The Wilmington daily Republican., 1895-09-26
MUST DRAIN THE CLOSETS.
SO says arun'c'pn, Court Jaase Bali, pHs
. ho Boord of Education WIN isndsayor
TO Appeal.

sho Boprd OF Eduentisn WIN Endenvor
| TO Appeal.
| Municipal Court Judge J. Frapk Ball
last night heard the case OF the Board OF
Health vs., the Board OF Education and
nndd the latter body through lie President
Charies Baird. eco and costs. The speoi-
| fic pharse was fniling to comply with the
order OF ths Board OF Health In the mat.
8 and 4.
Mr.. Baird was represented by Horace
Y. knowles and he pleaded not guilty 10
the charge. The case began by tho calling
of ~, v X Coiquhoun, secretary OF the
Board OF Health, who testified to first be.
ing notified Of tho condition of the closets
on September 49, 1898. Since that tiue
noIice after notice had been served on tie
school board to abate the nuisance but it
had never been done, At THE point Judge
Ball remarked that under the law govern.
Ing the case 1t 10 merely refusing to obey
the order OF the Board OF Health.
Horace q. knowieR who represented
the Board OF Education. asked II the
Judge ruled that whether there was a
null lsance maintained or not entered into
the matter.
Judge Ball replied that the charge was
ono Ct refusing TO obey an order OF the
Board OF Health. TEs Board OF Health
haf extraordinary power. because 1t 10
necessary for health bodies to hold such
powers. II can close a house anywhere
In the city II 1t SO desires in order to
prevent the spread Of contagious diseases.
Mr.. Knowles held that the Board of
Health had no arbitrary powers 1t eau
be proven here that there never was q
nuisance existed there.
Judge Ball eald that II the Board of
Health. after due consideration, decides
that anything is o nuisance. that settles
City Solicitor Harman said that the
charter provided that an appeal might be
taken from the board to the Municipal
Court.
Judge Ball said that II both the solicitor
end MT. Knowles were to argue OH one
side the court would be In bad way.
Even II MIR. Knowles could prove that
there were no water closets oE the prop
critics the court said would not change
tho status OF the case. All the court has
to do is to Inquire whether an order OF
tho Board of Health was dis obeyed.
Harvey j. Wiley testified that there was
sewer on Jefferson street and the
minutes OF the Street and Sewer Depart.
mont showed that the sewer was laid to
aceomm odate tho school,
The defense began by the examination
OF Mr.. Baird who shid he hah never re-
celved q otice TO appear before the Board
OF Health In refersnce to the matter.
Secretary L. b. Jones gave similar testi.
m9ny.
Nj, hnoWiee oontenued tnat the Board
Of Education had redeived NC * iY.t .s., s.S !,
i,a sias 70 tbs py5Sra Of Health This
obArgs .''1JsiIigs upon the Board OF Educa'
hop the stigma OF being careless OF the
health OF tho children without an oppor.
tunlty 10 refute 1t. He asked that the
dase be cent back to the Board OF Health
Judge Ball eaid he wes sorry that the
case was not settled outside OF the court.
| Mr.. Knowles held that the members oi
l ha urd nf xvh hn ha IN
The Board of Health went In an unofficial
! capacity.
| Judge Dali said II was the duty OF the
Board Of Education to demand hearing
1t wunted one. He was sure that tht
Board of Education had the welfare Of the
children at heart. but In this case they
have been mistaken In their idea OF tht
! law. If the Board OF Education will
promise to obey this order no one viii be
imposed. ...
, promise without meeting. and iiEe o.
$50 and costs Imposed.
The result OF the case caused much sur
: price. Samuel II. BayEard explained thu
position OF the board thus;
1t is CHARGED with maintaining Duis
lanoe. There is no cleaner casspOol In th,
, lofty, used for public purposes than this
: one. The board has to contend with more
7 dlfficult circumstances than any Other
lbody. There are 800 children who use
thsse closets In four school hours. Where
/. Il there are 300 boys, many OF whose dlspO
{ sitions are to do most anything excep
what Ia right will. Of necessity make
. Gulsance. the nuisance being what doe
, not go In the we'll.
That fact being recognized, the boarc
: has found TINT 1t Is all folly to attem pt Il
put In eoientilc sanitary plumbing, ant
that the proper thing to do is to make hl
, provisions to attend to these matters and
remove the nuisnnces when committed
As ID fact tho board believes that It Is sdfe
| to have this nuisance com mltted In build
! ings outside OF school rather than In tn
school proper. Thete have been NOR
} complaints from the Board OF Health o
nulsances from aohools connected Will
the sewers than OF those not connected.
President Baird says: The position o
the Board OF Education is that 1t should
, not DO cond emred for maintaining III
sance without being heard. l do not be
. leve that n nuisance exists at schools Nos
8 ana 4. Whenever q complaint has beei
received, we have always given 1t atten
tion and tiled to remove any even sup
posed cause. We have asked the teacher
In the rooms, whenever thsy could detec
an odoI, which thoy thought came from
that source to notify us at once. Their
wac but one case that l know OF wher
we were sent for. We went mmediatel!
to tho officers OF the Board OF Health
who visited the school lately, said h
found the place clean and that there wa
| nothing to complain OF In that respect
Il think express the feeling OF tn
Board of Education when say that ther'
Il Is no one more Interested In the health o
the tenchers and the children. except tht
parents. than the Board of Education. !
has spent time and money to secure III
best sanitary appliances ia order to pro
tect the health Of the teachers and pupili
and they have no disposition to elthe
evade this law OF antagoni1e the Board o
4 Health. In my opinion the sanitaty al
I rangements nTe much better with the wei
MS It now Is than 1t would be with tn
! sewer connection demanded. This w
base upon experience and knowledge O
schools drained into sewers and thos
which ore not"
Had we been allowed to produce evl
dence at tho trial we were prepared L
show by teachers who have taught 10
several years in tho building that the:
was no odur from the well that tho
!, would be justified In com planning OF; ais
! a number of prominent citizens, some c
\ them OK perts In sanitary matters. wrf
there. Further we could hnve produced
witness to the effect Tint one OF the officer
could detect nothing unusual or oneI
eive and asked the teacher who con
I plained. and she said that she smelle
\ nothing then. but had half an hour or q
\ hour before like a gasoline odor."
Notwithstanding the decision the Boar
of Education will try to appeal the case.
7 Rcturdod Home.