Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1889-07-10
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LANCASTER, PA, July 10, 1889.
The Finding of the Jury,

Ihe coroner's jury finding the Johns
town disaster Ia I've chargeable upon the
South Fork club by reason of the weak
ness of the dam and the inadequacy of
the waste weirs, is likely to bring the
adjudication of the question of response
bility into the courts. The verdict seems
to he justified by the facts, in its finding
that the waste weirs were not sufficient
for their purpose, and that the club Off
GERS were responsible for their condition.
They had not the drainage for which
they were designed, owing to their OBJ
struction with fish screens and bridge
posts, but chiefly because of the sagging
of the dam towards its centre,
several feet below its original line
which sagging was due to the improper
materials and Workmanship used by the
club in repairing the dam when they
took possession of the property. Tho re-
suit Of this condition of the top Of the
dam was to permit the flow of water
over it that had been calculated 10 go
out through the waste weir.
There il claim made on behalf of the
club that the rain fall was of SO cxtraor-
dinary nature that human foresight
did not suffice to provide against it, This
claim is not, however, sustained by evil
dence Of any such water fall and even
If there was ground for il, the club is
prevented from obtaining the benefit of
it, because of their clear negligence in
not securing the full flow of water
through the waste wcirs that they were
calculated to take off.
The civil responsibility of the club for
the damages caused by their negligence
il clear, and it may undoubtedly he
made TO respond TO the extent of its
property; whether the members may
be individually held to any extent, de-
pends upon their liability under their
charter. The criminal responsibility OF
the club officers is another matter; and
the fact that the imperfect condition Of
the dam was of long standing, well
known In the community and easily
ascertainable, II not known, 10y all those
who suffered from its ifruption
Z who nevertheless took no legal meas.
ures to suppress the nuisance,
goes very far toward relieving
the officers of the club from the pre-
sumption Of malice needed to sustain a
criminal charge no one charges that
they suspected that the dam would ever
burst They seem to have had no over
confidence in its security, not fear of
its weakness. The like disease affected
the community. II was the disease OF
incredulity, that took so strong of them
on the day destruction met them, when
they gave no heed 10 the warningSthey
had that il was coming. The dam had
no terrors for them until il over.
whelmed them aud it is not in
order for community that was
30 content TO sit sunder its dangers tc
now rail loudly against its owners. Tn,
Johnstown Democrat which Just appear,
from its ruins, makes like comment
II says: " If the dam was constant
menace to life and property, as all now
believe, what can he said to palliate tn,
conduct of the Johnstown people ant
its authorities especially. There l.
far less excuse for their indifference,
and neglect in the matter than
for the indifference of the South Creek
Fork association. The comment i.
just. There is dreadful responsbilit,
resting upon human shoulders for thi
disaster; il rests upon those who had th'
means of knowing the danger, and VIII,
did know or did not act upon thei
knowledge. The men of knowlcdg
about Johnstown were many. The,
had great interests i'm their charge an,
their responsibility was in proportion T.
thann