The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-05-26
Otto Carl's Case Taken Under
Consideration Again.
gLASHING OF OPINIONS
The Secretary Of the state Board OF
Health and Borough Solicitor Differ in
Their Notion of what is Nuisance-A
Tie Vote

a regular meeting Of the Board of
Health was held last night aud the mem
bers again wrestled with the question as
to whether Otto Carls should be permitted
to erect a slaughter house at the south
end of Market alley.
A letter from BENZ. f. Lee, secretary of
the State Board of Health, was read. 1t
set forth that the Shenandoah board has
the power to refuse permit for establish
ing slaughter house if the proposed site
Is such that the board is convinced that
the place would necessarily become a
nuisance prejudicial to the public health.
The letter also stated that Borough Solic-
ltOr PomerOy was right IN his statement
that slaughter house is not in itself n
nuisance, but situation is unquestionablv
one of the factors which may constitute
it a nuisance.
Mr.. Pomeroy said he wished to make a
statement as solicitor of the borough and
have it recorded. He said the Board of
Health has no power to declare a public
nuisance that which has not already been
declared a nuisance by the courts. A
business may become a nuisance by the
means in which it is conducted, but the
board has no power to declare any bust
ness to be public nuisance per Sc which
the laws of the state has not declared to
be such.
On motion of Mr. Broughall, the cues
tion of granting Mr. Carls permit was
re-opened, but on a motion of Mr.. Ma
lone's that Mr.. Carls be granted permis-
sion to erect the slaughter house. the vote
was tie--Messrs. Malone and BroughalI
voting for the motion and Messrs Spald-
ing and McHale voting against Mr..
Miles, the fifth member, was not present.
President Spalding declared the motion
lost and said the case stood as before it
was re opened, that Mr.. Carls is refused a
license.
The committee on epidemics reported
one case of scarletina, one of measles and
one of diphtheria in existence in the town,
On motion of Mr.. Malone the secretary
was instructed to write to the secretary of
the State Board of Health and ask if the
Shenandoah board has power to fix the
salaries of its officers.
Health Officer Miles made his semi
monthly report as follows; 1.-The following
improvements have been made since my
last repOrt-drain on Mullen property on
East Centre street improved Goodman
Bros. removed garbage from their yard:
ashes removed from NJ. p. Fowler's West
Coal street property; drain on Coal street
between Gilbert and Catherine, cleaned;
cesspool on East Lloyd street cleaned:
water removed from a cellar on West
Cherry street; nuisauCes DN Juneberry
alley removed cesspool Oh East Centre
street put in better condition; cutters on
West Strawberry alley cleaned; yard on
Market alley cleaned Robbins oDera
house cleaned and improved sewer
put in and other Improvements made on
the traney East Centre and Gilbert streets
properties yard on Oak street cleaned
cesspools and yards of the Robbins, Lang
ton and Courtney properties on 1.-THE rocks, :"
cleaned; wagons removed and yard and
cutters cleaned on North Pear alley the
hog pen on West Coal street, between Gil
bert and Catherine streets, will be re-
moved. ! would suggest that traps be
placed where surface drainage empties
into sewers, as impure odors arise from
the drains in different parts of the town. I"