The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-06-08
THE BOROUGH COUNCIL
Proceedings at the Regular
Meeting Last Night.
TIE DAMAGED RESERVOIR
Members of Council Differ In Their Opln-
ions as to Whether the Borough or
Contractor should Foot the Bill For
Making the Repairs.

A regular semi-monthly meeting of
the Borough Council was held last even
ing and attended by the following mem.
bers Messrs Mcclure, Meluskey, Kane,
Stout, Hand, Gallagher Dougherty,
Kerns, James, Lamb and McElhenny.
James L. Morgan presented petition
| for permission to run sewer pipes from
| Main street west on Poplar to West
street. fromPoplar street and connecting
with the public sewer on Poplar street.
\ The request was granted on condition
| that the borough Will have the right to
| make connections for surface drainage.
The borough will extend the public sewer
from the east side of the Lehigh Valley
railroad to the creek.
Mr.. Morgan at the same time com
planned of a crossing at the corner of
| Jardin and Poplar streets requiring a
bridge and the street committee was in
structed to give the matter attention.
Mr.. Gallagher, in behalf of the roads
and highways committee, reported that
repairs had been made to the bridges at
Coal and Gilbert streets, at Turkey Run,
/ on East Lloyd street, on the alley behind
the Muldoon property on East Centre
| street, put new bridge at West Shenan-
doah colliery, ~ inch iron sewer pipe at
the corner of Centre and Bridge streets,
36 feet across the street, and the Lakeside
Electric Railway Company will pay its
pro rata share OF the expense.
Council will meet again on Tuesday
evening to consult on the Higgin's lists of
| tax generations.
| Complaint was made that a man named
Dyke dumps refuse into the creek in the
southern part of the town and the sani-
| tary committee was instructed to call the
| attention of the Board of Health to the
case.
Councilman Gallagher made a formal
m hnH dan ta hn rfi, Mt
| Davis Run. He stated that there is a
break near the west end of the breastwork
| about fifteen feet wide and that the waste
way will have to be torn out and rebuilt.
| 1t was also stated that the abutment of
| the bridge below the reservoir was badly
damaged by the flood. Mr. Gallagher
said it was proposed to make the waste
way fifty feet wide and four feet deep.
| The contractor claims the waste way was
not large enough to carry the water.
The water committee was instructed to
| have the bridge repaired, but there was
| considerable difference of opinion as to
| the other work
Mr.. James said the present waste way
is forty feet wide and three feet deep and
| large enough to carry all the water. He
wanted to know who should be held re-
sponsible for the expense of making re
pairs.
Solicitor Pomeroy said that the ques-
| tion hinged on the construction of the
contract If the breastwork was built
| according to the plans and specifications
the contractor would not be liable; but if
| it occurred by reason of defective CON
struction of the dam and not in accord
ance with the specifications then he
would be.
Mr.. Gallagher said the contractor
| claimed that the construction was in ac-
| cordance with the instructions of the en-
| gineer and the engineer SAYS that if the
NJ M los fol
/ would not have happened.
Mr.. Lamb said he considered the con.
| tractor was responsible, as he still holds
possession and the case is similar to those
in which buildings have been blown
down before the contractor has turned
| them over to the owner.
Mr.. James said he wanted to correct an
| impression that the reservoir filled up
| and the water flowed over the embank-
ment. The high water mark is visible
and it is not within a foot of the top.
This shows that the waste way was large
enough.
Mr.. Lamb said that the contractor
claimed the water did flow over the EN-
| bankment.
Mr. Melusky said he believed the bor-
| ough would have to pay for the repairs.
| In the case of the Lithuanian church the
| steeple was damaged to the extent of
| 81, OOO but in a suit in court the church
lost, the contractor showing that he built
the steeple according to the specifications
1t was decided to leave the matter in
the hands of the water committee and
Solicitor, who will examine the contract
and other papers to decide who is respon-
sible.
| A communication from John f. Whalen,
| Esq. asking that damages be paid Bern
| ard DOnahue, of Girardville, for injuries
received on an alleged defective pavement
on East Lloyd street was read and the
secretary instructed to notify Mr.. Whalen
that Council has investigated the case
and does not think the borough is respon-
sible.
Borough Treasurer Bradigan made
report showing that there is a balance of
| $40 693. 60 in the treasury.
A claim of Frank BONN of Sll.25 for
| damages to his carriage on account of the
bad condition of West Centre street was
referred to the law committee.
The Chief Burgess made his report,
showing S3S 15 collected for fines, permits,
| ETC., during the month of May.
The Chief of Police report for the
month of May showed eight arrests.
Seven paid fines and one served time.
lodgings were furnished to twelve people.