The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-02-19
Borough Council Declines to Accent the
Annual Report.
THE OBJECTIONABLE FEATURE |
References Made in It to the Flynn Stone
Wall Case Repudiated by Members
Of Council and the Solicitor.
Who Hint at Interior
Motives

council was too much pressed by the Torbert
land deal and other important matters to
give time to having the document read.
The members Of Council in attendance
were Messrs. Gable Coakley, Kerns, Reese.
Hand, Englert, d. R. James, Murphy. Lally.
Stnughn, Mcclure, schoppe and Il. J. James
None of the committees had anything of
much Importance to report and the order of
business was quickly run through.
Night Watchman Creary, who has been
specially engaged by Main street business
men, was present and made application for a
Key to the lookup, he having been sworn in
as a special policeman by the Chief Burgess
The request was granted.
The Finance Committee submitted a state
ment showing a settlement in full with Tax
receiver Scanlan on the duplicate Of 1894.
Council was about TO take steps to adjourn
when John W. Curtin secretary of the
board OF HEALTH appeared with the volum-
nous annual report Of the board, submitted
It, and withdrew. The secretary of Council
was instructed to read the document and
after he had done SO Mr.. Lally moved that
the report be accepted and filed. Mr.
StIaughn arose and said, 'I don't see how
any member Of the Borough Council.
after hearing the report read. can make
motion to accept and file reflection
upon every member of this body. l believe
tins Council has done its duty so far as tho
Flynn case is concerned We have appealed
TO the Board of Health for assistance in the
matter and they have ignored us. This
tlynn matter is private nuisance and who
mas superior authority in matters Of that
kind than the Board of Heath2 And
have little regard for the action of thu
Board OF Health in sending communication
OF that kind to this body. This Council
has done everything in its power to abate
that nuisance whereas it should have been
the duty of the Health Officer, who resides
in that immediate neighborhood. and who
has beepatieeted by that nuisance. 1, for
one will not vote to accept such a report
Mr. ID. r. James spoke in similar terms
ana said that one glaring mistatement in the
report was that the borough had assumed
control Of this stream. THAT is not a fact |
said he. Had we run it through private |
property then we would have assumed con |
troll of it,"
Mr.. Mcclure took an opposite view of if
and said Il don't believe this Council has
done its duty in that matter, and it is NOT
doing its duty now. We had notice that a
wall was to have been built 1t was the dutv .
OF Council to restrain Mr. Flynn from build |
ing that wall, and the wall is an obstruction
to all nuisances going down into the creek
and IN the spring We will have an epidemic
IN that quarter. believe the Solicitor is not
properly pushing the matter and he and
Council are negligent in the matter"
Mr. Coakley said al can agree with Mr.
McGuire. l think they pick up this case
when they have nothing else to do" He
continued his statement by saying the law
yers always hold the hearings in the case on
Saturday, when they have nothing else to do
at Pottsville, aud that they ought to hold
hearings on other days
Solicitor POmerOy replied TO the effect that
he had done all in his power to push the
case and, so far as he knew, there
was only one instance when either
Mr., Schalck, or himself, had deferred
taking testimony in the case and all the
other postponements were made by Mr..
tlynns lawyers. $50 far as the animal
report is concerned" +" he continued 1--WE
have put in all the testimony and they have
injected that report in it. They have
assumed in that report many facts which
neither the counsel for Mr.. Flvnn
or the borough know anything about
They set in judgment on the case.
The Board Of Health is a creature
of this Council, yet the Board sits in iudg-
ment and reproves its maker. 1t is not in !
way of a suggestion, but in way of lecture. r
but whether the report is received, or not :
makes no difference to me- That stuff was a
nteriected into the evidence so the court /,
may read it for the purpose, no doubt of ;
showing the position Of the Board of Health a
against this Council. l presume this Council
has some dignity, as a body"
Mr. Reese said THAT was nv oninior
when I bpard tho raporf ,,oo 4 81 L
IS that the report should be accepted and
burned. They have gone entirely too far
md it is entirely out of order, and nv vote
will 80 ON record to have it thrown aside" b
Mr. Coakley said Mr. Pomeroy's explapa- Y
ion as to the postponements Of the case was n
satisfactory to him.
Mr.. Gable said the insinuations in the a
were insulting to every mem p
'er Of Council and the report should be
,uned
Mr.. Hand was clear In his remarks. He =
aid; Those are my views on the report. IL =
5 a criticism on this Council from start To "
Inish. The suit the borough has is ON the =
question as to whether Mr. Flynn has the
light to block that creek, or not"
Mr.. Lally coincided in the views expressed
" Mr.. Mcguire and claimed that under one
# the ordinances the borough had control of
N sewers and water courses in the borough
,ut Council had not enforced the ordinance
President II. J. James replied that Council
vas advised by its Solicitor that It had NO
light to go on private property, or interfere
With anybody's private property, aud the
ioard Of Health has more authority than
'ouncil, If there is a nuisance, the Board
f Health has power to go upon private
property and abate it.