The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-23
THE BOARD OF HEALTH.
Their Position as Regards the Flynn Sewer
Difficulty.

-
braces a statement of the financial transac-
tions Of the Board, together with statistical
information as to births, deaths and mar
riIges and observations pertinent to the
subjects Of contagious diseases, vaccination,
etc. They show that the town has enjoyed a
fair immunity from any serious outbreak of
dangerous communicable diseases, and with a
death rate lower than any other year, during
the existence of the Board.
The report deals at great length with the
Flynn W difficulty. The Boards position
in the matter is stated as follows
1t can be stated without fear of cOntradic-
ton that the outcome will be an expensive
one whatsoever party loses. As the law
determines the corporations responsibility to
have charge of all public streams and sewers
within the borough limits, the Sinking Of
this public duty and consequent responsibility
for the conditions now existing to other
shoulders-individuals or private sewer COM
panies-we deem as showing a lack of the
proper spirit of progress in this direction,
and of due appreciation Of the best interest
of the taxpayers. We contend, that as the
pollution of the stream has resulted mainly
from the drainage of the different sewer
lines into it, and this condition has been
brought about in pursuance and by virtue Of
supposed permits from COuncil-not your
body in particular, but all previous ones
should the Board of Health take the grounds
as it was partly their inclination to do,
following up the declaration that the stream
was a pure and a private one 50 far as the
borough was concerned, and had forced every
individual and sewer line to d~isconnect-
therefrom, a much more g%reyious state of
affairs would result, entailing the expendi-
ture of various sums Of much greateramount
to remedy than as contemplated by such
action as was entirely within your province
to take in the premises, and logically your
duty, in view Of the borough's responsibility
in the management and control of the creek
or sewer.
To i~nteEiect the contention, that the per-
mits, which were granted to. the various
sewer lines, conveyed no rights whatever,
further than a mere permission to dig the
public streets, in tho prosecution Of any
work the applicants contemplated, and
without knowing or caring, by implication,
what the purposes of the parties
were, whether to dig a trench for
laying water-mains, or as a receptacle for
dead animals-if the party so enclosed
seems to us to be invalid, and Inconsistent
with a proper appreciation of those duties,
which, as public servants, we W to the
community, at least from a common-sense if
not a legal point of view. The granting of
the permits-asked for by the applicants, for
the stated and specific purpose of sewerage,
always, we are informed, deferring the limits
Of the proposed undertaking, as from a GER
tain point to the creek,-the action Of your
predecessors, through legal proceedings or a
threat Of them, to compel certain parties to
drain into and extend sewer lines to tho
creek, are bona fde evidences, at this stage,
of the Borough's responsibility aud iuten-
tons in the premises, of having the control
Of the stream as a public water course or
sewer.
Nearly all if not all, ssEs.N lfSgs empty
AZ '"o tseK 81 .le public streets, or alleys;
hence if the creek is to be a private and pure
stream, within the Borough's declaration,
tho remedying of the complaints and nui-
sances, lays entirely within its province.
We cannot realize that the individuals
rights, to have and enjoy his property and
home, can be taken away with impurity
even to the least extent, without due process
Of law nor can an intolerable nuisance be
brought to his very door, day after day,
through the careless or perhaps criminal
action of any body Of our citizens, whether
acting in official capacity OF by right Of
supposed permits from the legally constituted
officers Of the borough, or not, without some
redress in equity tending to relief or adequate
damages.
Hence we fail to see that Mr.. Flynn has no
legal or just rights in his contention. We
hoped TO avert its threatened coming by
timely action some fifteen months ago, when
our Health Officer, pursuant to instructions
from this Board, appeared before your body
and urged and invited your cooperation with
a view to formulate some plan which would
end the difficulty amicably, and for the best
interests Of all concerned.
Recognizing the great usefulness of the
stream as a public sewer, in the absence of
any general system in the borough and
taking cognisance Of the fact that it has been
actually an outlet for sewerage and all
kindred waste matter for over one-quarter
Of the ~borough's inhabitants, we had hoped
that Council would take such action as to
make the stream a legitimate public sewer,
by applying to court TO nave viewers ap-
pointed TO condemn for the purpose and
assess damages for the private rights in
vOlged, providing such course would be
necesaitated by any unexpected opposition
from any Of the dozen or more property
owners through whose lots the sewer runs.
The expense Of such an undertaking would
fall very lightly on the borough,
ultimately as the burden Of same
could be properly placed on those
parties-the private sewer companies-
who now use tho creek as an outlet for their
sewerage, making it very often a speculative
source Of considerable revenue to them. On
account of a great number Of parties who
have these sewer privileges, the expense or
assessment would be a trihing consideration
individually. Had your honorable body
g|rappled the issue boldly, when Nc urged its
consideration, a great deal Of expense to our
taxpayers, on the final settlement of the
matter would, we think, have been spared.
The cost then would have been a t%riiei the
difficulty of securing the necessary rights on
concessions from the various property hold
ers, through whose lots the stream flows to
convert same into its actual one and we hope
ultimate functions public sewer-would
be comparatively easier, than when their
exact legal status shall be determined by the