The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1892-10-12

attend TO besides the water question and ia
the second place the matter only came up
Just before vacation The rules Of court
provide that such matters shall be heard be-
fore a full court. They are not going to send
all the jurors and witnesses home just to
hear this case. And suppose this case is
heard / venture the assertion that you will
be met at every step. You will be fought
until they have nothing to raise against you.
Do you suppose the Shenandoah Water
Company is going to surrender a property
worth $125,OOO for want of fghting9 Do
you think the Girard Estate is going to allow
you to build dams without making a protest.
Mr.. Baird says the Thomas Coal Company
will fight it.
"The answer is simply this Is the water
committee or the Town Council, prepared to
award a contract to anybody until all these
questions are determined? ?"
Mr.. Wurm thought a start ought to be
made and Mr.. Pomeroy asked, "Is the
borough of Shenandoah going to contract ior
$4,000 and then find itself unable to comply
with its portion and not only lose the water
works, but also stand for damages for breach
of contract? You can award conditional
contract"
Mr.. Franey entered upon long reply to
Mr Pomeroy. He expressed surprise. He
said he did not see any reason why these
bulwarks should be raised now He did not
think that the courts of this county, or the
United States Supreme Court, could prevent
the people of Shenandoah from owning their
own water works if they have the means.
" 1t does not look well to build these argu-
ments now, he continued 'and say award
this contract even on the very statement Of
the gentleman himself don't believe the
people of Shenandoah will sit idle and SEQ
this committee stopped after spending days
and weeks and their money and say We will
wait until the Girard Estate shall say we
can go on, or the old water company saws
that they will give us the right to go ahead.
l don't see any reason for it unless turning
to Mr.. POmeroy) there is some covert design
at the back of it,"
Mr.. Pomeroy arose deliberately and was
evidently restraining his indignation caused
by the remarks and the applause and stamp
ing of two OF three members of the Joint
committee after Mr.. Franey took his seat.
The Solicitor said Il don't know what
Mr. Franey means by covert designs and
he should not talk of covert designs
don't propose to sit here and assume responsi-
bility without a word Of warning to the
Town Council, 1 don't propose, two OF
three years from now, to be damned because
did not tell the Council where it stood.
Don't make charges of covert designs
lpointing to Franey) because that means that
l am not asserting the truth. state tho
facts to the Town Council 1 want water
works and have done everything in my
power and have sntagonized my friends in
doing so. l want every member of the
Town Council to understand, and speak to
them as their legal adviser, that whatever
you do you cannot charge me with no
attempt to put you on your guard and tell
you to go slow"
Mr.. Pomeroy again referred to the rule in
court. He said he perhaps understands the
law one way, another lawyer will perhaps
interpret in another way, the court at
Pottsyille another and the Supreme Court
another. He could not say the law is SO and
so. He could only give his Interpretation of
it. Mr., Pomeroy said that when the special
election was first spoken of the question arose
as to whether it should be held under tho
Act of 1874, or under the Baker ballot law.
1t was held under the Baker law, not because
the lawyers said so, but because the joint
committee wanted it held under that law
The Council, he said, could not expect him
to say just what the Baker law is when the
most eminent iurists of the country are
divided on the question.
In closing Mr.. Pomeroy said, "I want it
understood that l have lifted my voice and
told the Town Council precisely where it
stands, SO they cannot lift their fingers at me
and say 1t was your fault"
Council finally adjourned to meet on
Thursday evening.
Those who fail to see Madeline Merits
Frou-Frou at Ferguson's Thursday night
will miss tho theatrical event of the season.