The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1896-10-17
SIORMING Of FORT FLYNN.
Chief Burgess Burns Attempted TO
Attack the Wall.
THE FLYNNS APPEARED IN ARMS.
Burgess Burns Causes Their Arrest and He
is Arrested on q Charge of Trespass
on Complaint Of Anthony Flynn.
The War to Continue.

wall he constructed across the natural water
course in the First ward and the Board of
Health met last night to consider the advis-
ability Of cooperating with the borough
officials in the matter, and met again this
morning, upon the scene, and a small
American flag which Mr.. Flynn planted on
top of il floated detiautly in the breeze
as the members of the Board of Health
surveyed the domain of general disturbance.
1t is quite evident that the Board of Health
does not propose to take any part in the mat
ter if it can possibly avoid doing so. Last
night three members of the Board, Messrs.
Morrison, Malone and Holman, met in re-
sponse to a call for special meeting and
listened to remarks by Borough Solicitor
Pomeroy, who also read the resolution
adopted by the Borough Council. He also
told the Board that although the Council
had proceeded as far as it has, the law has
really taken the law out Of its hands and
vested full power in the Board of Health
and it is the duty of the Board to ascertain
if a nuisance exists. If a nuisance does
exist, the Board should abate it.
Mr.. Morrison said the Board decided over a
year ago that a nuisance existed in the center
of Mr.. Flynn's lot.
Health officer Conry interiected the re-
mark that the Borough Council at that time
said the borough had nothing to do with the
nuisance as it was on private property.
Solicitor Pomeroy said the existing case
and the one of year ago were not parallel.
At that time a private nuisance did exist
but now there arises a nuisance Of public
character by reason Of Mr.. Flynn erecting
the stone wall. A year ago only Mr.. Flynn
was complaining, while to-day complaint
comes from the entire neighborhood.
After some discussion the Board, on motion
| of Mr.. Malone, decided to meet at $50 this
morning and view the premises to see what
jurisdiction the Board had in the matter.
Accordingly all the members of the Board
and Health Officer Conry and Chief Burgess
| Burns assembled at the appointed place and
hour. Mr.. Flynn made no objection to their
entry upon the premises, but he and half
a dozen relatives watched closely that no
stone in the now famous wall was removed.
The wall is a solid one large enough, in the
language of one of the visitors, to sustain a
cannon. After brief view of the premises
the Board retired to the residence of Health
Officer Conry, ON the opposite side of
| limerick street, and a special meeting was
held.
President Spalding said he didn't see where
the Board Of Health was concerned in the
matter and he didn't feel like becoming en-
tangled in the suit pending between the bor-
ough and Mr. Flynn, or any that itmay have
with the other property owners.
Mr.. MOrrisOn's view was quite different.
He said it was evident that nuisances existed
ON the premises of j. b. Monaghan, Michael
Graham, Health Officer Conry and other
property owners and he thought the proper
course would be to compel them to abate the
nuisance and then let them prosecute Mr.
Flynn for creating it. He considered that it
was the duty of the property owners, in the
! first place, to take action against Mr.. Flynn
when he started to build the stone wall
Mr.. Malone said Council had taken action
in the matter and it rested with that body.
| 1t was question of law between the borough
and Mr.. Flynn and not for the Board to mix
up in it.
Mr.. Holman was of the same opinion, but
thought some disinfectants ought to be used
in Mr.. FlYnn's cellar.
| Mr.. McHale said the borough had given
parties privilege to connect sewers with the
creek and he did not think the law gave any
body right TO license, or maintain a
nuisance.
| Health Officer Conry thought the borough
ought to accept the proposition Of himself
and other property owners, which is to divert
]
property and run it through the rear of the
adjoining properties. All the owners are
perfectly willing to give the right of way
and the cost would not exceed Sl00, which
could be raised by Council compelling all
who have sewer connections on the creek to
pay their pro rata share, or discontinue their
connections.
Mr. Morrison was still of the opinion that
the most effective and regular means would
| be to prosecute the property owners who are
now maintaing nuisances, and let them at
| tend 10 Mr., Flynn. Mr.. Morrison said ne
based his opinions upon the advice of the
| Borough Solicitor.
Finally Mr.. Malone moved that the Board
| adjourn 10 meet next Wednesday evening,
at 1880, and Mr., Holman amended that a
| special meeting of the Borough Council be
| invited at the same time, making the meet
/ ing a Joint one, and the motion as amended
was carried.
1t is now alleged that the Flynn and sew
eral other properties are located ON land
which is, or should be, a continuance of
| Hucklebcrry alley and that the borough
never surrendered the land. 1t is also alleged
that the same is true concerning Peach alley.
Upon learning that the Board of Health
had again delayed action in the matter this
morning Chief Burgess Burns reported to
Borough Solicitor Pomeroy, who stated that
in order to purge the borough of liability for
damages it would be necessary for the officers
to enforce the resolution, Chief Burgess
Burns then summoned Supervisor Llewellyn, |
who in turn called upon George Knott,
Robert Fishbum and John Prosser, to go to
the scene as workmen. On the way Prosser
heard some people say there might be trouble
and he quickly surrendered his pick and
retraced his steps up town.
The Burgess and his party proceeded down
to the Flynn property, As they walked up
the alley at the side of the house from !