The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-09-09
FLYNN'S WALL
TO COME DOWN.
This Has Been Decided BY the Board Of
Health.
THE HEALTH OFFICER INSTRUCTED
Mr.. Flynn is to Be Notified to Remove the
Obstruction within Five Days, Or
the Oncer VIII Have It
Pulled Down.

A special meeting of the Board of Health
was held in the Council Chamber last night
TO consider the status Of the Flynn stone wall
case under the recent decision of Judge
Lyon. of Juniata county. who dissolved the
injunction restraining the borough authori-
ties from tearing down the wall.
Only three members of the Board were
present, Messrs. Spalding, Morrison and Hol-
man, but as it formed a majority of the body
it was decided to proceed and try to determine
upon some definite course.
President Spalding read letter which
George J. WadlinRer, Esq, of Pottsville, sent
to his client, Mrs. Catherine Flynn who was
the plaintiff in the suit. In the letter Mr.
Wadlinger said that Judge Lyons decision
was encouragement to Mr. Flynn's stand in
the matter. He added that he did not think
the Borough Council would ATTEMPT TO tear
down the wall, but would adopt Judge
Lyons suggestion and run sewerage along
Centre street. After reading the letter Presi-
dent Spalding said the rules and regulations
gave the Board of Health full power to
compel sewerage. He added that he had
cOnyersed with Mr.. Flynn since the decision
and found him willing to do anything that
was right and which would protect his
interests
Health officer Conry made the statement
that Il visited the place on the top of the
hill to-day where the stream takes its course
through Baird's field and there was not a
drop of water coming from the top of the
hill-nothing is going at the present time at
Mr.. Flynn's place only refuse from out
houses. There is not even a mixture of good
water there"
By this time Borough Solicitor Pomeroy
arrived and he was asked for an opinion in
the case. This opened the most interesting
part of the meeting. Mr. Pomeroy said
SO far as l understand the law the duty for
looking after the public health of this bor-
ough is imposed upon the Board of Health.
If nuisance exists in the First ward it is
the duty Of the Board of Health to abate it.
l can only give yOu my general legal advice
as Borough SolicitOr-abate it,"
President Spalding: Our rules and regu-
lations don't lay down anything for a case of
this kind. We don't know how we are to
proceed"
Mr.. POmerOy II think, Mr.. Chairman, if
nuisance exists it is the duty of the Board
of Health to abate it. 1t is their business to
abate it,"
President Spalding 1T seems to me that
If we would attempt to tear down that wall
and flood the places Of other people then we
would only put them to the trouble of com
pelling the borough to sewer"
To this Solicitor Pomeroy replied ''You
have nothing to do with the borough The
Board of Health derives its power from the
same source the Borough Council does. You
get no power from the Borough Council
You get it from the Legislature, where the
Town Council gets its power. To ask me, or
auy other officer, how to abate the nuisance
will be to actually make me your official
whose duty it is to attend to it. So far as the
Flynn case is concerned, the court has de-
cided that, as far as the injunction is con
cerned, but Of course that does not dispose of
the Flynn case by any means. If he has
been injured he still has his remedy at law.
But the Board Of Health is responsible for
the preservation of the public health.
Whether they do it, or not-the question lies
with them. 1t seems to me, from all the
facts and circumstances, that it should re-
store the status quo by taking down that
wall and making full low of water in the !
passage it formerly occupied"
Mr.. Morrison, one of the members of the !
Board, arose at this point and said Mr. !
Chairman, the duties Of the Board of Health
are very plain, and seemed so to me all along
1t is very easy. Our duty Is principally,
where nuisances exist. to abate them, no
matter whore they are. If we cannot do
that, the best thing we can do is to pull
down our sign and put up one with this on:
The Board of Health has taken a vacation
until such time as the members will recover
sufficient moral courage to perform their
duty The court has decided that it is the
duty Of the Board of Health to abate that
nuisance. would like to have full house
here to take action on the matter"
President spaldipgI An the members
were notified"
Mr.. POmerOy' u might say further that l !
think there should be full meeting of the
Board Of Health tonight. The Board did
not cooperate with the Town Council eleven
months ago, when we wanted to take that
wall down. That nuisance was created by
the erection Of that wall and all the people |
in that neighborhood suffered by that wall. !
The decision of the court has determined |
that the erection of that wall was unauthor- |
lied and unlawful and refused to issue an in- |
junction against the borough to prevent it |
from taking the wal! down by force. Previ- |
Gus to the erection of that wall there was a |
nuisance, but il was only on private prop
erty. Take the wall down and let the water
20 through You might as we'll dam the
schuylkill and food the surrounding terri
tory"
Mr.. Holman, another member Of the Board |
then spoke. He said, There was a differ |
enoe Of opinion by great many people in |
this borough at that time. We all had our
own opinion. Now 1 don't see, If we had
dozen meetings, that anything else is left, !
only to proceed to make that way clear"
Mr.. Holman temporarily resumed his seat
and then arose and moved That the
Health Officer notify Mr.. Flynn to remove
that wall within five days and, if he does
not the Health Officer proceed to remove IT,
The motion was carried.
President Spalding said the Health Officer |
would serve the notice on Mr. Flynn to-day
and the time for the removal would expire |
next Tuesday. He also admonished the |
Health officer that, In doing the work. he |
must not employ anyone under indictment,
or who has violated the law of the land, and
none who are not citizens of the country.
The men must not be criminals, but good