Delaware gazette and state journal., 1895-10-03

body to drain Schools Nos. 3 and into
the sewer in jefferson street. came up
in the municipal court on Wednesday
Horace Greeley Knowles represented
the School Board and City Solicitor
Harman conducted the prosecution.
The court room was crowded nearly
all of the members of the contestng
bodies being in attendance, in addition
to many spectators, all of whom APP
peared to be deeply interested.
The case took different turn from
what was expected. II became evident
as soon as the case opened that the
defence had prepared something that
they would not be able to use. Tho
School Board came prepared to prove
that no nuisance exists, but Judge Ball
stated in the opening that the municipal
court or any other court has not the
right to decide whether nuisance ex-
lists. He stated that the Board of
Health was the only place where the
question could be settled. He claimed
that that body has extraordinary
powers, and when it decides that there
Is nuisance that settles it.
Charles Baird, president of the School
Board, was called as the defendant.
The first witness called was w. @. r.
Colquhoun, secretary of the Board of
Health. He gave history of the cor
respondence which has passed between
the two bodies, and he also read minutes
made at meetings of the Board of
Health. He stated that he had received
numerous complaints relative to the
existence of a nuisance at the closets
used by the schools named. The first
action taken by the Board of Health,
he said, was in May, 1893, when official
notice was taken of the complaints,
which We're investigated by Executive
Officer Mcdowell. The Board of Edu-
cation. was notified of the opinion OF
the Health Board that there was a
nuisance, and short time afterward
DR.. Shortlidge, who was a member of
both bodies, stated that the School
Board was making an investigation.
On September 10Th of the same year,
the matter having been referred to DIR.
Springer and Mr.. Jenkins, was further
considered, and Secretary Colquhoun
was directed to recommend that the
nuisance be abated, which he claimed
he did, requesting that the schools be
drained in the Jefferson street sewer or
ventilate the closets by using stack
which would 60 higher than the rchool
buildings. Mr. Colquhoun stated that
from that time on complaints have
been received from persons in the
schools, and upon receipt of each com
plant an executive officer was sent out
and in each instance the report was that
the odor arising was noticeable at times
and at other times it would not be de.
tected.
On May 21st Of the present year, Mr..
Colquhoun stated, Executive Officer
Mcdowell investigated a complaint
made by teachers, and at the meeting
of the Health Board on that date
further action was taken, and the secre-
tary was instructed to notify the
School Board TO abate the alleged
nuisance by connecting the schools
with the sewer Late in July or early
in August DIR. Crumbaugh appeared
before the Board of Health and spoke
about the natter when he said
he had no recollection of the School
Board receiving the communication,
and on August Sd another notification
was sent to the School Board, which
also recommended that the schools be
connected with the sewer, the instruc-
tlons being In accordance with action
Of the Health Board.
On August Goth, at another meeting
of the Health Board the secretary was
instructed to send the School Board
peremptory order, and in accordance
with the Instructions the day after the
meeting he sent to the School Board
notification to have the schools con
nected in five days, and stating that if
the order was not complied with it
would be enforced according TO law.
On the 9th Drs. Palmer and Crum
baugh OF the School Board appeared
before the Board of Health and made
the request that permission be given
to try ventilation with the aid of Bun
sen burners, which was granted and
the time was extended two weeks. At
the next meeting Secretary Colquhoun
was directed to enforce the law, and to
that end the next day he conferred
with the city solicitor and, acting
upon his advice warrant was issued.
MIR. Colquhoun exhibited map of
the schools, which had been made by
the city engineers. He stated that he
mad visited the place in person and
found nuisance.
Mr.. Knowles was about to CROSS
examine the witness, wnen Judge Ball
stated that it was not question as 70
the existence of nuisance; it was as
to whether tie School Board had via.
lated the mandates of the Board of
Health. The time TO argue as TO the
merits of the ORDER the Judge said, was
at meeting of the Board of Health
and not in the municipal court. This
Is no extraordinary ruling the Judge
explained. 1t would be ridiculous
to give the Board Of Health certain
powers il everybody could upset the
decisions of the board" He referred
10 the extraordinary powers conferred
on boards of health in other cities.
Mr.. Knowles acknowledged that the
Health board had unusual powers, hut
ne was inclined to 90 into the merits
OF the order of the Board of Health.
but this the court would not allow.
The Judge said that If the Board ~
Health says there is a nuisance that
settles it, and that the Legislature
has not the constitutional right to take
that power away from it or to interfere
with the decisions of the board.
Harvey J. Wiley, secretary of the
Street and Sewer Department, stated
tsS; a sewer was put down Jefferson
street between Second and Third in
october, ls'2, for the purpose of ae
ccommodating No. 3 School, the in
formation being obtained from tie
minutes, ...-
President Baird and Secretary Jones
o. the School Board both stated that
they mad never been notified to appear
before the Health Board in defence Of
me alleged nuisance, but Mr.. Jones'
admitted that he had received notifira
tioas from the Health Board
Mr. Knowles made a masterly pleo
Ior ms clients and asked that the
motier DO sent back to the Board of
ieaith, SO that there might be a set