Evening star., 1900-11-27
Opinion of Attorney Duvall on Charges
Concerning Abattoir.
SUGGESTED REMEDY IN THE COURTS
Conditions Under Which Certain
Enterprises May Be Necessary.
POWER OF COMMISSIONERS

Mr.. A B. Duvall. the attorney for the
d strict today rendered opinion upon the
question recently submitted to him by the
Commissioners as to the best course to
adopt to secure the abatement of an alleged
nuisance existing at Benning from the op-
Grafton of the abattoir and stock yards
there. In Mr.. Duvalls judgment, under
stated assumption, the proper remedy un-
der the circumstances of this particular
case is by indictment, a matter within the
province of the United States attorney for
the District of Columbia This course, as
heretofore suggested, IN no way impairs
or affects the rights and remedies of In
dividuals suffering special damage by Its
existence and continuance
The abattoir and stock yards, states Mr.
Duvall, occupy tract of land abutting on
the south side of the Benning road and
living between the Anacostia road and the
Baltimore and Ohio railroad, and nave
been there since 1890. The stock yards are
used in connection with the abattor Tor the
detention OF animals pending slaughter, ana
also as A place for the removal of animals
from cars to be fed, required by resula-
tiCns governing the transportation OF i've
stock. There are two grounds OF complaint,
he explains-first foul odors arising from
the hog pens and, secondly, offensive odors
generated by the rendition or bone-bolllng
plant, which odors may be noticed on the
ings
Rebuilt Under Permit.
Mr.. Duvall refers to the fact that the
plant of the Washington Abattoir and Cold
Storage Company was recently destroyed
by fire. and that 1t has been rebuilt under
a permit granted by the Commissioners.
Quoting sections II and p of the ordi-
nances of the board of health legalized by
an act of Congress approved April "A, 1850,
sections
yiously broad enough to cover the COM
plaints made If the place where these es-
Establishments exist IS in more oehSeg
ton Whether it is in fact. is question, In
his opinion, 10 be determined by court
and jury.
Assuming that the place is not in more
densely populated suburb of the city or
Washington" within the meaning of the
sections quoted. the question Is presented,
he says, whether it is in the power OF >he
Commissioners, by a regulation to declare
that any business whereby offensive odors
are generated located as to cause
such odors TO be present on any puphc
highway is. matter of law. nuisance
per Sc and to impose a penalty for us
maintenance.
Mr.. Duvall then discusses the power of
the Commissioners in the premises, re!er-
ring to the joint resolution approved Feb
ruary Is 1890 by which they are empoW-
cred to alter. amend or repeal any OF the
ordinances of the late board of health OF
the District Whlcn were lesdllZeu
in their Judgment the public interest re-
uuires It, But the authority conferred upon
them by this act. in his opinion. does not
authorize the Commissioners to declare that
every business from which offensive odors |
may arise, and which may be detected on |
any public highway anywhere in the Dis |
trict, nuisance per Sc. the maintenance
of which will subject the owners to severe
penalties.
Some Occupations Necessary.
of civ ara
necessary he believes. and this he thinks
is true of the enterprise in question, such
enterprises being incident to every large
city and must be located near it and adja-
cent to a railroad. Private inconvenience
must he thinks, to some extent be tolerated
in the interest of the public needs. and he
believes 1t is impossible to locate such an
establishment In any part OF the Dlstrlct
so far removed from public roads that the
odors generated thereby cannot be detected
thereon. The effect of a regulation such
as that suggested would, in his opinion, be
to declare enterprise a public nuisance
wholly Independent of the fact whether the
business Itself Is In fact a public nuisance.
The Commissioners have the power, in
my opinion" says Mr.. Duvall, after re-
ferring again to the law upon the subject
pursuant to the Joint resolution referred
to- Ito make such reasonable regulations.
in the interest of the public health, regard
ing the maintenance Of such establishments
as are mentioned in the sections quoted
within the cities of Washington and George
town and the more densely populated sub
urbs Of the city, but are without power, by
a regulation, to declare that enterprises
conducted elsewhere within the District
shall be deemed nuisances per Sc. and that
their maintenance shall subject the owners
to penalties. Inasmuch these en-
terprises exist pursuant to permit issued
by the Commissioners, and the arrest of
this business would involve serious loss,
the owners Of the establishments should be
afforded a before
and jury. This can be accomplished by in
dictment. II either enterprise be In fact a
nuisance wholly independent Of the health
ordinances referred to"