The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1891-10-22
RESGINDED
COUNCIL TAKES BACK THE
LITHUANIAN ORDER.
SPECIAL MEETING LAST NIGHT.
The Board of Directors Of City
Trusts Return to Town and
Inspect Neighboring Col
lieries.

A special meeting of the Borough Coun
Gil was held last night, Messrs. Gable,
Lamb, Wurm, Hopkins, Phaen, Bet
teridge, Moakler, Holman, Amour and
James being present.
Chairman Gable stated that the meeting
had been called for the purpose of taking
some action in regard to the Lithuanian
celebration to take place next Sunday
1T appears Council was little hasty in
the matter" he said land we have come to
the conclusion TO recon ider the matter"
Mr.. Lamb moved that the action taken
by Council last Thursday evening in re-
gard to restraining the Lithuanian con
gregation from having bands and drum
corps in the proposed parade be rescinded
MIR. Wurm seconded the motion.
Mr.. Lamb then spoke in favor of the
motion and said, I'VE have simply
blundered. We have made mistake
When voted for that motion l believed it
as matter of law. 1 have since found
that there is no law to back us in the mat
ter. 1t was not on account of what ha
been told to the public-that it was matter
of church, or against any particular
church, and l defy Gny man to say that any
action of mine could be considered bigoted
1t was the farthest thought from my mind
to take stand on account of religion. But
it is mistake. Had we consulted the
solicitor his advice would have been differ
ant huf nh m 10
and we were so busy with the water and
"I'' rail questions we didn't give the mat
ter sufficient thought. 1t would be well to
have the solicitor state the law"
Borough Solicitor Pomeroy then spoke
and defined the law on public nuissnces
He said, $50 far as the question of law is
concerned there is no law on the statute
books of the state of Pennsylvania that
prohibits the use of music upon the public
streets on Sunday. In fact we have lit g
or no statutory law in this state as to what
may be termed public nuisance. Whether
certain thing done is a public nuisance is
matter of fact and not matter of law.
The courts of law have laid down in Phil
adelphia, and the Supreme Court has cor =
firmed it. that even the crying of news
papers on the streets on Sunday is public
nuisance if the people f11d IL so. That is,
if it disturbs the public Sabbath, or in
terferes with any body of citizens, but
that is matter of fact and should go to II
Jury. There is no doubt that if, Sunday
after Sunday for ffty-two weeks in the
year, the public was annoyed, the judge
would send it to the jury to find whether or
not it amounted to public nuisance, Il
the law said you shall not play bands upon
the public streets on Sunday it would be
d!fferent.! But no law indicates what
amounts to public nuisance on the Sab
bath"
Mr.. Holman then said, "If Mr.. POM
eroy's explanation had been made the other
motion would not have prevailed"
Mr.. Lambs motion was carried after
which Mr.. James moved that resolution
submitted by Mr.. Pomeroy be adopted.
Mr. Hopkins seconded the motion, which
was carried. The reso Ation read as fol-
lows;
WHEREAS, 1t appears to be the public
sentiment OF the cltlzenS OF the borough OF
Shenandoah that the use of bands and
other instruments ut the exercises OF the
laying of the corner stone of the st.
Georges Lithuanian Catholic church of
Shenandoah on Sun lay, the 25th day OF
October, 1891, should not be prohibited;
therefore be it
Resolved, That the resolution heretofore
passed by this council, prohibiting the use
of the same on the public streets of the
borough on the day aforesaid, be and is
hereby rescinded and that the Chief Bur
CESS be instructed and is hereby instructed
to notify all persons concerned of this
action of this body.
Mr.. Lamb then moved that committee
of three be appointed to wait upon com
mittee of the Lithuanian church and make
them understand that the previous action
was not any action against their church and
that there was no prejudice against their
particular church. Mr.. Hopkins seconded
the motion and twas carried.
Messrs. James, Hopkins and Holman
were appointed a committee TO carry out
the instructions.