The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-12-07
CITY COUNCIL.



Crawford, Howell, Hazlett, List, Logan,
Lancaster, McAdams, o'Brlen, Phillips,
Steger, Porter Smith, ]. G. Smith, Simp.
son, Salisbury, ToliVar, Ylewlg, Water.
house and Forbes (president)
In the absence Of the Clerk Mr.. Dana
L. Hubbard acted as Clerk, and Of his re.
quest the Chairman oil the RSilroad Com.
mittee proceeded TO read the ordinance
making a subscription TO the Bridge Com.
pany.
Mr.. Altmyer moved that the ordinance
making q subscription 10 the W. & L. e.
Railway Company be read frat. This was
resisted BY MIR, 0Brien, who went into q
rambling speech on the general question.
He was replied TO by DR.. Logan, who sup.
ported Mr., Altmyer's motion.
The vote on Mr.. Altmeyer's motion re.
suited:
Yeas-Messrs. Altmeyer, Caldwell, o.
]. Crawford, Hazlett, List, Logan, Ian
caster, Long, McAdams. Phillips, steger,
j. 9. smith, Simpson, Shepherd, Viewig
and WRterhouse.
Nays-Messrs. Baird, Clator, Howell,
O'Brien, Porter Smith, Salisbury, Tolivar,
Forbes, (Presldent)
30 the motion prevailed and the read.
Ing OF the ordinance proceeded.
Mr. Baird moved TO fill the first blank
for commissioners with the names Of Geo.
Adams and J. F. Updegraff,
Dir. Simpson moved as substitute that
there be five commissioners.
MIR. Hazlett offered as an amendment
that they be selected by ballot, one at a
time.
Mr.. Simpsons motion was decided to
be lost, and motion by Mr.. Forbes to
have three commissioners was agreed to,
and the matter Of filling the blanks with
the names was passed BY Tor the present.
In the next section MIR. Clator moved
that the company be required IN have
SHOPS as well as depots, &c. Agreed to.
Mr.. AltmeYer offered the following as
an amendment to the first section
"Said subscription Of 100000 shall be
retained in hands oil Commissioners and
only be paid out by them In part pay
msnt Of the subscription OF 100000 TO
be made by said W. s. l.. E. Railway
Company to the capital stock of the W.
Il 0. y. Railroad Company hereinafter
required"
It was explained that this was a substi.
tute for that clause which provided that
the subscription should be expended on
the part Of the road between this city and
the Pan Handle road, so that II the sub
stitute were adopted the money would be
expended on the bridge instead Of on the
road. A lengthy debate followed, the
substitute being advocated by Messrs. Alt
myeI, Logan and HazIett and opposed by
Messrs. OBrien, Baird, Forbes and ]. 6.
Smith.
The vote was finally taken and the sub.
stitute adopted by the. following vote:
Yeas-Messrs. Altmyer, Caldwell, o. ].
Crawford, Hobbs, Hazlett, List, Logan,
Lancaster, McAdams, steger, Simpson,
Sheppard, Viewig aud Waterhouse-14.
Nays-Messrs. Baird, Clator, Howell,
Hammer, Long, 0'Brien, Phillips, ]. G..
Smith, Porter Smith, Salisbury, Tolivar
and Forbes-12.
Dir. List offered an amendment 10 make
the third section in regard to the manner
Of paying over the bonds conform to the
Altmye amendment in the first, leaving in
the provision that the company preferred
the bonds should be sold by the Commits.
sioners for what they would bring.
Mr.. Smith moved 10 amend the substi.
tute by striking out the proviso that
would allow the bonds to be sold for less
than par. Both agreed TO.
Mr.. Smith moved to strike out "seven"
as the rate of interest and substitute "six."
Rejected.
Council then returned to the matter of
filing the blank in the first section with
the names OF three Commissioners,
Messrs. ]. F. Updegraf, George Adams,
Benz. Fisher, VIM. Bailey and A. ]. Pan.
nell were proposed.
Messrs, Adams, Updegraf and Fisher,
were chosen. The ordinance was then
read the third time and passed without a
Call Of the roll, the whole thing being
done in very hasty manner. Few mem.
bers appeared to understand that they
were voting on the final passage Of the
ordinance and only two or three "ayes"
were audible.
The ordinance making a subscription
to the Bridge Company was then taken up.
The provisO allowing the bonds to be sold
for less than par was stricken out. The
same Commissioners az In the railway Or
dinance were put in the appropriate
blank, and after few other unimpOrtant
amendments, II was put on Its passage.
At this point Mr. Logan rose and asked
for tho call Of the roll. he said be was
outside OF the bar when the vote was taken
on the first ordinance and 1t was done so
hurriedly that 1t was over before he was
aware olIt. 1t was done improperly, be.
cause the case was one that required a
two't thirds vote and record Of the vote
was necessary to show that 1t was given.
The Chair said as there were no votes
In the negative, the vote must be held to
be unanimous.
Mr.. Simpson said very few members
voted at all.
Mr.. Logan desired to say that If an o.
portunity had been afforded he should
have voted against the ordinance. He
did not believe the Council had any legal
right to pass these ordinances; that they
were violating the Constitution of the
State in doing so. In violating the con.
stitutlonal provision as they did, he be.
lleved they became individually response.
BILE to the creditors If they acquired any
vested rights In consequence OF such
action. The passage of these ordinances
would increase taxation, jeopardize the
credit and prosperity of the city, without
any compromising results.
Mr.. O'Brien announced that he held In
his hand the written opinion of Col. ALI
son, concurred in by Mr.. Lamb, that the
constitutional provision did not interfere
with the right OF the Council to make
these subscriptions.
Mr. Logan said he had taken legal ad-
vice and was satisfied Of the contrary.
The vote was taken on the Bridge Or.
dinance, and it was passed by the follow.
ing vote:
Yeas-Messrs. Altmyer, Baird, Clator,
Caldwell, Howell, Hobbs, Hammer, List,
Long, McAdams, 0'Brien, Phillips, Ste