The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1896-10-12
MR.. FLYNVS FORTIHGAHON
Looks Over the Wall in Sympathy With
His NeighbOrS.
THEY ARE FLOODED BY SEWERAGE
A Sequel to the Case Which Has Worried
the Board of Health and Borough Coun-
Gil For Many Months-Threats Of
Suits For Damages.

There is war in the First ward over
nuisance created ON a number of properties
by the blocking of q creek which has been
part of the natural drainage system Of the
borough ever since its incorporation, and
long before. The blockade has been estab-
lished by ex-High Constable Anthony Flynn
and what the ultimate result will be no one
can at this time conjecture
The creek flows from the northern part of
town, in the vicinity OF Baird's field and
takes a southeast course until it strikes an
other creek at the southern end of limerick
street As the town has developed people
have built houses along the banks and over
the creek and so much has the water course
been hedged that many people do not know
of its existence. OF course advantage has
been taken Of the creek for drainage pur.
poses and its contents today are not desirable
to have flowing over any property aud,
therefore, it is not surprising that the resi-
dents of the First ward affected are up in
arms. The only question is, who is respon-
sible for the condition of affairs Some
people say Anthony Flynn, others say the
Borough Council, and still others blame the
lawyers Time, alone, will tell.
Years ago Flynn purchased a property on
South limerick street. The creek mentioned
passed through the property, the dwelling
being so constructed as to leave a passage for
the flowing waters beneath and in the yard
the creek was covered by old railroad sills
Nobody complained about the creek until
some months ago, when the sills became SO
rotten that they caved in, partly blocking
the creek and allowing offensive odors to
make the surrounding atmosphere unbear-
able. Mr.. Flynn complained to the Borough
Council and Board Of Health claiming that
the creek was a public sewerage and the bor-
ough should cover it. The complaint tluctu-
ated between the Board Of Health and Bor-
ough Council until it became chestnut, and
finally it was thrown aside on an opinion by
the Borough Solicitor, who stated that the
creek was natural water course, and not a
public sewerage and as the break was on
private property, the borough was not liable
Mr. Flynn said it was public sewerage, as
the borough had given parties permits to run
sewerage lines to the creek. This the bor-
ough officials deny They say they have
given permits to have the streets dug up for
the laying of sewerage pipes, but at no time
does it designate where the lines shall dis
charge, only in cases of public sewerage.
Mr.. Flynn then appealed to the law and
through George j. Wadlnger, Esq, brought
suit against the borough for damages in tress-
pass. This suit is still pending. Recently
Mr.. Flynn's lawyer advised him, so it is
claimed, to build a stone wall across the creek
so as to stop it flowing over his property and
then lay such sewerage pipes as would serve
his own purpose. Mr.. Flynn decided to fol-
low the advice, but first told his neighbors
what he proposed doing They became
greatly alarmed and called upon the Boroggh
Council. The Borough Solicitor adhered to
his former opinion and said the best thing for
the Council to do would be to await the re-
suit Of Mr.. Flynn's suit for damages, as that
would settle the question as to whether the
creek was under the jurisdiction Of the bor-
ough.
Mr. Flynn waited a few days and then
started work on his wall. He finally sue
ceeded in putting up an efiectual breastwork
and the rain Of last night did the rest. The
water and sewerage first formed pool, then
sweled by degrees until it became a dam.
The wall is a high one, The water had to 20
some place, however, and it has flowed over
the adjoining premises. The Easements on
the j, B. Monaghan property are flooded to
depth of two and half feet, and Michael
Graham, Health Officer Conry, Edward Nc
Guinness and other adjoining property
OWlClS dIt uIlNtN 10 utSptIdllOu. NlchIy,
the bother, has several wagons in tho yard
next to his establishment and this morning
it looked as if they would soon be floating
The language the afflicted parties are using
has given the atmosphere of the vicinity
sulphurous odor and it is hardly safe for any
body having anything to do with the manage
ment of the borough affairs to go within gun
shot distance of the scene. Meanwhile Mr..
Flynn looks over his stone wall with great
complimentary, but occasionally deals out bits
of sympathy to his afflicted neighbors,
whose only hope Of satisfaction lies in suits
against the borough. Should the court de-
eide that Mr.. Flynn is responsible for the
condition Of affairs they will only have a
poor man TO call upon for damages. The
First ward will no doubt be well represented
at the Borough Council meeting next Thurs
day night