Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1897-11-06

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they had the power to see that new
buildings We're put up right they GER
tainly had the power to see that old
ones were not in dangerous condition
Mayor said that the chimney in
question was the only one which the
tenants could use, and as the owner
claimed that he had not the means to
repair, it would place the tenants in a
bad position if they would have to
abandon it.
Mr.. Nickel said that the only remedy
would be to notify tenants not to use
flue until repaired. 1t was ridiculous
to say that the 1ue could not be re
paired, or that the owner had not the
means to do so. He could take the
amount from rent paid and repair fue,
or the tenant could withhold the rent
and have the flue repaired.
The motion was then submitted and
carried.
Mr.. Nickel then advocated disposing
OF the Wilson case at once and want
ed some action taken.
Mr.. Shuckhart wanted to talk but
the Mayor would not allow any dis
cussiOn until there was Il motion be-
fore the house.
DR.. Griffith then moved that the
Wilson case and similar cases be
taken out of the hands of Street COM
mittee and referred to Council for dis
posal. Carried.
Mr. Shuckhart then moved that $25
be appropriated to help Mr.. Willison
defray the expense of building culvert
through his property.
DIR. Griffith said that the matter was
a question that ought to be given
serious consideration, as it would es-
tabllsh precedent, and he would like
to hear the views of members not on
the Street committee before he voted
upon the question. The doctor then
explained the situation of the property
through which the culvert would be
built.
Mayor said that it would be estab-
fishing dangerous precedent. to ap-
propriate anything for purpose just
named. 1t was not because it had
rained any harder or longer now than it
did some time ago but because the land
adjacent had been built upon which
occupied the ground where drainage
should be. He advised consulting the
Attorney before taking action.
DR.. Griffith moved an amendment to
the motion that the matter be referred
to the Attorney. Carried.
Mayor said that there was a bill on
the table amounting to Sc for damages
sustained by Robert Hart, said dam
ages being caused by Mr.. Hart falling
through the board pavement fronting
the property of John w. Hunt on
Nam street. He also stated that Mr..
Hart had brought suit against the
town for the amount and he, as Mayor,
had confessed judgment.
Mr.. Shuckhart moved that the bill
be passed in favor of Mr.. Hart and
presented to Mr.. Hunt for payment.
Carried.
Mr.. Nickel advocated taking action
in the case of John T. Hart and moved
that Council consider Mr.. Harris claim.
Carried.
Mr.. Harris clam was for injuries re-
ceived at the time he had assisted
policeman Yungerman in arresting the
Gunter brothers. He (Hart present.
ed a bill for $75 for loss of - days
work and doctor bill.
Mr.. Shuckhart thought that the bill
had not been presented properly. 1t
was for services as special police when
he had not been appointed as such
either by the Mayor or Bailitf, but
only deputized to assist an officer on
that occasion.
Mayor stated that he had consulted
the Attorney in regard to the matter
mad he had given as his opinion that
it would be a bad precedent to estab-
lish-for instance, suppose someone
should be deputized to assist an officer
and he was killed, his widow might
put in claim for $40, 900 or any other
sum that sne liked.
Mr.. Nickel argued that it was not
just to pay the regular policeman for
all the time that he lost on account of
being injured at that time, especially
as it was his duty to run such risks.
He had taken his position with the
knowledge that there would be such
risks to run, while on the other hand
Mr.. Hart, citizen, had only been
deputlZed for this particular occasion.
There ought to be-" he said, "some
provision made to indemnify him
(Hart for his loss"
Mr.. johnson moved that $50 be APP
propriated for John T. Hart.
Mayor repeated that it was a dan
gerous precedent to set and advised
consulting the Attorney before Coun-
Gil took action in the matter.
The motion was then submitted and
carried, the Mayor requesting the
Clerk to record his vote.
Mr.. Shuckhart asked if there was
not motion on the books ordering
Council to procure 800 or more
perches of limestone.
He was told there was such a motion
Mr.. Nickel then advocated the leas-
ing OF the stone quarry from the Con-
solidation coal company, and
Mr.. Shuckhart moved that the Street
committee be instructed to lease the
Welsh Hill stone quarry for five years
at $40 per year. Carried.
Il. M. Price moved that tool house
be rented for the use of the town from
Alfred Jeffries for one year for $50.
Carried.
Citizen James Dyer stated that he
lived on German street and as there
was no way of getting out without
wadiug through mud, he was present
for the purpose of requesting Council
to take some action in regard to paw
ing the street. He and several others
were willing to pave, but there were
some more able to do so who did not
seem willing.
Mayor asked if there was not some