The Providence news. (Providence [R.I.]) 1891-1906, 1903-06-27
MILLIONS
AFFECTED
Tenement Decision Of Court
Causes CONSERVATION.
LANDLORDS ARE DazEO
Alteration 10 Sanitary Arrangements Or.
dsrsd VIII Cause Grsat Expense for Extra
Plumbing, II Is Estimated.

New 1ork, June ZI-Nearly ten tnous-
and property owners IN this city are won
dering whether they are going to be put
to an expense variously estimated at
from 50, 900. 900 to s2o0oO,o 900 as an outcome
OF a suit just decided after trial in the
Seventh Municipal court
The corporation Counsers assistant,
Mathew c. Fleming. brought SUIT In be-
half OF the Tenement House commission
against Katie Moeschen, the owner OF
the property No. 1872 East Thirty ninth
street. for a penalty for failure to comply
with section 100 OF the amended tenement
house law relative 10 sinks In yards OF
premises occupied by moro than three
families.
Associated with the defendant were the
United Real Estate Owners associations
composed OF more than seven thousand
property owners. They set up az a de-
fence that the Jaw ordering extensive I'M
proyements and exposed plumbing was
unconstitutional. because II was unrea-
sonable. arbitrary. improper and unfair.
while admitting that section 100 had been
violated.
After a trial lasting two days, in whach
much testimony was taken, the case was
decided In favor OF the department 1t
was a surprise, as the defendant had de-
manded a jury trial, and on the jury were
a prominent builder. an iron merchant a
plumber and several owners OF tenement
houses But after a three hours discus
sion the jury brought I'm a verdict against
the defendant Having obtained a ver-
diet OF a jury that in their opinion the
law requiring the removal of alleged un-
sanitary structures from the yards OF
tenement property Is reasonable. the cor
poration counsel and the Tenement
House Commission feel that their posi-
ton IL morally and legally much stronger
than before, and they are ready TO meet
the appeal taken by Philip Block, the
Real Estate Owners associations coun-
sci.
ABOUT 10000 CASES.
Experts testified that the unsanitary
condition OF structures facilitated the
transmission OF typhoid, dptheria,
cholera and tuberculosis. Plumbers and
builders testified that to make the alter
ations demanded under the terms OF the
amended law would mean an expense of
$3.50 and upward in nearly ten thousand
cases.
AS the law applies to all structures In
this city occupied by more than three
families whose cooking is done separately,
this decision concerns the owners OF
many apartment houses where the rents
run from $40 to $40 a month quite as much
as II does the owners OF tenements.
Probably another case will be tried very
soon in the court OF special sessions, ac-
cording TO Mr.. Fleming. and whichever
side wins the matter will be carried TO
the Appellate division OF the supreme
court In order to get decision at the
October term. This will bring the ad-
Indication OF the matter close to the
municipal election. and both sides feel
that political capital will be made out OF
the affair.
Mr. Bloch said yesterday:-"We meet
the demands Of the Tenement House COM
missioner I'm no captious spirit. Person
ally, I admire his spirit and determination
TO improve the conditions In the purlieus
Of the metropolis. but the law allows him
no discretion and In many instances
great hardsh.ps are going to be done.
IAN an illustration. we have poor
widow whose equity in the house she pos
sesses In East Sixth street is only about
81 500 She has been ordered to have the
premises vacated and TO make the plumb
ing alterations the law indicates
"To do this will also wipe out her
equity In the property, for she Will lose
the rent for a month or two from the
dozen or more families. besides having
TO paw a plumbers bill running up into
several hundred dollars.
This property, like many other build
ings In that vicinity. belongs TO the
Astor estate. When her lease expires.
n couple Of years hence, they will doubt
less follow Their usual procedure and
COMPEL her TO buy the property outright.
She cannot do this. Her livelihood
comes from this leasehold property.
which her husband left as his whole es-
tate, and which carries two mortgages" ="