The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1903-07-09
ANSWER FILED.
Counsel for Defendant in Al
legged Canal Nuisance, States
Reasons for Dismissal.
Case of General Concern.

III Tue equity proceedings IN
stituted a few weeks ago by Frank
H. Wilson, E. J. Brown, Paul L.
Writ, A. V. Hover, J. H. Coleman
R. R. Hartman, John w. Harman,
Wesley Shut, John +. Meyer, ].
II. Fahringer, H. R. Kahler, NJ.
II. Rhoads, Frank Kashner and P.
G. Miller regarding the alleged
nuisance OF the canal and for which
the Town of Bloomsbury is claimed
to be responsible, Fred 7. Ikeler
counsel for the defendant, yester-
day filed an answer.
In their answer the defendant
denies the third paragraph in the
bill in SO far as it charges the de-
fendant with "negligently leaving
an opening under said fill of about
fifteen inches square; which said
opening or drain fills up and be.
comes clogged and is inadequate for
the drainage of the water through
the same The defendant also
denies as alleged in the third para
graph THAT said defendant within
the time alleged has constructed
surface drains at Catharine and
Cherry streets.
The defendant denies the allega-
ton of the plaintiff that the town
has permitted cess pools and privy
vaults to be emptied and discharged
into the canal at points between
Poplar and Iron streets and has also
permitted the refuse and filth from
hog pens located along properties
between Poplar and Iron streets to
drain into the canal.
The defendant further denies
that it has adopted the canal or
ditch as part Of its general system
of drainage.
1t denies that the authorities of
town have, Notwithstanding the
complaints, neglected and refused
and still neglect and refuse to prop
ely construct drains to carry off
the water but on the contrary have
constructed additional drains into
the canal.
To the contrary of all the plain
tiffs' averments, the Defendant
AYERS as follows, asking for dismiss
sal Of the case;
THAT all the water now emptied
by the defendant into said canal
was formerly deposited therein at
what is now the foot of Iron street
by an open water course leading
from the property now of Harman &
Hassert andthe Bloomsbury Car
Manufacturing Company, across
East street (by culvert) then by
open ditch to foot of Iron street
into said canal.
"That this was the natural course
of the surface drainage of the Town
of Bloomsbury, and had been since
its earliest foundation more than
fifty years prior thereto.
THAT on or about the year 1888
the Town of Bloomsbury, in order
to abate certain nuisances caused by
the aforesaid open watercourse, and
to take the place thereof, construct
ed an underground drain, for sur
face water, discharging into said
canal at Cherry street, and about
SIX or seven years ago, for like
reason. constructed a similar drain
discharging into said canal at Cath
arine street.
"That none of the water deposit
ed as aforesaid remains, or stands
in said ditch or canal and becomes
stagnant, nor is any of said water
prevented from flowing off by reason
of any obstruction placed in said
canal at Market or Catharine streets;
but on the other hand, from Cath
arine street to point near the east
ern limits Of said Town, where it
is discharged into flowing stream
known as 'Kinney's Run, without
causing or creating any of the nuis-
ances complained CT in Plaintiff S
bill.
"That in order to be absolutely
certain that none of the water de-
posted in said canal by the defend
ant, can be blocked or retarded by
any alleged deficiency in the open
ings under Catharine or Market
streets, the defendant has lately
caused to be constructed across said
canal, at point west of the Cath
arine street drain but east of the
opening under Market street, All
embankment or DAM"