The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-02-05
SETTLES
A BIG LAND SUIT.
Offers Made by Ex-senator TOrbert
Accepted Last Night.
TEN THOUSAND DOLLARS SAVED
Agreement Entered Into by which Council
Gives Notes For sic, 900 and Mr..
Torbert is to Give Deed to the
Water Works Land.

TOrbert Is to Give Deed to the
Water Works Land.
The Borough Council held a regular meet
ing last night and was in session nearly four
hours. The meeting will go upon record as
one of the most important held by the body
since the days when the public water works
were in course Of construction, and the
Conncilmen who took part in it are CON
graduating themselves upon having made a
deal by which the borough saves at least ton
thousand dollars and is relieved of a most
veXatious law suit.
The first important business of the evening
hinged upon the report Of Councilman
Straughn. chairman Of the finance com
mittee. He stated that he had visited Potts
vile and consulted with the borough's coun-
sci, A. w. Schalck, Esq, on the question
raised as to how payments made by FAX Col
loctor Seaman should be credited and Mr..
Schalck's opinion corrobOrated that given bv
Borough Solicitor Pomeroy. Mr.. straughn
then presented Mr.. Schalok's written opinion
on the subject and after it was read Council
mau d. r. James moved that a settlement be
made with Collector Seaman on the duplicate
of 1894 and the motion was carried.
On motion of Mr.. Mcclure it was decided
that the Solicitor and proper officers of the
borough prepare the necessary papers to re-
ieve the bondsmen on the tax duplicate of
1898.
John W. Curtin, secretary Of the Board of
Health, appeared with his annual report. a
yoluminous document. He made an offer TO
read it, but that formality was dispensed
with in view Of the amount Of more import-
ant business on the table.
Mr., Reese made a brief report for the fire
apparatus committee, in which he stated that
the fire department organization was in the
same condition as reported at the last meet
ing, one Of the fire companies being still with
out the fold.
Mr.. Coakley raised a point as to who has
authority to release keys from fire alarm
boxes and Mr.. Reese replied that the fire de-
partment would decide that at its next meet
ing.
Mr.. Hand reported that a defective Aue on
West Coal street bad been put in condition.
1t was decided that $500 be taken from the
roads and highways appropriation, of which
there is a considerable balance, and placed to
the credit of the room and stationery COM
mittee. This provision having been made. it
was decided that the latter committee pro-
cure bids for renovating and refurnishinp
the Council chamber. The improvements
will embrace individual desks for the Cam
cilmen.
The law committee reported that A. J..
Womelsdorf had recovered Judgment for his
claim Of 5000 with interest against the bor-
ough and Mr., Lally complained that the
judgment should not have been secured bv
default and without any representation in
court on the part of the borough at the time
In reply to this Mr.. Pomeroy stated that
the case was held off by Mr.. Womelsdorfs
lawyers upon an understanding that a settle
ment would be reached and, after waiting
several days, took Judgment as a matter of
form to protect themselves.
Mr.. Gable, Of the Water Committee. pre-
scented a proposition from Mr.. c.. E. Titman
representing Hon. w. l.. Torbert, which
read as follows:
i will settle the claim which Mr.. William
l.. Iorbert, of Girard Manor, Pa. holds
against this borough for S23, 300 and the inter.
est, making a total of about $3.50 600, for
$4,000 to be paid as follows $4,000 in cash
II you have not got the cash | will take a
three-month note; one note for S.. 900 for one
year, bearing interest from date of issue, and
one for two years, bearing interest from date
OF issue; the understanding being that these
notes may be renewed when due, if so desired
Upon receipt of this will deliver to you a
deed for the amount of ground YOU have
spoken of, viz 8 or 6 acres and the streams.
II TINS IS not accepted within four weeks
from this date january 26, 1917 all offers I
have named you will be considered can
celled." ~
President James asked what position the
case was in and Solicitor Pomeroy replied
hat the borough had appealed from the ar
b~itrators award of S23, 300 to Mr.. Torbert for
the land which was taken for the public
water works. Mr.. Pomeroy stated, in replv
to another question, that Council had the
right TO settle the case out of court.
The discussion of the matter led to ref
erences TO the case of Shannon against the
Pottsyille Water Company, in which the
plaintiff a few days ago secured
Judgment for over $40, 900. Mr.. Coakley said
he was present during a part Of the trial and
witnesses went upon the stand swearing that
the land taken was worth from SIS, 600 to
100000. Mr.. BOehm said that he also was in
attendance at part of the Shannon trial and
it struck him forcibly that the claimants
generally have the best standing in court
The arbitratOrs, he said, gave Shannon an
award of S2l, 900. The water company an
pealed and a jury gave judgment for S45. 900.
In that case there were 81 acres involved.
while in the case between the borough of
Shenandoah and Mr.. Torbert is at least As
acres.
All this discussion was INDUCED with q
view to conclude as to whether it would be-
cheaper to accept Mr.. Torherts offer. OF pre-
coed with the appeal with the hope of having
the award made by the arbitrators cut down.
A discussion Of the boundaries of the land to
be incorporated in the deed, should a settle
meut be made, resulted in Messrs. Gable.
Hand, Boehm and Mcclure, Of the water
committee, being delegated to Immediately
consult with Mr.. Titman as to the boundaries.
The committee retired and about half an
hour later returned with Mr.. Titman.
Mr.. Gable took the floor and stated that il
had been arranged to include in Mr.. Torbert's
offer the stipulation that tho borough shall
be entitled to thirty feet of land ON each
side Of each Of tho two streams flowing
through the entire length of Mr.. Torbert's
land.
Mr., Titman also spoke and said that the
grant also included the land for pipe line
privileges, that all the land within the lines
on the diagram presented would belong to
the borough, and any additional land would
be sold by Mr.. Torbert now, or at any future
time, at 500 an acre. Mr., Titman also Of
fered to sign a personal guarantee that all
WAH