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created in the plant of said Eastern Paving Brick Company, situated along Catskill creek, and between said creek and the main street of the village of Catskill, N. Y., and that the Udalia Kilns, having a frontage of about seven hundred feet along said creek, when in operation, constantly give out great quantities of heavy black smoke, coal gas, noisome and foul smells and odors, which said smoke, gas and odors, owing to the location, construction and methods of operating said kilns, are carried directly into the houses and living and sleeping rooms of a large number of people residing in said village, both day and night, making it necessary for them to keep both doors and windows closed, and causing much sickness and illhealth, and constituting a nuisance injurious to life and health.

2nd. That the manufacture of paving brick by said corporation at the Udalia Kilns, as at present operated and constructed, constitutes a nuisance, injurious not only to the property rights of the people, but to the public health as well, and recommending that the operation of the Udalia Kilns, as at present operated, be declared a nuisance, and that the same be abated, on or before August ist, i899.

Now Therefore, on reading the said report, it is hereby Ordered, that the report of the State Board of Health of such reinvestigation and examination be, and the same hereby is approved; and it is hereby further ordered, and I do hereby, pursuant to section 6 of the Public Health Law, Chapter 66i of the Laws of i893, declare that the operation of the said Udalia Kilns, as at present operated and constructed, as certified in said report, is a public nuisance.

And I Do Further Order the said Eastern Paving Brick Company to abate said nuisance on or beforeAugust i5th, i899.

Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany [l S] this 29th day of July in the year of our Lord one thousand eight hundred and ninety-nine.

THEODORE ROOSEVELT

By the Governor:

William J. Youngs

Secretary to the Governor

THE PUBLIC HEALTH — NUISANCE MAINTAINED BY THE EASTERN PAVING BRICK CO., AT CATSKILL — ORDER TO ABATE

State Of New York

Executive Chamber

The People Of The State Of New York, to the District Attorney, Sheriff and other officers of the county of Greene:

This Is To Command You to take all necessary measures to execute an order made by our Governor, at the Capitol, in the city of Albany, on the 29th day of July, i899, declaring that the operation of the Udalia Kilns by the Eastern Paving Brick Company, in the village of Catskill, N. Y., as at present operated and constructed, is a public nuisance, and requiring the said Eastern Paving Brick Company to abate said nuisance on or before August i5th i899. and to cause the said order to be obeyed. Hereof fail not at your peril.

Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany [l S] this 29th day of July in the year of our Lord one thousand eight hundred and ninety-nine.

THEODORE ROOSEVELT

By the Governor:

William J. Youngs

Secretary to the Governor

THE PUBLIC HEALTH — NUISANCE MAINTAINED BY THE EASTERN PAVING BRICK CO., AT CATSKILL — ORDER EXTENDING DATE TO DISCONTINUE

State Of New York

Executive Chamber

Whereas an order was issued by me of date July 29 i899, based upon the report of the State Board of Health directing that the Eastern Paving Brick Company at Catskill abate certain nuisances reported by said State Board of Health to exist in or near the village of Catskill, and

Whereas the said Eastern Paving Brick Company having made the request that such order be temporarily suspended, and

Whereas a petition numerously signed by officials of the county of Greene and prominent citizens of the village of Catskill requesting that such petition be granted has been presented to me;

Now Therefore it is hereby ordered, and I do direct the sheriff of the county of Greene to suspend the enforcement of my said order of date July 29th above referred to, for the time being, and direct that the said Eastern Paving Brick Company be allowed until the i5th day of November i899, within which to abate the nuisances above referred to.

Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany [l S] this sixteenth day of August in the year of our Lord one thousand eight hundred and ninety-nine.

THEODORE ROOSEVELT

By the Governor:

William J. Youngs

Secretary to the Governor

TEMPORARY DESIGNATION OF JUSTICE KELLOGG TO THE APPELLATE DIVISION, THIRD DEPARTMENT

State Of New York

Executive Chamber It appearing to my satisfaction that the public interest requires it;

Therefore in accordance with the Constitution of the State and the laws in such case made and provided, I do hereby designate the

Honorable S. Alonzo Kellogg of Plattsburgh, who is a Justice of the Supreme Court in and for the Fourth Judicial District, to sit as a member of the Appellate Division of the Third Department, at Albany, for the term of said Division commencing on November i4, i899, and also for the next succeeding term to be held in January, i900, in the place of the Honorable John R. Putnam, who will be absent at those terms. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany [l S] this ninth day of September in the year of our Lord, i899.

THEODORE ROOSEVELT

By the Governor:

William J. Youngs

Secretary to the Governor

DESIGNATION OF JUSTICE WALTER LLOYD SMITH TO THE APPELLATE DIVISION, FOURTH DEPARTMENT

State Of New York

Executive Chamber In Accordance with section two of article six of the Constitution the

Honorable Walter Lloyd Smith

of the city of Elmira who is a justice of the Supreme Court of the Sixth Judicial District is hereby designated as Associate Justice of the Appellate Division of the Supreme Court in and for the Fourth Judicial Department, in the place of the Honorable David L. Follett, deceased, late an

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