New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-16
DENY USING SOFT COAL.
PAINT MANUFACTURERS OBJECT TO BE-
ING IN THE LIST.
,,o,-, ppoD,,CERs LIABLE TO PRosECo-
r1oN. ACCORDING TO COUNSEL
,,rpCuANTs' ASSOCIATION.

.ocopn,NG TO COUNSEL FOR
r,, MERCHANTS ASSOCIATION.
r,. = ". Devoe & c. I. fayno'u1
rv naint and varnish mahuiao.
ars-v at the report made by W. ~ 800,
and other representatives OF tne 49, ,,st
a"u who nut the paint firm IN the "S'
.,,ous law violatore. They have
oi SUI - ,,orcbants' Association to WISH
~ .oo.or,, IN Brooklyn, and find the SOL
-, They assert that they do not use SUI.
80, "a want the report that they 90 use II
corrected .,.o,,ab ,ts
rr,o Merchants Association, through "'
.ornso, the firm of DILL Bomeister q baiu"i"'
,o tho association an opinion yesterday VII
the suitability Of the alleged soft coai "se.s'
holding that there should be little or no u''"
cultv in successfully prosecuting the e'eai'Ooa'
men and others for using the COAL
The tour of the Daniel S. Lamont ana inc
publicity given TO what the Merchants Asso-
c,atinn's representatives on board assert "e'0
clear violations Of a city ordinance cau'
great deal of comment yesterday
frederick McGarvin in the absence of James
Y Dill. counsel for the association yesterday
afternoon sent the following opinion TO the
Merchants Association:
have coz Considered the question of the smoke np,
sance and beg TO give you snort resume % Care
mi and extensive perusal and investigation or INC
question On looking nf the See cH Of is
concerned we find that Section ia OF the Sameaty
Sa0 does not ots itself smnr M IN s
tories steamboats,, ETC. but that tne SEM so con-
etrncted wherever situated that they shall con-
sumo the smoke created The mater d o
20 Section 12ss Of the Greater New;York charter
hall he hold
known at common law or in equity jnTisPrHdeh se
sarous 70 human life or detrimental to lfes
and whatever renders the air. or human Io0u 0l
drink unwholesome, are also seVeraiIy' !" ooi''e"
At paragraph Ss7 of the Penal Code, title MI, II
e enacted that "a person who commits or mani man,
iains public nuisance, the punishment for when ,
S not specially presented or G Mn% rsang to- the
removal Of such Pu5T M Of the same title
q "pubc nuisance" Is defined follows: "A public
nuisance is crime against the order ana economy
Of the State and consists in unlaWiulIy uoIne al.
o oH3 Sc G'S ',,-a. .ndons.rs the COM
fort repose, health safety Of any conslderapIle
number of persons" And IT has been held by ans
courts that whatever Is injurious 10 large class
Of the community or annoys that portion 81 T. me s
public that necessarily comes in, in contact with IT, Is
n public nuisance at common law 49,, c.,.o,,
Code as prepared by the Board Of Health together
with the provisions Of the Penal Code, we are OK
opinion that all Of the parties reIerren 10 III s9e
AGAINST for burning soft coal or for committing
"nbHc nuisance We are strengthened in our opin-
top very considerably by the statement mace by
Iour Mr. Corwine that he would have little or 10
dficuty in procuring expert testimony that me
smoke and noxous gases emitted IRON Inc severe,
concerns or boats referred to IN the st a an hs
general welfare Of the city architecturaily ana
otherwise -.. aou., ,s-.o,rs 70
The law S Ss yd m The government Of the bays
and water highways is one that %o4d Eee or
ncers but we think they in duty bound TO work
in harmony with the Board OF Health ana IN Is
in successfully prosecuting the steamboat men r%r
violation Of the law Should you Oo tSs mater and
VIII Rv J A2dss2li :: " Rit darv.n.
rba Merchants Association invited Michael
G Murphy, president Of the Board or Health'
n accompany the committee on this tour AROUND
,he city. William r. Corwne, Of the committee
received this morning the following letter from
Mr.. Murphy:
Your letter Of September has jst 81 Setore
the Grand Jury n relation to the sHo'eG' Will ii a
TO accept your Invitation to Join you on trip on
person 0' - p''N'' MICHAEL c. MURPHY.
'.rhe officers Of this association" said Will
lam r. Corwine, have given instructions to
push this matter. We will cooperate with the
Board of Health and with Lieutenant Com
mander John c. Fremont, Supervisor or the
Harbor who represents the United States Gov
eminent who is making vigorous effort to have
the use OF soft coal on steamboats, tugs. lighters
and other boats stopped. The opinion Of our
counsel defines the law this subject pretty
clearly. more detailed opinion will be given
as soon as Mr. Dill returns from Chicago. which
Will be early next week
" have sent to Mr.. Murphy, president Of the
Board Of Health, list Of the places and boats
noted yesterday the trip using soft coal
This nuisance has got to be stopped. We are
spending thousands and thousands Of dollars
every year trying to show the people OF the
United States that this is the most beautiful
city in the country. If the burning OF soft coal
keeps up our work in this matter will be rem
dered all the harder: in fact, ultimately the
with It's vast manufacturing Industries and the
enormous number Of boats plying around It Is
going 10 have soft coal used universally. as 1t
will be. unless this thing is brought to a halt,
the city will be overhung with great clouds Of
smoke. which will not only detract from its
beauty but injure our magnificent buildings
irreparably and be detrimental to health. There
is no more reason for burning soft coal now
than there has ever been. Until recently the
city has been singularly free from this nuisance
This investigation which made yester-
day is but a beginning. and intend to follow
81 I'D to the end
IN DEFENCE OF THE CTTYS CHARITIES