The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-07-06
THE ECOUNCILNEN MEET
They Transact Considerable
Business of Importance.
SUNDAY BASE BALL CASE
The Law Committee Hands In a Lengthy
Written Report Defining the Position of
the Council and chief Burgess in the
Matter.

A regular meeting of the Borough
Council was held last evening aud the
Szlupas case, Sunday base ball and water
works monopolzed most of the session.
The Szlupas case came up by n request on
Mr.. Cables part to know why the secre-
tary or lamp and watch committee had
sent to Pottsville the testimony taken at
the investigation of Szlupas' charges
against the police force 1t was claimed
that the testimony was sent down without
Councils authority and the prosecution
had used it to the exclusion of the de
Tense. Messrs. Gable, James and Lamb
claimed that Council should not be party
to any such discrimination, and the secre-
tary and committee denied that they had
any such intention.
On motion the secretary was instructed
to write to the prosecuting attorneys in
the case and ask that ali properly belong
ing to the borough be returned at once.
ID. j. Doyle called attention to a nui.
sauce on North White street and asked
that Council Investigate it, On motion
the matter was referred to the sanitary
committee with instructions to confer with
the Board of Health and do all in their
power to abate the nuisance.
The attention of the fire apparatus com
mittee was called to a wire OF the fire
alarm system hanging out of place over
he Lehigh Valley tracks.
The lamp and watch committee re-
ported the re instatement of Chief of
Police o. O'Hara, made last Saturday even
ing, and Policeman Dougherty was re-
ported off duty on account of rheuma-
tism
The finance committee reported having
received $40 as car taxes for two years due
from the Schuylkill Traction Company.
The construction committee reported
the cellar of the borough building in a
bad condition, and the ma ter was referred
back to the committee with instructions
to get estimates on the cost of cementing
the floor of the cellar
Mr.. Lamb, of the law committee, read
the following report on the investigation
OF the protest against Sunday base ball
Before giving our decision we desire to
say we believe that playing base ball on
Sunday is wrong and is disgrace to the
town and should be condemned by every
good and law abiding citizen, and if we
had, in our investigation, found that
Council had the power to comply with
the petitioners request we would have re
ported in favor of suppressing the evil
complained Of But after thoroughly OK
amining the subject, hearing arguments
from the lawyers and interested parties
on both sides, and also reading a number
of decisions bearing directly on the sub
iect at issue, we have come to the conclu-
sion that Council has no powers under
the law of 1894 to instruct our
police force to interfere. AS Mr..
PomeroY has already told Council,
we are only law makers-the Chief Bur
CESS being elected TO enforce the Ordinan-
ces as we make them, and not having any
ordinance covering the law of 1874 he has
no powers in the matter; and if we had
an ordinance of that kind it would have
to be modelled after the state law, which
would make it the duty OF the Chief Bur
CESS to swear out warrants the next day,
and if the offenders should be found guilty
a 81 fine could be imposed. This view of
the case has been admitted by Mr.. Hollo-
peter, who is the legal adviser of the petit
TONERS. but he claims that cheering and
loud cries can be heard, and on that ac
| count is a breach of the peace. This is
admitted by your committee, but as this
Is a question of fact for future considera-
| tiOn we believe it would be well for Coun
Gil to instruct our officers if at any time
| the playing of those games will disturb
| the peace and quiet, or cause disturb
ance to such an extent as to cause breach
of the peace, to enforce the law on the
subject"
| The report was accepted and filed.
Mr.. Gallagher, of the water committee
reported that all the pipe for the water
works is in with the exception of SOOl
| feet on the other side of the mountain
| 500 feet of additional pipe for Turkey
| Run, two squares on Line street and two
| squares on Mulberry alley.
| At this point there was quite a discus
sion over the failure of the contractor tC
order certain pipe and it resulted in 4
motion that when the Council adjourn ii
! do so to meet next Wednesday evening
| and that the secretary insist upon Messrs
| Quinn and Womelsdorf, the contractor
| and engineer, attending the meeting, ant
| If they fail to do so progress on the works
| be stopped until some understanding il
| had.
A license fee of s., collected from Max
| Freidenburg by the Chief Burgess Tor q
| huckster's stand at the corner Centre and
| White streets, was ordered to be returned
as Council does not wish to 90 on record
as countenancing such stands.
A motion that all sIch stands be re
moved was defeated.