The Newtown bee., 1891-05-08

asked by J. D. Toomey, Jr, counsel for der, finally, shortly after 3, these members were present: Selectmen flaw kins, Jennings and Jennings; Justices Brothwell, Sherwood, Hawkins, Wake man, Wells, Warehouse, Toomey Jr. The latter stated that he should not vote, as he appeared for MT Donovan. As coun- sel, MT Toomey asked for the reading of the resolution under which the board had refused to grant MT Donovan permission to bring garbage into town. He then reviewed the question of the establish ment of a piggery on the Smith farm. All he asked, as counsel for MT Donovan, was permission to bring garbage into town. The question of establishing nuisance did not enter into the subject at all. One of two reasons must be given why the permit would not be granted: Either a personal reason, or some cause that would be accepted by the town. MT Toomey was certain that the former was the only reason, for there could be no reasonable objection to such a system of collecting and carting garbage as Mir Donovan's. If nuisance should be es- abolished at the Smith farm or elsewhere, the health officer could and must abate the nuisance at once, at the expense of the offender. Mir ToOmey had intended to introduce in evidence the testimony of the health officer of Bridgeport; but he had not yet made his appearance. Any reasonable restrictions that might be imposed by the board would gladly be followed by MT Donovan. Attorney H. N. Wakeman was called upon by Chairman Brothwell, but had hardly suf- ficient knowledge of the premises to speak fairly; he was waiting for further evil dence. Sidney Hawkins thought if there was to be piggery at the Smith farm, they might as well shut up shop and go home. He was answered by MT Toomey, who said that it was not a question of piggeries, but of carting garbage. Se- lectman Richard Jennings didn't care about the piggeries Donovan might keep, if they were not nuisances; but he didn't want Bridgeport to dump it's garbage on Fairfield land, when it could not be used on the town farm. Mir Toomey said that Donovan was given the contract for re- moving the garbage because it was 8 saving of $3500 to $4000 year to Bridge port. Lawyer E. l.. Wells, when called upon, said thathe could hardly tell where this place was located. Lawyer Toomey and Selectman Jennings had a wordy ar gument, dametricaly opposing each oth- CT, after which Lawyer Morehouse asked if Donovan had actually bought the Smith farm and was answered by MT Toomey, ''None of your business" Mir Toomey then went on to explain that the only question before the board was the petition for bringing in garbage. Select man Jennings enquired why Donovan had been so particular to ask permission now, when he had for long time been carting without the formalty of a per- init. ''Well, why don't you stop him, if he is violating the law?" replied MT Too mey, who went on to say that if the board did not see fit to grant a permit for year, let it do so for six months. Law yer Wells remarked that, as there was no motion before the house, all this dis cussion~ was not in order. Here Dono- van and Col Fitzgibbons made their ap- pearance, Col Fitzgibbons, the health of ficer of Bridgeport, coming as witness for Mir Donovan. The latter had with him petition, as follows:
 To the hOnOrab hoard of health Of tho town Of Fairfield Your petitioner prays that the board grant him permission to cart garbage into said town in compliance with the regula- tions of said Doard.-[John T. Donovan.
 Discussion followed between Lawyers Toomey and Morehouse. Lawyer Wells made a motion, simply to bring the ques- tion before the house, that the permit be granted. Lawyer Toomey again spoke on the subject, but was interrupted by Mir MorehOuse, who rose to a point of order, claiming that the motion had not been seconded. It was seconded, put at once and lost; to 0. Lawyer Toomey asked for a vote by ballot, but was told by Lawyer Wakeman that,as he was act ing as counsel, he could not ask for a vote. Affairs appeared rather mixed, but Col Fitzgibbons of Bridgeport was f. nally called upon to speak. He briefly rehearsed the history of the case and said that the wagons used by Donovan were excellent and that the work was we'll and carefully done. He wished to see the best possible done for both Bridgeport and Fairfield and thought that there might not be great objection to the Smith farm as place for piggeries. Properly conducted, there should be no trouble with a piggery there. Selectman Jen- nings said that all the speakers talked away from the subject. in that they avoided the matter of bringing the garb- age into the town and it was on this ground alone that he opposed. Attorney Toomey cited instances where people had long carted garbage into town. Select man Hawkins moved to reconsider the vote that had just been declared lost. A vote by ballot on the petition of MT Don- ovan was called and Attorney Morehouse appointed teller. There were eight votes cast; seven no, one yes. The motion was declared lost. As member of the board, MT Toomey then moved that no garbage be allowed to enter the town from any direction. This was quickly adopted and the meeting adjourned.
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