
fieient opportunities by the Board of
Health. He cited numerous authorities
10 substantiate his contentious. After
Mr.. Ward had finished court took a
| recess.
The case was continued Monday after
noon. City Solicitor Harlnan read the
charter and ordinances of tho city rela-
tive to the Board of Health, after which
be cited authorities to show that the
Board of Health had absolute power in