The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-06-22
Base Ball Matter Before the
Borough Council.
REFERRED TO g0MMIT7TEE
An Amended Electric Railway Ordinance
Adopted to Give the Lakeside Company
Right of wy on Bowers, Oak and
White Streets,

Council was held last evening, but only
sufficient members to constitute quorum
were present, there being six Democratic
absentees. The members present were
Messrs. James, Finney, Gable, Lamb,
Hand, McElhenuy, Stout, Straughn and
Mcclure, and Mr., James occupied the
chair.
Sunday base ball playing and the ex-
tension of the Lakeside Electric railway
were the important topics of the evening.
The case of Chief of Police O'Hara was
not considered as a report on the case was
not made, owing to the absence Of the
majority of the committee on lamp and
watch.
Revs. William Powick and Robert
O'Boyle were present to protest against
Sunday base ball playing and the first
named gentleman presented the following
petition
believing, as we do that the playing
of base ball on Sunday is a reproach TO
our town and a menace to its morals, we
do respectfully petition your body to issue
such instructions to the police as shall
secure the enforcement of the law against
such games on Sunday"
The petition bore the signatures of
Revs. H. f. O'Reilly, Robert O'Boyle,
William Powick, r. NJ. Lichtenwalner,
John Bath, William H. Harrison, d. l.
Evans, p. Abromaitis, Cornelius Lauri-
son, Joseph A. Lenarkawicz, o. H. Bridg-
man, A. Z. Schuttelhofer and Z. NJ.
Morrison.
Rev. Powick supplemented the presen
tation of the petition with some lengthy
remarks in which he stated that the
petition was signed by every Clergyman in
the town, representing every creed and
nationality, except Rev. John Gruhler,
and only absence from the town prevented
the securing of his signature. Rev.
Powick also said he was ready to present
a letter from the Borough Surveyor to the
effect that the base ball grounds are with
in the borough limits.
Borough Solicitor Pomeroy was called
upon for an opinion in the case and he re
sponded at length. He warmed up on the
subject at one time to such an extent tha at
Chairman James asked if the Solicitor
was pleading the case of the base ball
players and the counsel answered that he
was not, but was giving what had been
asked for-his Interpretation of the law
The Solicitor took the ground that the
Act of 1894 was a penal one enacted by
the Commonwealth, that violation con
stitutes criminal offense, but that the
borough is not interested to the extent of
even cent in any fine that may be col
lected for such violations, He said there
are five ward constables in the town to
and it was discretionary with Council to
direct the paid police to take steps in the
matter.
Mr. Pomeroy also said at is the duty
OF police officers to suppress anything
which is the nature of a public nuisance
If a game of base ball should be played
upon the streets, or even upon a vacant
lot, in the vicinity of private dwellings,
or churches, and by allowing boisterous
conversation and cries any one should be
disturbed, it would amount to a breach
OF the peace and then it would be the
duty of the police to arrest the guilty
ones.
On motion of Mr.. Lamb, the matter was
referred to the law committee with in
structiOns to give the matter early con
slderation and call special meeting of
Council to more fully consider it.
Sol Foster Esq, then presented a copy
OF an amendment to the Lakeside Electric
Railway ordinance so as TO allow the
to extend its line south on
Bowers street from Centre to Oak: west
on Oak street to White; north on White
to Centre street.
A motion by Mr.. Mcclure that the
matter be postponed until the next meet
ing of Council, to give property owners a
chance to be heard, was lost.
Mr.. McGuire said the company pro-
posed to operate the Bowers street part of
The line by trestle and the property
owners on that part of the street would
hold the borough responsible for dam
ages.
A point was then raised that the origi-
nal ordinance was of no effect because it
had never been transcribed and signed in
lhe ordinance book before publication.
Mr.. Lamb then moved that the original
ordinance with the amendment offered by
Mr.. Foster be passed.
Mr. Af.fAnf,.a Ah,N
postponed until Council has time to
lsk the court to appoint appraisers to esti-
nate the damages which will arise to the
property owners through the construction
If the trestle and that the railway COM
,any be required to furnish bond to in |
lemnify the property owners.
A point was raised that there was
PROVISION in the ordinance making the |
ailway company responsible for all |
Iamages to property owners, direct or
ousequential
Mr. McGuire's motion to postpone was
nut and lost and Mr.. Lambs motion to |
dopt the ordinance and amendment was |
arried
Mr. Gable reported that the survey
ommittee had decided that the trouble |
N North Pear alley about the grades was |
lue to the giving of wrong grade, that |
{ was about seven inches out of the way. |
The construction committee, through |
dr, McElhenny, reported that the cellar /
4 the borough building was in bad con
ition and recommended, among other |
that the floor be cemented. /
Is a majority of the committee was alb |
ent the matter was laid over
Il. j. Ferguson was granted permission
o rebuild on the ground opposite the
.ehigh Valley depot provided he will be
espOnsible for any damages that may
ccrue.
The street committee was instructed to
bate the nuisance at the 1ierney prop
rty on South Market alley and to make
culyert under the Lehigh Valley rail
Dad at that point
The street committee was also instructed
, have the sewer running under the