The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1896-10-16
THE COUNCIL IS DETERMINED
Action Taken on the First Ward Sewer
age Question.
FLYNNS WALL MUST COME DOWN,
Council Adopts Resolution to That Effect
and the Chief Burgess Has orders
to Give Immediate Notice-What
Will Follow Non Compliance.

The Borough Council held regular semi
monthly meeting last night and it was an
interesting session. The Councilmen in at
tendance were Messrs Lally, schoppo, .
Boehm, Straughn. d. r. James, Engert, |
Reese, MCGUIRE Gable Hand, Coakley, .
Kerns and President T. J. James.
After James Shields of the First ward,
filed petition for crossing at the western
intersection of Centre and Bridge streets and |
it was referred to the street committee |
Messrs. Michael Graham and j. b. Monaghan |
made complaint of the damage their prop |
ortics sustained through the flood caused by
Anthony Flynu, building a stone and cement
wall across the creek in the First ward. The
! gentlemen appeared as committee appointed |
at meeting of property owners held on
| Wednesday night and wanted to know what
Council could suggest as the best to be done
| in the matter. Mr. Monaghan intimated
that he would expect to he reimbursed for
Lhe damages he had sustained.
The matter was laid over until it came up
in its regular order when Borough Solicitor
/ Pomeroy arose and stated that, after con'ul-
tation and visit to the place in company with
the Chiof Burgess, Supervisor, some Council
men and several citizens, he and A. w.
! Schalck, Esq, of Pottsvlle, had concluded
a
ton fo1 consideration by the Borough Coun-
ell:
Resolved, That this Council having under
consideration the matter OF The stone wall
recently erected by Anthony Flynn across the
stream of water passing through his property,
and on limerick street near Oak street which
stream appears to be ancient water course
and the natural outlet for all the drainage and
| sewerage of the whole eastern section OF this
borough, and has been used a such for the last
thirty years ard over, and the Council having
heard the report of the street committee and
the Solicitor and the Supervisor and various
other members of Council, and OF sundry
citizens, all of WHOM have personal knowledge
of the premises, and the standing waters which
have accumulated and flooded and submerged
mum Der of houses in the vicinity, and having
duly considered the matter, this Council has
declared the said stone wall erected by the said
Anthony Flynn to be q nuisance and we further
find the protection and safety OF the buildings
and other property in that vicinity and of the
health of the residents OF that neighborhood
imperatively require the immediate removal of
, | such nuisance. Therefore, he IL resolved and 1t
is hereby resolved that the Chief Burgess be
and is hereby instructed and directed mt once to
notify the said Anthony Flynn forthwith to
take down and to remove the said stone wall
entirely and 30 restore the channel of said
stream to its former condition, so that the waters
OF said stream may again How through SAID
channel as heretofore.
Resolved further That il the said Anthony
Flynn fails at once to comply with such notice
and request of the Chief Burgess he is further
directed and instructed forthwith to enter ON
said premises and pull down and entirely to
remove the said stone wall and also TO remove
all obstructions in the channel of said stream so
q to restore it to its former condition and the
hOwagC of the waters of the stream as il was
before the erection of said wall. And tine High
Constable is also instructed and is hereby
instructed and directed to assist the oncf Bur.
gess in carrying out this resolution with full
power and authority to hire and employ, at the
expense of the borough, whatever help or pro-
lection they may require in the premises, al OF
which expenses shall thereafter be collected by
the proper officers OF this borough from said
Anthony Flynn.
And, whereas the continuance of the said
nuisance and OF the pools and accumulation OF
water manifestly dangerous to the health of
the residents of that vicinity-as stagnant
waters are well known breeders of various
diseases--we invite the attention Of the Board
| OF Health and of the Health Officer of this
borough to this nuisance and urge upon them to
take prompt and vigorous action to abate this
nuisance, and to cooperate with the other
borough officers in the premises.
8 After Mr.. PomerOy finished reading the
resolutions, Mr.. Straughn moved their adOp-
3 ton and the motion was carried, Mr.. Lally
alone dissenting.
, Mr.. Lally then arose and, after remarking
that he would not like to be the Chief Bur
CESS wanted to know if the borough was
prepared to quell riot which he believed
would surely follow the attempt to tear down
the stone wall.
President James replied that if it was not
the intention of Council to enforce the law
there was no use in doing anything at all in
the matter.
Mr., Hand said the borough was prepared
to stand by the officers who would be sent to
pull down the wall
Solicitor Pomeroy added that the Chief
Burgess and Health Officers, and such help as
they may hire, have the right to go upon the
premises to abate the nuisance by re-opening
the natural water course and if Mr. Flynn,
or anyone else, undertakes to interfere he
will be placed in the same position as anyone
else who undertakes to interfere with a
constable OF other officer in the performance
of duty. All that is necessary is to immed-
lately swear out a warrant for his arrest and
bind him over for appearance at court, Mr..
Pomeroy said notice 60 tear down the wall
would be served ON Mr. Flynn this morning.
In making his report for the roads and
highways committee Mr.. Boehm said the
square from Bridge street to the bridge
ON East Centre street and all crossings
in the First ward had been repaired.
The Chief Burgess should have payements
laid ON the Cherry street side of the Lithu-
anian church aud along that streetto the Ma
tional hotel. There are no pavements there.
The crossing plates have arrived, bnt cannot
be laid in many places because the Chief
Burgess has not required curbstones to be put
in.
D. r. James said that part of Main street,
between Oak and Cherry streets where
steam heat pipes were placed, had sagged
badly.
Supervisor Llewellyn complained that
Huckleberry alley was in bad condition ON
account of failure to put the alley in good
condition after the Bradigan sewer was laid,
President James said people who put in
sewers must be compelled to put the streets
and alleys in as good condition as they find \
| them.
Mr., NJ Moses said that since water meter
has been introduced in the Shenandoah shirt
and overall factory the machines have only |
! worked on half power. lie asked that the |