Perth Amboy evening news., 1924-05-21
PLAN 7 HEADS
ARE CALLED BY
HEALTH BOARD
Must Show Cause Why 0per-
alton of Plant Should
Not Be Stopped
SPECIAL MEETING HELD
This Action Follows the Com
plants from Fourth Ward
and Move by Aldermen
SPECIAL MEETING HELD

In a resolution adopted at an ad-
iourned meeting of the Board OF
Health, last night. the firm of Her.
bert & Herbert, Inc, is called upon
to appear before the board at a
meeting to be held next Tuesday
right at O'Clock to show cause why
the operation of it's plant should not
be prevented and the nuisance sum
narily abated. The resolution was
drawn by Former City Attorney Leo
Goldberger who has been retained
as special attorney in the case by
the Board of Health.
Mr.. Goldberger said today that he
had been called into the case by the
Board of Health about two months
ago and the board has been acting
under his guidance and advice since
that time At his suggestion, MIR.
Goldberger said today, INSPECTORS
were put on the case and the plant
was inspected at various times with
out the knowledge of the officials OF
the firm. only few days ago an
other inspection had been made and
although the inspectors found moth
ing at the plant when they reached
the vicinity of the Smith street near
the car barns, they could plainly
smell the fumes of which the resi-
dents of that section comHlain.
The local Board of Health, Mr..
Geldberger said took the matter up
with the state board and the state
board advised that Herbert & Her.
bert, Inc, be given chance to COR
rect the conditions and the local
board then acted under the advice
OF the state board, and withheld fur
ther action. One week ago it was
decided by Mr. Goldberger and the
board to take further action in the
matter and last night was set as the
time for the meeting to be held.
At this meeting Mr.. Goldberger
submitted the resolution. which was
adopted after Mr.. Goldberger had
explained that although the board
had the right to shut up the plant,
notice must be served by the board
to the officials of the plant, giving
them an opportunity to show cause
why the plant should not be shut
up.
In discussing the matter today, Mr..
Goldberger pointed out that the
Board of Health cannot close the
plant unless they first show good
faith and this good faith has been
shown in giving the company an op-
portunity to remedy conditions. The
only time the Board of Health can
close a plant without notice. Mr..
Goldberger said is when there can
not be any question as to the injury
to health in the fumes. In the case
of Herbert & Herbert, Inc, Mr.. Gold
berger declared, the question arose
as to whether or not the stuff was
Injurious. he board was careful in
its action, Mr.. Goldberger said.
Should the Board of Health shut
Ip the plant next Wednesday, it is
lhen up to the plant to get an in
junction against the city, Mr.. Gold
berger said. He also pointed out
that the real fault lies with the
Board of Aldermen In not having
zoning ordinance restricting factor
les to certain districts. Zoning Or
dinances of this kind have been up
held by the court Mr.. Goldberger
said. The Board of Health has sole
Jurisdiction in abating nuisances
where health is involved and the
city as such cannot interfere, Mr.
Goldberger declared.
The resolution as adopted by the
Board of Health follows:
Whereas, Complaints have hereto
fore been made to this board that
the operation of the chemical plant
by HERBERT & f1eTDeI, lHC., az -he1A
ket and Grant streets, is injurious TO
health. by reason of foul odors,
fumes and smells being emitted, and
Whereas, Upon advice of counsel,
notice has heretofore been given by
this hoard to said company to make
certain alterations, having In view
the abatement of said nuisance, and
Whereas, At the request of this
board the State Board of Health has
made inspection of the plant for the
purpose of advising this body as to
the condition of the said plant. and
Whereas, 1t is the opinion of this
board that the plant of Herbert &S
Herbert, Inc, as at present conduct
ed, is a public nuisance and Is inju-
rious to health, and that it will be
impossible to continue the opera
ton OF said plant in a lawful man.
uer. and
Whereas, 1t is the opinion of this
board that the operation of the plant
shall cease and the nuisance abated.
Be it resolved, That Herbert d
Herbert. Inc, do show cause before
this board on Tuesday, May 81. at s
D. m, why the operation of its plant
shall not be prevented and the
nuisance summarily abated by this
board.
Be 1t resolver. That the secre-
tary serve copy of this resolu-
tion upon said company.