The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-01-14

Editors Of the Register:
lam glad to observe that the Intsli
gerca seems disposed to discuss 9TH
Gas Question" with somewhat NOR
courtesy and apparent intention Of fair
ness than it has heretofore displayed
For this much we are duly thankful
for the Company is quite sure tina
when the prejudices which have been
excited against them are allayed; when
the public is no longer taught to look
upon them as swindlers and as svari
cious. stony hearted men. grinding the
faces of theipoor and extorting from the
people Of Wheeling what they have not
fairly earned; the Gas Company can
rely upon the good sense and justice OF
the spnblic to give them a fair hearing
and make an impartial award.
The =. City Councils are about
to take an important step. 1t
should not be done hastily under the
influence of malicious misrepresenta-
ton, nor without careful and dispas.
sionate investigation Of both sides OF
the case. We want only candor and
fairness and are confident that the posi-,
ton We assume will be approved by all
who give it impartial consideration.
The Inteligencer admits that it will
be better for the interests OF the people
Of the city to permit the gas works 10
be controlled by q private corporation
than by municipal authority, and states
that after certain things have been done,
it will favor the immediate sale Of
the Gas Works to any private company
and would agree that the present Com
pany shall buy them back at the price
sold Tor, if they wish" So, all the ar,
gument in favor Of municipal control
is abandoned, and the bright vision
which had been conjured up before
the delighted eyes of hungry host Of
expectant ofice-holders is rudely
snatched away. In fact. have good
reason to believe, and the public should
know, that all of this clamor about the
purchase of the Gas Works by the city
means simply the transfer Of the Works
from the present company to another,
which, if not already organized, is now
making arrangements to do so. The
ordinance now being considered by the
City Council for the issue of city bonds
for the purchase Of the Gas Works will
make this transfer easy. The bonds
are to be secured by deed of trust upon
the property, and "the surplus revenue
accruing from the Gas Works Of said
city shall alone be applicable to the re-
demp,ion of the principal and interest
Of this loan" Well. now, what will be
the consequence Half dozen gen.
tlemen who kno,o that, under city man.
agement "the surplus revenue ACQUIRING
from the gas work." will not nearly be
sufficient TO pay the interest upon these
bonds, Especially if the price of gas is
reduced to 81. % or less, as is sagely pro-
posed form ring" and buy the bonds.
At the expiration Of six months they
demand their interest. 1t cannot be
paid, and they "gobble up the Gas
Works. Nothing could be easier-the
whole thing will work like a charm.
The city will have gained nothing, but
a new Gas Company will run the ma,
chine.
Right he-e, however, it may be pre-.
per to suggest a legal question. Will
the city have Alright to sell the fran
chise given by the charter Of the Wheel
ing Gas Company, after the purchase
has been effected? The charter pro-
vides for the sale OF the property
of the Company to the city ito
be thereafter held, used and enjoyed by
said city for the benefit Of the inhab
itants thereof. Upon said purchase
being made as aforesaid this charter,
together with all the franchises, rights
and privileges granted or intended to
be granted under it, shall be vested in
the said city Of Wheeling for the com
mon benefit of the Inhabitants thereof.
1t is certainly questionable whether the
franchises granted by the charter car
be sold to any one. | would refer the
question to the lawyer () OF the Intel
Hgencer, whose grave assertion that nc
contract made between the Gas Com
pany and the city can have any valid
ity, contains something more than 6
mere "tinqe of the ludicrous." Accord
ing to my understanding Of the term.
employed in the charter there are
but two parties who can hole
the exclusive privileges therein con
veyed. First, the Wheeling Gas Com
pany, and, secondly, the city of Wheel
ing. The city, Of course, could sell t.
any person the machinery, real estate
&C., which it may purchase from TIT
Gas Company, but it cannot convey t.
any third party the exclusive privilege
of manufacturing gas as guaranteed ii
the present charter.
But the assumption Of the Intel
Eqencer that no contract made between
the city and the Gas Company is valiC
or can be enforced at law is absurd
Every corporate body is empowered t
make contracts and be contracted with
to sue and be sued; and generally to d.
such legal acts pertaining to the par
ticular business for the prosecution o
which the corporation was formed
as an individual may do. !
the Wheeling Gas Compan,
should agree to furnish gas 10 both pub
lie and private consumers at $l.0O. o.
any other price, per thousand feet the
contract could be easily enforced.
am surprised that the Editor of the In
teHgencer has made so glaring blum
der as to assert the contrary.
One of the most common assertions IL
relation to the business Of the Gas Com
pany is that the price paid for gas by
private consumers is too high, and the
Ly,H,,,rer noints IN Pittsburc. where