The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-03-12

report necessary repairs with cost.
A resolution directing the laying Of
new water pipe on Seventh street, between
Zane and Clay, was referred.
A resolution TO ask for legislation to au'
thoriZe Council 10 ill the vacancy in the
Judgeship of the Municipal Court was
coucurred in.
The official bond Of Elijah Day, City
Receiver, was presented and approved,
A resolution directing an inquiry by
the Committee on Streets and Alleys as
to the cost Of sewer on Monroe street,
between Fourth and Market was con.
Cured in.
A resolution proposing special com.
mittee TO consider a method Of paving
the now unpaved streets, one.hAli at the
expense OF the city, and one half at the
cost Of the property holder, was concur.
red in.
The chair appointed on the part Of the
First Branch Messrs. Hall, Blair and
Handlan.
In connection with this Dir. Boring
offered resolution proposing to ask for
authority TO lay q uniform tax on the
property In the city, not exceeding 10
cents on the 800, to be used for paving
streets and alleys. Tabled.
A resolution was offered by Mr.. Boring
10 refer to the Committee on Lights the
controversy between the city and Rr.
Crumbacker, contractor for the construc.
ton OF the city gas tank, and directing
that upon Mr.. Crumbscker showing that
the tank had been completed according
to contract, the committee certify the
fact 10 the Gas Trustees, and ordering
them, on the receipt Of the certificate, 10
pay Mr. Crumbacker the balance due
him.
Mr.. Blair said il had been made the
special business of Mr. Clator TO superin.
tend this work. BE moved to amend by re.
quiring as prerequisite 10 the certificate
Of the Committee, that they shall have
certificate from Superintendent ClaLor
that the work has been done according 10
contract. Mr.. Hall and Mr. Handlan
seconded the proposition Of Mr.. Blair,
and Messrs. Boring, Butterfeld
and Reister resisted it. Dir. Relster
claimed that the work had been done &C.
cording TO contract. Nr. Hall said the
evidence Of that would be report Of the
fact by the Superintendent, Mr.. Clator,
and it was not proper to order the money
paid till they have this evidence. Mr.
Blair said the committee were willing to
take the job of Of Mr.. Crumbacker's
hands, but had no authority 10 do It,
as the contract provided that 1t could
only be done on the certificate oil the Su.
perintendent.
| Tho oho;r IAJr IU;IsonN ,hovnht NJ
Blair's amendment was hardly germane.
He said the evident object OF the resolu-
ton was TO superCedc the contract by
placing the whole power TO make the
payment in the discretion OF the COM
mlttee and he thought this would be
treading on doubtful ground.
Mr.. Boring Withdrew his resolution and
BIr. Blair offered the following which
was adopted:
ReS0lued, That the Committee on Lights
are directed TO settle with Geo. Crum.
hacker, contractor Tor the erection of the
Gas Tank, according 10 the contract be-
tween the city and the said Crumbacker
and report the settlement TO Council.
The following reports were received
from the Second Branch and its action
confirming The recommendations u the
Committees cOncurred 10.
Report OF the Committee on Water
Works.
Report of the Committee on Accounts.
Report Of the City Receiver.
Report Of the Street Commissioners.
The report oil the Committee on Lights
on supplying gas TO the Island was re.
ceived. II estimates the cost at something
over $4,000. including receiving tank,
and reports it inexpedient 10 supply the
Island with gas. Tabled. The rest Of
the Committees report was conCurred IN.
Mr.. Blair offered the following petit.
tion from citizens Of the Island, which
was referred:
To The Mayor and Council Of the Oity Of
Wheeling:
GENTLEMEN: Your petitioners from
the 9Th Ward respectfully call your atten.
ton to the intolerable nuisance Of those
large lumber piles, which have been placed
upon the sidewalk leading from the west
end Of the suspension bridge, Tor the last
ten or twelve months, entirely obstructing
the sidewalk. Citizens living below Vif-
ginia Street have been compelled to
wade through the mud, or go round
above Zane Street 10 cross through the
mud at that point, to get to their homes.
We, as citizens, claim that this Bridge
Company have no right under the law Or
justice TO obstruct or stop up q public
highway In this manner. II this had
been done for the immediate repair of the
bridge, we should rot have complained.
But 1t was moi; 1t was placed there 10 sea.
son, when Il could have been placed on
outside grounds, and has been the cause
oil public nuisance for resorts OF all
kinds. Your petitioners, further assert
their right OF protection under the law as
well as Justice We claim, under law,
that this bridge was chartered for the &C
commodstiOn of the public, mot for The
stock holders alone.)
We also claim that II was so protected BY
the Congress ofthe United States, and u
postroad declared oil it, (which does not
mean that It shall be stopped up or oh.
atructed)
We slsGclaim that II was declared by
the President Of this Bridge Company in
the filing oil his answer in the United
States Court, in the suit pending, by the
State Of Pennsylvania against this bridge
Said President there declared, (using bis
own language) 1.-THE Trer, and this road
and bridge are equally common public high.
lnGyS." For these reasons, we as citizens
Of the United States, and Of the State Of
West Virginia, and more especially OF the
city Of Wheeling, do ask protection for
our rights, from our City Fathers, in hav.
ing this nuisance and obstruction abated,
and protect US from similar annoyances
hereafter, and will ever pray.
Signed by John Il. JONES,
JOHN MORGAN,
A. G. RoBNsoN,