Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-03-30
HOWLING. Of PUPPY
/. IS HELD UNLAWFUL
Real Estate Board Outlines
] "Nuisances" as Covered
by u. S. Statutes.

Puppies that howl in the stiffness Of
the night are neighborhood nuisances
and the noise they make is unlawful,
the National Association of Real Estate
Boards says in its weekly lesson for
property owners.
The law sees to it that the home
owner can live in peace and the statutes
act to protect him from polluted air,
noise. danger, and even from headaches,
says the association.
Dogs that bark and destroy the noe
turnal rest of people IN adjacent houses
are nuiSances. under the law, but chick
ems that cluck in the customary manner
are not nuisances, say some court de-
cisions. No statement is made as to
what kind of a noise chicken would
have to make to render its presence in
a neighborhood unlawful, but as long
as it conducts itself in the customary
manner the neighbors cannot complain.
Smoke Also Is Nuisance.
"a lawful business is not a nuisance
in itself, but it may be carried on so
as to become nuisance: for example
blasting in a quarry that renders an
adjacent dwelling unsafe and starts ex-
tensive cracks in its walls may make
the operating company liable for dam
ages.
Hospitals so operated as to disturb
and undermine the health of those liv-
ing near, and smoke from nearby
buildings that give them headaches are
nuisances and can be removed.
"All property is owned and used sub
ject to the laws of the land, and, within
the limits prescribed by law to promote
public welfare and protect public and
private rights. its owner may do with
it what he wishes; but all rights of in
dividuals must give way to conSidera-
tons of public health, safety and COM
fort. And all legislation covering nui-
Sances is an exercise of the police power
of the State which is the most compre-
hensive of all governmental powers. and
which is used to enact laws necessary
to the public welfare.
Nuisances Classified.
"This power may not be used to in
wade constitutional rights but 1t Is with
out limits except those prescribed by
the Constitution; and this power covers
the regulation of the use of private
property and the personal conduct Of
individuals.
"A nuisance exists when there is
conducted an unlawful business or when
a lawful business is conducted in an
unlawful manner. The law also distin-
cuisines between a public and private
nuisance on the basis that public
nuisance Injuries all persons who come
within the sphere Of its operation,
though not necessarily each of them to
the same extent; while private nui-
sance affects only one or a few indi-
viduals.
1.-THE jurisdiction of the courts over
both public and private nuisances rests
upon the same principles and goes to
the same extent. A public nuisance
may be abated only by the action of
the public authorities and ordinarily is
beyond the reach of private litigants.
In order to give private individual a
right of action to suppress public nui-
sance, he must suffer by it special and
peculiar injury differing from that COM
mon to all the public, not in degree
merely but in kind. An individual can
maintain a suit for damages resulting
from a nuisance only when some right
of his own has been invaded"