The citizen. (Honesdale, Pa.) 1908-1914, 1911-12-20
CHAS. {. BROWN
ST|RS THINGS UP
In Texas Township and
Gets Arrested
SUPERVISORS ALLEGE THAT
CONTRACTOR BROWN CUT WA
TER BARS, BLOCKED WATER
IN DITCH, AND LET WATER
RUN FULL LENGTH OF ROAD
HEARING HELD.

Contractor Charles C. Brown, of
Cliff street, Texas township, was ar
rested Friday afternoon by Constable
Philip F. Mang, on complaint of the
supervisors of Texas township who
charged him with stopping, filling
up and injuring certain drains or
bitches and diverting and changing
the course of the water in such
bitches made by the Supervisors to
drain the public road or highway in
Texas township" and taken before
Squire Robert A. Smith for a pre-
| liminary hearing.
The suit was instituted by the
Board OF Supervisors of Texas town.
ship, consisting of Messrs. Lawrence
Weidner, George Erik and Ray
Brown, who re-organized last Mon
day night by electing Street Com
missioner Lawrence Weidner, Presi-
dent, when they decided to COM
mence proceedings against Mr..
Brown.
Mr. Brown, it appears, has built
new house, and it is alleged that
he turned the water off on the main
road. Supervisor Weidner told a
Citizen man that Mr.. Brown cut four
water bars, blocking the water and
letting the water run down the full
length of the road.
Attorney William H. Lee, who ap-
peared for the defendant, opened
the hearing by asking Mayor Chas.
A. McCarty, solicitor for the Board
of Supervisors of Texas township
who represented the prosecutor:
Now, Mr.. McCarty, will you pro-
duce the Act of 1886 under which
this charge is brought"
Squire Smith remarked that that
act was beyond his jurisdiction, and
| Mayor McCarty stated that the Act in
question could be found in the
Pamphlet Laws of 1886 at page
565.
Attorney Lee wanted to know
whether the Act provided for the re
covery of penalties for stopping
filling up or injuring any ditch al
claimed by the supervisors of Texa!
J cient one, and Attorney Lee had Il
make two trips to the Law Library
} before he succeeded in finding the
slumbering statute on the pages O.
musty sheep-bound book. This il
the Act:
Act of June 13, 1886.
: IL any pSISOn snail SUPP
fill up or injure any drain or
ditch, made by any supervisors
for the purpose of draining the
water from any public road or
highway, or shall divert or
change the course thereof with
; out the authority of the super
visors for the time being, such
: person shall for every such Of
fense forfeit and pay a sum not
less than $4 nor more than
500"
Mr.. McCarty wanted to knoI
whether Mr.. Brown filled up tn
, bitches so they couldn't drain tn
) road.
{" Ies, sir" emphatically replie
+ Mr.. Brown, al shut them, up be
tween the main part of the road an
: my line wall"
, The penalty according to Mr.. Nc
Carly for any such offense is no
less than $4 nor more than 500.
! Well, I'll be satisfied to go righ
Z into court" exclaimed Mr.. Brown.
. Isn't your proper action suit?
E asked Lawyer Lee.
a It's partly a criminal offense,
/. replied Mayor McCarty.
: Mr.. Justice" said Mr.. Lee, ''I'
like an opportunity to examine tn
Law on the subject"
i drained the ditch to keep tn
y water out of my cellar" broke
: Mr.. Brown.
n think we have a right to b
n heard now" persisted Mr.. McCart,
y who objected to Mr.. Lees drawing
|, picture of the local situation, show
e ing the road, line wall and offent
ing ditch.