The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-10-07
C0UNCI1MEN
IN SESSION !
Considerable Important Business Dis
posed of Last Night.
WATER CONNECTION AGREED TO.
Important Developments Concerning Tax
Duplicates Mrs. Mellet Brings Suit
to Have Her Name Stricken Prom
a Bond Delay in the First
Ward Creek Matter.

A regular meeting of the Borough Council
was held last night with the following mem
bers in attendance Messrs. Mcclure, Coax
ley, Murphy, Straughn, Boehm Shoemaker,
Neiswender, Magargle, Harkins, Bell, Lally,
Hand, James, Englert and Brennan.
Mr.. II. j. Higgins as one of the bondsmen
on Tax Collector Scanlau's duplicate Of 1894,
asked that the bond be marked satisfied on
record, as the duplicate has been settled
Mr.. Higgins also asked that Council do
something to prevent surface water from
flowing upon property on North White
street, in which he is interested The latter
subject was referred to the survey committee
to ascertain the proper grade of the street.
The Chief Burgess asked that Council place
grade stones on West Lloyd street and that
the street committee view Catherine street.
He has notified property owners on the latter
street to put in cutters, but it has been dis
covered that tie street has not been filled &C
cOrding to the grade stone at the corner of
Oak and Catherine streets He also asked
that West May berry alley be given a grade,
or some suitable drainage be provided. The
matters were referred to the street and survey
committees.
The Chief Burgess and Health Officer ere
instructed to put in necessary pipes on West
Centre street and proceed to have the much
talked.o of nuisance in the Fifth ward abated.
The attention of the street committee was
called to q culvert under the Pennsylvania
Railroad bridge, which makes driving there
dangerous.
The committee reported that it put in sew
eral traps, in accordance with instructions OF
Council, at a cost of $50 each. The committee
asked for.an extra appropriation, as its fund,
are exhausted. Their appropriations was
was increased 81 600, taken from incidentals
President McGuire stated that he had been
notified to put pavement in front of his
property ON West Line street. He said he
was willing 20 have the work done, but there
are no crossings or guttors there and as soon
as the borough does its work he will do his
1t was decided that the street committee have
the crossings and cutters put in
The cleaning of the First ward creek was
again taken up and bids for the work were
read. Jesse b. Davis bid 81, ,45O and p. J
| Cleary 81 $50.
1t will be remembered that the =. & X
G. & |. Co. figured that the work could be
done for from $500 to 5000, and that company
and the Thomas Coal Company agreed to
pay one third of that expense.
committee be instructed to give the contract
to the lowest bidder. This motion was de-
teated on account of the excess of the bid
over the estimate made by the companies.
1t was then moved that the matter be re-
ferred back to the p. q K. c. & |. Co. with a
request that the company do the work and
the assurance that the borough will pay its
pro rata share of the estimate of 5000.
TtNnf Nnfifh a r..
Magarge moved that the two companies be
asked if they will each pay one-third of the
lowest bid. If So Council will award tn,
contract and pay the other third. If not
that the companies proceed to do the work
on their 5000 basis and Council will pay it,
pro rata share. In case the borough i.
authorized to award the contract, the con
tractor will be required to furnish bond fol
double the amount of the bid. This motion
was carried.
The finance committee presented Tax
Collector Burke's exonerations for 1897 and
they were referred to the COuncilmen of the
respective wards, as well as Mr.. Scanlan'.
additional exoneration lists. Mr.. Burk,
promised to pay 5000 into the borough
treasury to-day.
The treasurer's September report was a
follows: Balance on hand at last report
81, ,3O2 81. Receipts, Collector Burke, 81, 1893 90
NJ. j. Scanlan, s557; same, $6l,46; Waite
Superintendent, s7l5 Chief Burgess, $50
j. W. Bell, tl2 total, 50, S9l.S6. Disburse
ments, orders paid, S2,255.92; coupons paid
$40; interest on loan, (paid by Seaman
SOL .46. Balance on hand, 81 ,534.1S.
The request Of Mr.. Higgins to have tn,
tax bond of 1894 cancelled of record wai
taken up and motion made that the request
be granted.
The motion was opposed on the grount
that there was legal technicality involved
inasmuch as the bOndsmen on Mr.. Scan
lan's other bonds had raised the point tina
Mr.. Scanlan had used collections made OF
the 1895 and 1896 tax duplicates in settling
the 1894 duplicate, and that, therefore, the!
= would ask to be exempted from liability t,
the amount that had been so applied. Tn,
members opposing the motion claimed tina
the 1894 bond should not be cancelled unit
the borough's position in the matter is defin
itely settled.
Finally it was decided that the question b
laid on the table until Council can take nor
intelligent action on it,
) The finance committee submitted the fol
r lowing opinion by Borough Solicitor Burke
4 and it was filed:
+ Replying to the inquiry made by you
finance committee through you as 10 whethe
the Collector of Taxes is entitled TO com
mission on abatements allowed by law to tn
taxpayer for prompt payment, desire to sa
that he is not entitled to such commission; h
is no more entitled to such commission tina
he would be to Y commission ON exoneratiOns
Commissions are payable only ON moneys tina
actually come into the Tax Collectors hands
, Judge Wickham so ruled in the case of Com
= mOnweqlth vs. Scott, case arising in Beave
) county. See Z Penna. County Court Reports
, D. 400. There are other decisions on thi
subject, and they are all TO the same effect.
John O'Neill, OF Turkey Run, Miss Ellel
Stack and George Godfrey were recommendet
for exoneration from taxes. The cases wer
= referred to the Finance Committee.
3 The Fire Apparatus committee, through
! Mr.. Englert, said the new hose had arrived
: and the committee proposed to take some o
it to the water pumping station at Brandon
WILL to have proper force for test. Counci
decided that the test be made by the usua
method in town.
The street committee was instructed TO at
tend TO defective crossings at the corner o
Centre and White streets and corner of Mali
and Centre streets.
Borough Solicitor Burke stated that Mrs
Mary Mellet has applied and secured from
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