The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-06-18

publish reports Of boroughs and cities closing
and opening streets every day in the year
wherever it becomes necessary and this
matter was considered so at the time and
adopted unanimously.
Mr. Boehm said he would agree with Mr.
Mcclure, so far as the condemning Of streets
was concerned, but he said you don't hear Of
streets being condemned and turned over to
individuals
Mr. Englert said he thought it would be
nothing more than fair 10 give Mr.. Franey
the right to build under ground and not dis
turb the surface
Mr.. Gable said nobody had a right to build
under the streets unless bond be given 10
preserve the surface, and Council should stop
people from taking things that don't belong
TO them, especially 50 when not asking for
them.
Borough Solicitor Pomeroy was called upon
for an opinion in the matter and said he
would not recommend that Council take per-
emptory action aud direct injunction proceed
ings, even though Council might think it
was right, without ascertaining all the facts.
1t would be better if the matter would be put
in the hands Of the law committee Burgess
and Solicitor TO find out what in their judg-
ment would be the best step.
Mr.. BOehm said more time is wasted upon
Mr. Frney than any other citizen of the
town, and he is continually creating trouble
for the Borough Council and its officials
Mr.. Mcclure said he was not speaking in
the interest Of Mr.. Franey, but for tae best
interests of the borough
Mr.. Reese said Mr.. Franey had not used
the ground until the present time and is only
about to put building on it. He did not
think injunction proceedings necessary, but
thought it would only be necessary for
Council to notify Mr.. Faney that it wanted
that property as a sight for a tool house
Solicitor Pomeroy said that if Mr.. Franey
was building on a public street it could be
abated without going into court. The Chief
Burgess could pull down the building as
nuisance
Mr.. Mcclure again spoke against the
motion and said that if it should prevail it
would probably knock out the proposed new
electric light plant and stop the competitions
that it would interfere with the sale of the
property to syndicate.
Mr.. Reese said that if that would knock
out the project the new company must want
very slight excuse TO quit. He moved, as
an amendment to the motion, that Council
instruct the proper officers of the borough to
notify Mr.. Franey that Council desired to
have that piece of ground and that he quit
work on it,
Mr. Lally raised a point of order that the
amendment was foreign to the pending
motion.
President Straughn declared the point OF
order not well taken.
Mr.. Mcclure moved, as an amendment to
the amendment, that Nj. Franey be notified
that this step is taken in reference TO the
piece of ground on Plum alley, and not on
Oak street.
The president ruled Mr.. McGuire's amend
ment out of order as having no bearing on
the matter
| Mr.. Mcclure then moved. as an amend
ment to the amendment to strike out that
/ portion of the motion in reference to Oak
| sire It.
The amendment to the amendment was
put and declared lost on tie vote, the presi-
dent voting and making mistake in saying
the vote was to 6.
Mr.. Mcclure appealed from the decision.
The secretary put the appeal and after a
vote the decision of the chair was declared
not sustained.
The president then aunouced that another
NulC on iilt ulObiOu WOulu ub III OIucIs
Mr. Mcclure protested, claiming that the
amendment to the amendment was carried
by the result of the appeal, but the president
overruled the point and ordered vote
which was taken and the second amendment
declared lost for want of a majority tn,
vote being to 7.
Mr.. Reese's amendment was then put anC
declared lost for want of a majority
A. tho nri usna1 motion rrag oa IIod nm M
Mcclure: 81 vote against this motion becaus
it is taking this piece of ground away an
because it will discourage an industry in tn
. borough"
Mr.. Enelert said he would be satisfied I
vote for the motion if Council could give NJ
Franey the right to build under the surfac,
Mr. Gable said he would agree to this on COZ
ditions and finally the addition was made
the original motion specifying that "COunc
. not to give Mr.. Franey any rights to thi
= part of Oak street above grade, but he ma
have it under the surface, providing he Civ
a bond to keep the surface safe"
. As Council was about to vote Mr.. McGuii
arose and moved, as an amendment, tbs
that part referring to Oak street be stricke
=. out of the motion.
u u Mr., James raised the point of order thi
two amendments had been made on the que
y tion and disposed Of
Il The president declared the point we
: taken.
Mr. Lally protested that the question VI
u not in the form it was when the otherame
ments were voted down.
+" The president answered that before Il
% addition to the original motion was made
asked if their were any objections to it beii
) incorporated in the original motion and
objection was made.
u u Mr.. Mcclure said the substitution was II
IL properly before Council until it was read
the secretary, and that he then moved /
10 amendment.
50 The president replied that no objecti
l. was made to the substitution at the prOI
u time and no amendment could be consider,
~ Mr.. Lally appealed from the decision a
- the appeal was put by the secretary. b!
IA vote Of 90 the decision of the chair "
gu declared not sustained.
a., The president then put Mr. McGuir
III amendment and it was lost by a vote of 7
" 6, Mr.. Englert voting with six Of the q
zens members, and by the same vote
us original motion with the substitution
- corp0rated was carried This ended one
the most spirited parliamentary duels e'
witnessed in Council and settled discuss
over Nh Franey in this connection for
night.
On motion of Mr., Reese the Borou
Treasurer was authorized to receive from
state the bOrouphis Dronortion of the tav