Evening journal., 1895-09-26
THE ORDER SUSTAINED
And the Board of Education
Fined for Disobeying 1t.
THERE GAN BE NO VALID APPEAL


From tho Decision OF .he Board OF
Health Where Nuisanoos Are Con
cerned-It Costs the Public Educators
Twenty Dollavs for a Point of Law.
Now Thoy Want to AppoaI-rhe Hear
Ing Last Night.
The Municipal Court room was dlled
last evening, with men interested Ia the
trouble between tb' Boards Of Health and
Education over thv connecting OF the
closets Of Nos. 3 At 4 fchools with the
Jefferson street sewer. All the members
OF the Board Of Il iucation were present
TO back up President Baird. ard Secre-
tary Colquhouu was supported by
President Wales aud The memters Of
that board, while William Lawton and
Alfred Gawthicp we're present to see the
fun
Horace Greeley Knowles represented
the educational fathers, and Cty
Solicitor Harman held tho box for the
healthitee although there was a doubt
at one time just who his clients were
The first witness was W. o. RI
Colquhoun Mr.. Baird mad previously
laid his hand on the huge stack OF
authorities which we're brought IN by
Mr. Knowles, aud In a ringing voice
pleaded not guilty The evidence Of Mr.
Colquhoun was that on september IS.
1888 complaints we're received about the
closets aud the Board Of Health recon-
mended the drainage into the sewer May
81. 1895, after numerous complaints had
been received, Executive Oihcsr Mcdowell
made an inspection, reported the closets
dirty and lily ventilated and a second
time the recommendation 20 drain was
made
Then DR. Springer aHd Mr. Jenkins
examined the closets and they decided
that connection should be made aud the
board WAS ordered to clean the place aud
connect during vacation. No notice was
taken OF this, and on August 3 another
Recommendation WAS sent On August
| 81 last, a mandatory order WAS given,
allowing Eve days to do the work On
| August 81, Drs CrumbAugh and Palmer
appeared before the Board Of Health and
asked permission to put In a Bunsen
burner ard iron stack, and this was
denied them. This suit WAS then brought.
Mr.. Knowles began to question wit
ness as TO the character OF the nuisance
when Judge Ball Interrupted with the
remark that the charge was OF refusing
TO obey the order Of the Board OF Health,
and not for maintaining a nuisance
The Board of Health was vested with
extraordinary powers by the Legislature,
the same creator Of the Board OF Educa-
ton This is necessary, said he II the
board decides my house nuisance
because IL contains a contagious disease
it can order It closed, and there Il no
appaRl
Both Mr Knowles and Mr.. Harman
argued that an appeal to the Municipal
Court could be taken and wanted to cite
authorities when Judge Ball with a smile
remarked that II both counsel we're
against him be would DO Ia bad way
10 then decided that the case simply
rested on the question as to whether
he Board of Education did or did not
disobey the crler Of the Board OF Health.
IL the Board Of Education could show
that it never had been given a chance for
heEring. all right, but the question rs
to whether there was q nuisancs OF not
could only be decided before the Board
Of Health.
Mr.. Colquhoun stated that he had
never sent a formal order 70 the Board
Of Education to appear aud defend Itself.
and 30 testified Mr. Baird Secretary
Jones, however, said be had received the
order to connect with the sewer
Then Mr.. Knowles argued that there
was sufficient evidence to prove that there
was no hearing granted Judge Ball how
ever decided that the order was Ia itself
su1ioient notice. He said he would only
be TOO glad to see the two boards come
together, and Ia that case he should not
Impose fne The Board Of Edu
cation had violated the law IN.
Intentionally perhaps. Ho also
said that not only had the Board OF
Health the right 20 order the nuisance
abated but cou.d 20 on the property aud
do the work. and II the bills we're not
paid could sell the property.
President Baird said be had no author
ity to promise that the order would be
obsyed and the court then Imposed a ine
Of $50 aud costs.
The decision was IA the nature Of @
surprise to many OF the Board OF
Education, and after court there was
considerable discussion. Samuel n.
Baynard said that no nuisance exists al
Nos and that the closets are the
cleanest in the city. The board believes
Il to be better to have a nuisance
! committed L. it be committed outside the
school than Ia, and claims as . fact that
J Dlo, complaints have come from schools
connected with sewers than others.
President Baird stated practically the
: came and urged that the board had not
been given chance to appear and argus
It's case.
! Mr.. Knowles stated that the CASE
3 would be appealed. whereupon Dr.
q Shortlidge, who stood near, remarked
2 mot II l can prevent II Why, vi
I wouldn't have any more show in th'
. upper court than a Cuban without
9 arms In Cuba The Board Of EiucatioI
D has known for twenty years that tb'
Q closets we're 3 nuisance The whols
thing is that one board don't like th'
other one to boss ii around
8 Building Permits Granted.
{ Building Inspector Grubb this morning.
z Issued the following permits To JohI
q 7. McKeon, two story brick store ant
1 dwelling, with mansRrd roof, southeas