The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-10-15
The Gas Works Case Decided ,
The Award of the Arbitra'
tors Confirmed.
The City's Right to the Gas
Works Guaranteed.
decision of the Supreme Court.

=, the Wheeling Gas Company agains
,bs CITY Of Wheeling, Judge Maxwell
,,.I;y.red the following opinion con
6,mipg the award Of the arbitrators
Tne Wheeling Gas Company
-. r,,v Of Wheeiin. and Others.
The question as to whether the Ga:
c,mp,ny might proceed to obtain relief
Sv 6c ,c1rranto or information in
Hs,urs Of quo Carranto made by coun'
= for the city does not arise In this
csse. ,,. :.
This is a proceeding or bill in equity
q. 10 Jurisdiction the only question
,or this Court to determine is whether
A, NOT in the pleadings aud proofs a
r-oper case is made for relief in a court
Of equity.
he first point made by the counsel
hr the Gas Company, IS that the case,
on the pleaiings and proofs, is proper
one for relief in equity
There was demurrer filed by the
,;,y 10 the bill for the alleged reason
rbst there is no equity therein. This
iyuurrer is in the answer of the city,
by, VAS never acted on by the Court.
When the case was decided it was
heard on the bill and papers filed as
exhibits, answers of defendants, repli-
.s.ons fIei, agreements and deposi-
AHs taken in the cause.
The fourth section Of chapter l0S OF
the Cole, p. $50, provides that no a ward
made under the provisions Of said chap
Ter shall be set aside, except for errors
spparent on its face, unless it appear to
hsye been procured by corruption, mis-
,sSe or other undue means, or that
there was partiality or misbehavior in
the srbtrators, or any Of them. But
tho section shall not be construed TO
sse away the power of courts OF equity
over awards.
This chapter does not apply to awards
ualess they are made under its pro-
visions, and it is expressly provided that
,ltnOugh made under It's provisions, the
poser Of courts Of equity over them
snail not be taken away.
Courts of equity have always had and
1arcsei jurIs fiction to interfere to set
ssile awards for fraud, accident, pai-
astv, misconduct or mistake OF the
srbitrators, e Story's Ell. Ju., Sl45l,
1927
Tue bill in this case does not charge
snv iraud, accident or mistake.
There is an effort in tie bill TO charge
N;Lare, one OF the arbitrators, with
priality and misconduct.
The b,ll, after stating that the city OF
Wheeling appointed John McLure as
one Of the arb orators charges: Before
appointing John McLure as such arbi-
trslor the Council OF the city Of Wheel
iDg knew that he had openly declared
hat in bis opinion the property OF the
paintf, exclusive OF the franchises o.
the chsrter and the dividends and
and profits accruing TO the stockholders,
Vas not worth exceeding the sum OF
S'tv thousand dollars"
Then, after making some statements
in reference to the making of the award
and denying its sutficiency when made,
toe bill proceeds: And the said plain
4 further insists that the said John
NcLure, bv reason of his having form
ei snd expressed the deliberate opinion
before mentioned, as to the value OF the
NePerJy Of the company, before his ap
continent as such arbitrator, was ut
;s'ly Incompetent as an arbitrator, and
snv ayari slgned bv him was utterly
alII and VOID"
The plaintiff alleges and charges tc
he true, that throughout the investlga'
ton and deliberations Of the arbitrators
the saii John McLure acted as the ad'
'lssF and partisan OF the city OF Wheel
n9ln the procurement OF testimony,
The examination and cross examination
oI Witnesses, the expression OF his Opln
on s. to the value OF different pertionI
o. the property of the plaintiff, and th'
'eGaratOn Of his unwillingness to hea
or believe the opinions and Judgment
V The plaintiffs witnesses, as to tn,
Asa value Of its property before saic
A'ne'ses were sworn or examined, 70
le reason that the witnesses wer,
socSholders and directors of the com
Ps1y.'
10 respect to the averment that Nc
Laie, before his appointment as arbi
Tacr, had expressed his opinion as t.
VI %e value OF the property, and that tn
.odncll OF the city of Wheeling kney
i; nothing need be said, because it i
adn'ted that there is no evidence i
.1s record to show that if any sue
T.@ SMnio3 ION had been expressed by him, th
Ivy Council, or any member Of il
A'sw anything of it.
70. morse on Arbitration and Aware
,29' ,' Conrad ". Massasoit Ins. Co.,
Allen, 20
.ne charge that throughout the il
Ngalion and deliberations of tn
duration, the said John McLur
..sa ., as the adviser and partisan OF tn
ot Wy Of Wheeling in the procuremel
T9 Te9S'lmony, &c., is more serious.
n Ike Jurors impanelled for the tris
,., cause or judges on the bench arb
.nt ors are invested, as to the cas-
Goo united to them, with judicial funt
rsTs ' Inc righttul discharge of whic
.nin. a 'or and presupposes the most al
., u'e , ,impartiality. And a judge, jurt
-. arbitrator should not only posses
bs e quality of impartiality in fact ar
cs"o e Inc conscience of it in the give
sS" I he should moreover seduous
STa In all the possibilities even of inse
s,b;, olss. And though, therefor
'fasers n,. be nominated one by eae
ibssys by still they are lot to cousid
n.,,i niseiVes as representing separa
sidal idaeS, and the advocates of opposi
t,n..' ' out as called on to execute a joi
t,as and to look impartially at Il
erIs Of the matter submitted