The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-11-08
CONTRACT AWARDED.
The Board of Health Chnohes the Creek
Matter,

The Board of Health Clinches the Creek
Matter.
The steps to abate the much-talked-of
First ward creek nuisance have at last
assumed definite shape The contract for
the work has been signed and the operations
will be started tomorrow morning.
special meeting OF the Borough Council
was called for last night, with the evident
intention of resembling the motion by which
the matter was turned over into the hands of
the Board Of Health, but it was impossible to
get a sufficient number of Councilmeu to-
gether at one time 60 make a quorum. Sew
eral of them waited i'm the Council room for
the arrival of others and then went away.
Those they had waited for then appeared and
they, too departed after waiting for the re-
turn of the others.
While the Council room was vacated the
Board of Health took possession Of it. There
were in attendance Messrs. Spalding. Holman,
Malone and Morrison, members of the Board,
Health Officer COnry, Borough Solicitor
Burke, j. J. and r. f. Bradigan. In the
absence of Secretary Curtin, w. j. Watkins
was selected to fill the position for the even
ing. After the meeting opened Councilmen
Mcclure Brennan, Murphy, Magargle and
Neswenter appeared and took seats as
spectators at the rear of the room, as there
were not sufficient of their members present
to hold a meeting.
Health Officer Conry stated that he served
| a notice ON the representative of the Thomas
Coal Company to proceed and abate the
nuisance at the 5000 estimate made by the
| compauys engineer, and received a reply
that the company would not undertake the
work at that figure, and that there was nc
authority to promise more than the com
pany's original offer of 5000 towards the
work.
The contract of J. j. Bradigan and hi,
| bond in the sum of S3,0O0 with three
sureties, were presented and read.
Upon request of the president as t.
whether the Board of Health had authority
under all the circumstances to proceed in tn,
matter, Solicitor Burke said thatif the BOarC
( did not have a legal right to abate the nus
| ance he would say so. The laws are yer!
plain 1t is the duty of the Health Officer t.
do it after the place has been declared
public nuisance.
President Spalding said there WAS no in
tention to have conflict with the Borougl
Council, but the Board was not obliged t
abate the nuisance in any particular way tn
Council might desire.
Mr. Holman said that. as there were som
| Councilmen present, it might be well to hea
them.
Mr. Mcclure, president of Council, said h
had nothing to say for himself on the subieC
! except that he received n written request froT
! five members of Council to call specia meet
ing to take action on the creek matter an
| he granted the request, but did not know tn
real object of the call. lie said, however
that when the matter was turned over to tn
Board of Health, it was the intention q
! Council that the contract be awarded to tn
lowest bidder before Council.
Upon request for further information
Solicitor Burke stated that the Board @
Health could proceed to execute the paper
before it. That the question simply resolve
itself down to this: That even if Council ha
never done anything in the matter, tn
Board of Health could proceed and compe
the Borough Council to pay its share of tn
expense incurred in abating the nuisance.
Mr.. Neiswenter stated that some of tn
COuncilmen were sore towards Mr.. COnry fO
not taking Mr.. Bradigan's bid before the las
meeting of Council He said they believe
Mr.. Conry had the bid in his pocket an
should have presented it. That was I'll
cause of the soreness between Council an
the Board of Health.
Mr.. Conry denied that he had the bi
when the Council meeting was held.
Mr. Malone said he did not think IL
Board Of Health had any right to recei'
proposals until after the matter was referre
to it by Council, and Furthermore, anoth'
bidder was given preference to do the woI
for less money and declined to do it.
, Upon motion of Mr.. Holman, seconded
Mr.. Morrison, the officers of the Board we
instructed to execute the contract with NJ
Bradigan. This was done and Mr.. Bradigs
furnished his bond with MesSrs. MauIi
Morrison, T. F. Bradigan and j. j. Franz
as sureties This concluded the business
the evening" and the Board adjourned.
A one year guarantee accompanies eve
. | Nntrh rnnni rcd at Drkinls 100 = Mnin strpt