Evening journal., 1922-08-14
ICE COMPANY
Wins POINT
AGAINST CITY

(Continued from First Page)
he knew nothing of the grounds on
which Mr. Harman was proceeding.
Mr.. Harman said he would take
but about 10 minutes of the courts
time and II was decided to hear the
motion at the conclusion of the reg
ular business OF the court. Mr.. Har-
man occupied nearly one hour in his
argument. however.
He contended that the case
against the defendant company was
! persecution, in that there were many
plants in the city from which such
nuisances (odors) as alleged were
omitted, although the Ice Company
was the only one singled out for
| prosecution. He also contended that
the Board of Health was proceeding
outside its Jurisdiction in causing
the arrest OF the officers of the COM
pany.
The third reason he said was the
charge stated was not included in
the warrant.
He claimed the Health Board had
no authority TO make such arrests.
He then said that it appeared the
company was being made the goat.
Mr.. Harman said the Board of
Health had power to abate, rerhove,
remedy or cleanse all nuisances, but
no power for arrests.
Mr.. Green, in replying to Mr.. Har-
man said he, Harman, was suffering
from misapprehension and incorrect
facts.
The warrant, he said. was signed
by DR.. McBirney. secretary of the
board. He said the statute provides
how the fines in such cases. II con-
victed. shall be collected, and the
board has such power.
The court refused the motion and
informed Mr.. Harman to be ready
to proceed with the case in City
Court tomorrow when the charge of
maintaining a nuisance wnll be heard
against the Ice Company.
Mr.. Harman, later in pet.tioning
Chief Justice Pennewlll for a re-
straining order. spoke of the war
rant issued charging Lewis Denney.
president of the ice company. with
BuAAuAAlk AAAb All A1E EtAAu AAAt ADOdA "a
OF Health would not go there to
shut down the plant as they would
be liable. I'VE dare them" he said,
ito shut II down" He said, "They
are trying to harrass this man by ar
resting him and fining him day by
day. We have sent for parts which
will correct those things complained
of but which are not nuisances.. !
These may arrive today or tomor-
row."
The petition filed by Mr.. Har-
man set September II as date for
the argument on the motion
City Solicitor Satterthwalte in re-
plying to Mr.. Harman, said the
Board OF Health had declared the |
plant to be a nuisance and later the |
Board caused the arrest of the Off |
GERS of the company on a charge !
of maintaining a nuisance by pol
luting the air. The plant he said, !
could not be closed in case of con-
viction but the law provides for a !
penalty Of $40 a day.
Mr.. Satterthwalte said the city
did not oppose the restraining order
but did not think the court would
stop citizens from causing arrests Of
officers. He also said there
were 10 or more residents present
who were willing to swear out war
rants for the company.
When the case was opened before
the Chief Justice there were a num-
Der Of city officials and residents
present. Among them being Mayor
City Councilman McNabb
and Mulvena, DIR. McBirney Of the
Board OF Health. Alfred J. Acker-
man. Mrs. Estelle Taylor, Miss NJ.
NJ. Dugan and others.
Assistant City Solicitor Green fol-
owed Mr.. Satterthwaite saying the
action now pending before the City
Court is not one charging the COM
,any with failing TO comply with
,rders of the department but on a
,harge that the company is cor
'upting the air.
Mr.. Satterthwaite said the city
ad waited two months for the cor
ection of the alleged nuisance. He
lso said il was a law OF the State /
hat Board OF Health members were
ot personally liable for damages
ut the city would be.
Mr.. Harman said the parts needed !
Or the machinery had been shipped
rom Marion, Ohio, and would be i
ere shortly. on their arrival. he
aid, the plant would be closed down
} connect them.
In closing his remarks Mr.. Har-
ian said he had the signature of
90 or more residents who held that
le plant was not a nuisance. What i
e ask is the arm of the Court Of
hancery to protect this man. /
The court felt there was nothing 1
, do but issue the order and fixed /
ugust 80 for argument. Afidavits i
, be filed by the defendants .rorst Il
o done bv SATURDAY morning. 81