Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1896-02-11
e not a nuisance The sole question is, la'

is not a nuisance; the sole question Is, Is
there an injury TO = right2
The Legislature had created the
Board Of Health as the special body to
assume Jurisdiction over matters per
tanning to public health, and to hear and
decide when thing Is nuisance deiri
mental TO the public health and should
be abated and no equity can be founded
on an allegation that court legally con
siituted was not perfectly competent to
decide questions within its Jurisdiction.
Equity will not interfere with or con-
troll the judgment or discretion or munici
pal bodies upon matters properly on
trusted to them, while acting within the
scope Of their authority"
His speech In support of the above was
quite lengthy and the citations OF
authorities numerous. He held that 10
all matters pertaining to heslth the
board was lawfully entitled to exercise
absolute authority. The abatement Of
nuisance was not the taking Of
property without compensation or
process OF Law.
Shortly after @ O'Clock last evening
court adjourned TO inset to day 10 the
U aited Ststes Court room. This change
OF place OF hearing was rendered necss-
ssrY by the fact that Lsvy Court would
need It's room TO day.
At the Court House, After All.
This morning the solicitors in the
cass learned that the large court room at
the county Court House would be at
their disposal and they took advantage Of
It, preferring It to the Federal court
room.
Horace g. Knowles, Of solicitors for
the respondents began an able and
Interesting closing arRumtnt for the
defense Immediately after court recon
veped He upheld the nction Of the
Board Of Health and questioned the iu
riadiotion Of the Court OF Chancery 20
Interfere with it In the performance Of
its proper duties. He declared that
there WAS no proof, by affidavit OF
otherwise, that the Board Of Health had
exceeded It's authority. Consequently
the Court Of Chancery could not assume
Jurisdiction in the matter. II must
resolve the doubt IA favor OF the board
de said that che Beard OF Health had
been lenient with the Lleblg Chemical
Company. lt had waited for months and
had really felt that It hid bsen negligent
Of ite duty in permitting the company to
90 on as long as it had. The object Of
the conservators OF the public health
was not to bresk up the lcompany's husi
ness. but merely to abste the nuisance.
lie then went on and cited many
authorities bearing on the jurisdiction Of
the Court Of ChRncery.
IF the Court of Chsncsry can In
terfere with the enforcement OF this
ordinance there Is not an ordinance Ia
the charter book OF the city that it can
not likewise nullify. and the people will
be at the mercy OF the lawless and
vicious elements OF society" be said
"Theee complainants admit these
things They say that these vapors do
ariae from their works, and In their aff
davits, letters and declarations to the
Board OF Health they say that those
smells do come from our works There
eau be no question about that. The
/ question slmply Is. Is it a nuisance.
II Il interferes with the oomfortahl
enjoyment Of property in this city II II
Is offensive TO the smell, can there be
any question under She ordinance aad
/ law that the Board OF Heslth has exclu
slve jurisdiction. or ffhdAvits prove
/ thai this nuisance has continued
| interrupted only BY the varisnce OF the
winds, from June 4 down 20 the present
/ time, and may sdd, that it was ia the
town last night, and Is liable to occur at
any moment
Mr. vandegritt-"You say that the
rmell was here last nigh'2'
Mr.. Knovles-'I do; aud / will take
my oath that it was the same Liebig
Il smell
He then went on and said that It was
not the desire OF the Board OF Health to
dive this enterprise cut Of the citv. II
the members OF the Board OF Health
could suggest any means TO Gbste the
nuisance without interfering with th g
company they would cheerfuily do SO.
Mr. Vsndegrift followed bin and con
cluded his argument this afternoon. Hs
msde an earnest appeal TO tbs chancellor
to protect the company by granting Q
preliminary Injunction restraining IL
from interfering with the operations Of
the works
It is believed that it will be several
days before q decision win bs handed
| down.