Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1846-04-18
NUMBER 80.
CITY COUNCIL.

this subject IL presumed the nature OF the vo,.
taken, conclusive, that II the City lighted .t all
Is to DO lighted by gas. The question submitted to the
voters vas, "as lighting the City with gas al fAs psble
s1PeHse" Some have been disposed regard the
OF the voters. being expressed also. upon the mode e
teeung the obec that say. that the work should be
nblshed by the direct application the funds Of the City,
and not by the Intervention OF JOINT stock company And
ms Interpretation Is undoubtedly strengthened by the fact
mat The measure OF submitting the question the people
was adopted IN consequence Of the total failure in the
tempt TO get the stock taken under the granted by
the late Generel Assembly, for lighting The city with gas.
As however, your Committee entirely agree, that ease
the CoHseI shall determine iskf the CITY pus gas IL
shall be done with the public funds by Company
they have thought necessary 10 enquire into the rus
tee OF this Interpretation OF the vote.
Three modes Of carrying effect the object in view
have been suggested: first Joint stock company with
capital OF 100000 with the privilege OF extending to
S2oOOoO IN this company, the City TO have the privilege
OF subscribing $4,000 and It understood num-
Der OF public lights will be tskenirom $50 2O0-at sn
annual charge ont the Civ OF $50 eachfrom a. 500
to S6,OOO per annum And this scheme, If approved BY
the City, can no doubt GO effect daely with this
single pr0vso however, that the taking the remain
der OF the stock, shall hare the for erecting the
rork' without the Competition OF bidders upon
bly, and vaguely stated estimates all however in the opn-
ion VI the Committee, too high by much ia obvious that
this Is plan TO build the works upon the funds and credit
OF the City; certainly the City would better indebted to
the capital OF the stockholders, when ceain income of
S@OOO or $4,000 is guaranteed to them from the City reve-
nue., and 4 contribution OF $4,000 in capital
The second scheme in substance same and coming
IN some measure not altogether from the sources
II dispenses with the contribution of $4,000 from the
City iunds and relies merely understanding express
ed implied, and to be depended on that certain number
OF public lights will be taken certain cost say 200 At
$50 each, making $1,000. We see no real or sub
s'annaI distinction between engagement the CITY to
pay $4,000, annum, for light this Company and to
pay the same to interest bonds II very certain that
on such engagement of the City, the Company would be
aoe 10 IA sc the money though perhaps, sacrifice
and 1t not unlikely that period sooner or latter
this annual and perhaps increasing charge mig assume
the shape Of diyisibe and transferable debt We be-
h0fh fhRar rnap,a l.. =
dit OF the City, for which shall by no means receive
the returns by the third plan recently reported 10
the Council TO wit TO undertake the work by the City it.
self without disguise and by the direct application of it,
own funds.
The Chairman of the Committee differing from the ma
Io'iy OF the Committee on this question: is instructed
report the following Resolution:
Resolved That in the opinion Of this Committee tho
vote on the question OF light invited by the Council
has resulted in favour Of Light and that the Council should
now take measures for Lighting the City with gas.
In Of the adoption Of the above resolution the
Committee recommend the adoption Of the following re,o-
luton
Resolved That this Committee be authorized n so-
cate with themselves three citizens members of the
Council, TO wit James Bosher 5. s. Myens and q
hobson, whose duty shall be report plan for lighting
the city, in general conformity with plan lately submit,
ted TO the Council, by its Committee on this subject and
and to propose the best mode Of meeting the expense OF
the undertaking.
The foregoing report having been read the following was
submitted by Mr. Heath. n substitute therefor
There is principle Of Law better settled than that IN.
powers which be legally exercisedby Corpornon ara
limited by the express Of the Charter which confrs
them The history OF the Corporate Legislation Of Rich
mond Is an illustrative example the truth of this Legal
principle The first charter so defective that WHEN
wealth and population advanced, found necessary
10 make repeated applications TO the State Legislature
enlarge Its powers, IN the minute particulars Bete
The grant OF the Charter in force u was ac noyled
ed that there was no legal right in the City, subscribe 10
the Stock OF the James River and Kanavba Comnapv
whose success It universally believed would be con-
dueve to our Interests and prosperity Accordingly IL
was deemed indispensable apply the Supreme Legs
atve authority, Tor permission subscribe TO the S,oeL
and without that permission the subscription could not have
been made If any power in the Corporation could have
been conceived, as obviously and necessarily existing IL
would have been the right supply with
that important element Of health and comfort pure water
And yet respectful the then authorities of les,
restain that they determined first apply the LesS
azure Tor leave 10 erect the Water orks and enact
sueh ordinances as necessary protect them from in
Jury, and the citizens abundant snDoly q, -
ter Neither the original charter, the amendaory sc
gave any such authority, aad therefore, essential To-
obtain from the Legislature special enactment on tba
subject Have the Council power under the new Charter
10 erect gas works at the sole expense Of the CoTporaonl
The charter defines specifically the rights and poweu
OF the Corporation IN all its departments Executive Judi
eia and Legislative. The Council being the Legislative
branch are authorized TO exercise great variety Of pow.
ers some OF importance and others OF comparative ns
nhcanee They may provide suitable build no. 10 be nsea
as Markets, Jas Hospitals Poor and Wa,k Hoaes ,,h
hsh wharves extend and widen see authorize burying
grounds suppress nusances and do many other things n
eessary to the webeing Of the City but there Is not one
syllable In The Charter 10 authorize erection of Gas
WORKS to supply The citizens with light, do which in
SoNes the important subsidiary powers Of condemnng
land, opening the highways OF the CITY for LAYING down
PPes borrowing money and taxing the inhabanis TO e
iect the OBJECT The clause in the Charter winch defines
the taxing power Is conclusive this subject The 5Oth
Steuon declares that The Council shall have authority to
levy and collect annual the male ttbeabes and
on the property real or personal, within the said City,
Jor hs eLsegs= Of GH Of the pstcers herein Kpsn
tAem" The inevitable conclusion IS that the Council
have no right authority levy ono dollar OF tar upon
the hheabes or property OF the City, which not neess
afy to carry uo effect some OF The powers expressly
eOnhded to them.
Il is true tina, there in the S9h section of the charter.
dehnng TIE power Of the Council the streets an s1
pressoa consisting Of two words, which would seem with
ost examination conflict with foregoing views In
oRe part OF the section referred declared that the
Guy may graduate the streets, and may them 10
Kept open ana IN good repair and DTOperly sbtsd
and u Is not Denied that the Council may IN liz diseetop
auhorse lamp posts to be erected suitable parts of the
Guy Tor the purpose Oi ghhag the streets But surely
cannot he eonteRded that under this simple anthny
tho vastly superior implied power can be sdmitt.d ~
e'eeung gigantic establishment perhaps At an enormous
cost followed too m It's execution by O other pow
es not Tor the mere purpose OF lighting The streets hut for
The greater purpose Of supplying gas 10 Inc etzsn. an ,hs
dwellings az stipulated price this be So then are the
powers OF the Council bouDdless and uncomfortable They
may undertake amost aRy thing, which human ingenuity
can suggest They may purchase farms and ests. and
supply the cnEcns With the produce Of the dairy. They
nay purchase water and manufacturing mills
2f ne purpose Of furnishing the inhabitants with bread
They may do almost sny and every thing which IN her
wisdom hey may think conducive 10 the comfrt 81 the
people The Legislature oOad have designed 20
make the corporation great monopost with power 20 in
terere IN the general pursais Of The eihHens
BOT even the usht Of the city gas works under
us present Charter was clear and undennbe which GER
AMY aot ne case, IL would nevertheless be highly in
eRPedentt TO exercise the power the present tune Il -
not TO be denied that the city FOR B sire population add
resources y deeply involved IN debt is funded debt
amounts 70 SIOOOOO, and ~ floating debt has increased
very considerably IN consequence q recent appropriations
which the Council have deemed IL necessary 20 mske The
annual aSes necessary 10 pay the interest the public
ueo' apa deiray ordinary expenses. already burden
some 70 our citizens, and much increased might have
me eaamitous effect Of depressing The value q property
and diving on population. II also or other reasons
worthy u serious ehscon, whether the present - NOT an
aauspioous period for Increasing debt snd Liabilities
There are ieW intelligent fcrsons who do sdmii that
the siae u our national affairs critical To say nothing
Of The probabilities u war there msny ssgsciOus OBJ
servcfs who believe, that now m progreas
which may produce wide spread embarrassment IN our
money concerns. few months. even q years delay
viii enable Us better % discern the condition q ihngs and
espccaty the prospects ior The future. Richmond has
been Incorporated more Than kunfraH ya.r..