The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-02-27
THU WATER CASES
Lengthy Arguments Before
the Court at Pottsville.
LONG STRING OF LAWYERS
Several Hours Spent in Discussing the
Present and Probable Resources and
Expenditures of the Borough of shsnan-
doah--The Courts Decisions Awaited.

The Shenandoah water cases occupied al
most the entire attention of Judges Bechtol
and Weidman at the Pottsville civil court
The court listened to reading of
afiidavits for some time before the noon re-
cess and all the afternoon session, from two
to six o'clock, was taken up by the reading
of more affidsvits and by arguments
There was an unusual array of counsel in
the case, John W. Ryan, ]. r. Coyle and S.
II. Kaercher representing the Thomas Coal
ompany; George ]. WAdlinger, Esq, repre-.
senting Quinn & Kerns Guy e. Farquhsr
and s. G. M. Hollopeter, Esqs., representing
the Shenandoah Water and Gas company,
and A. w. Schslck and J. II. Pomeroy, Esqs.,
representing the Borough Of Shenandoah.
Mr. Kearoher also represented the GirArd
estate and Hon. w. L. Torbert.
The most interesting address appeared to
be that of Mr.. Ryan. He argued principally |
against the bonds of indemnity offered by |
the borough and presented the case in such |
manner that some of the disinterested |
listeners were inclined to believe that he sue
ceeded in giving the offered security pretty |
dark colored eye.
Mr. Klercher opened by C aiming that even |
the amended bonds last submitted we're not |
in proper form; that they did not comply in |
form with the requirements made by the |
court some months ago. He claimed that in |
their form before court the bonds gave no
security to the parties entitled to them,
The bonds were made out in tho sum Of
100000 to the Girard estate, 100000 to the
Thomas Coal company, and $4,000 TO the
to Hon. w. L Torbert
The recital in the bonds, Mr.. Kaercher
claimed, showed the probable current receipts
expected by the borough of Shenandoah, the
principal on the bonds, and from which it
was expected TO pay damages that might ao-
! crue to the Girard estate and Thomas Coal
company, but failed to show the probable ex-
penditures.
He said the borough's statement Of
| resources was swelled by some balance due on
tax duplicates over ten years old, among the
| balances being one due from John J. Tooe,
and $4,000 as revenue from the water works
for 1894 when in fact they had not started TO
| lay the pipes. The official minutes of the
| Borough Council, he said, showed that the
works were costing more than had been con-
templated and the Councils estimates of its
resources should be accepted as also likely TO
| be an erroneous one.
"The citizens gave them the right to issue
| bonds for B95,000," Mr.. Kaercher said, and
the evidence of the official minute book is
| that they have gone beyond that. There iG
\ difference of opinion between the Borough
Council and the contractors as to what should
be paid for rock work and we have an afh
davit that they have paid $4,000 for the
reservoir that they contemplated would only
cost $4,000. They have exceeded their esti-
mate already by $4,000. AT this rate how
can they expect to pay expenditures from
| current revenue and yet pay MIR, ToTbert and
the others for land from the same source
There is absolutely no security for the price
Of the land outside the name Of the borough
.c t1,,s,-
/ ing at so much, the value of their steam en-
2ine at so much, the hook and ladder truck at
\ 81, 500 estimate the tax revenue for 1894 at
| mills OF $21 900, the license money at $40
coo, and revenue from public water works st
| $4,000.
Mr. Kaercher added, "They cannot go one
cent beyond the $95 900 for the construction
Of the public water works, yet they have
made contracts beyond that amount but If
| they undertake to issue bonds for anything
shove that amount they will be illegal and
can be onjoined by any taxpayer"
During the arguments notice was given to
| the court that a subpoena had been served on
the Council asking for the production Of ths
/ contract with Quinn and Kerns, but that the
paper was not produced on the excuse that
| Secretary Coakley was in Washington and
the paper was locked up in his desk.
MIR Holopeter followed Mr. Kaercher with
an argument in favor of the shenandoah
! Water Company He read large number
of afidayits by A. B. Cochran and others to
the effect that if the borough should build its
reservoir as proposed Oh FOwlers Run the
water shed OF the water company at that
point would bo cut off aud destroyed Mr.
| Hollopeter also said that the charter Of tho
company gave it the right to appropriate all
the streams on the mountain north Of
! Shenandoah.
Some OF the aflidavits set forth that the
/ nrd of Ghpmau1onh Vvaa de nne
upon the Fowler's Run reservoir for its
supply Of water.
Mr. schalck was the next speaker and on
| the bond question he submitted q paper
showing that the borough of Shenandoah has
assets and resources to the amount Of S67,-
600.
Mr.. Ryon: Where are your water works
! from which you are to get $4,000 for 1884?
| Mr.. SChalck They will be a source of
revenue as soon as you quit these obstructive
tactics.
Mr. schalck then read a number of afi-
davits in which the statements Of the aiii
davits presented by the opposite side were
that the reservoir the borough proposed to
bnild would receive no water except what
may be pumped in it, or fall from the
heavens. That IL would be simply a dis
| tributing reservoir and in 10 wise interfere
with the rights Of the wa or company, by
cutting of supplies of water either on the
surface or below He also presented an
affidavit by DR.. S. c. Spalding in which that
| gentleman swore that he believed, although
! he had not analysed the water, that the
supply given by the old water company was
responsible for some of the typhoid fever
cases in Shenandoah; and that other
! physicians had complained of the water to
/ him.
Mr.. sehalok said that the shenandoah
Water company might be entitled to the