The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-10-25
ton 81 the voters, but renewals, after q
sort, Of part. Of the dulyauthorized bonded,
Indebtedness Yof the city, kdebts arising
from torts and other debts :ot different

ebtedness OF the city tdebtsi arising
rom torts and other debts .of diderent;
grades and kinds. ~ se's u r.
{ The legal status Of different portions Of
the floating indebtedness, for reasons above
indicated, ,as: we'll as for other reasons,
may DO very different. \ 4, r a
3 / do not think 1T necessary to attempt
10 classify them, or to venture nm opinion
as 10 what would ] be the ultimate 70.
suit Of q controversy In regard 10 them,
ms 30 little Is to he found IN the
books on the subject Of constitutional
like tho, ono which Is violated
In tho present instance. if,8S}tl0a.5tl !,
( The validity OF much OF the floating In.
might also DO affected, though
I think 1t probablywonld not, by d legal
question whether or not, the debts being
rs to the utnount thereof within the scope
Of the city's powerto contract, the city
will be. estoppel because tho debts have
been incurred III h detective MANNER. l
forbear 10 enter upon discussion Of that
question. b, ID )! gJfilJ.g a
VI, pR THE LIMIT or TAXATION. flla \
) Tho ciiy's power OF taxation Is limited
by charter TO fifty cents on each ono
hundred dollars valuation OF real and
personal property in tho city and fifty
cents on each tithable except that By the
net authorizing the compromise Of 1850
tho city was authorized to levy a sufficient
Tux oil real estate to provide for the con-.
promise settlement. .jt}Sir3t' ~ y
IS I believe TINT for the purpose OF pro.
yiding the annual sinking fund required
by the compromise loan ordinance, special
taxes on reai estate may DO annually
levied in excess. Of fifty cents OH the one
hundred. dollars. sssiloi 4, $50 p
1--WE have authority under recent legis.
lation 10 levy annually q tax Of not more
than ten cents in addition to the fifty
cents on each one hundred dollars value
Of real and personal property, witch ten
cent levy Ii to DO used solely for new
paving, anew macadamizing md new
sewers. s5s.lAi; IS c,E3i y :, NJ A. Tl-g g.
When tho compromise lonn OF 1850 va:
made, the Council was pledged to provid,
annually sinking fund to pay the inter
est on the bonds OF that loan and to liz
anauallya part Of said bonds. 4 2sE-r "
The loan Of 1871, known as tho List (
Davenport Loan, requires. that out OF the
first revenues received annually, there bt
set apart $50, 600, to be used 1T paying in
tercst and reducing the principal Of tint
debt. tigiE ~ :, 4 3 n. 'ig5'..str z,
The Public building loan Of lS75and tho
loans of 1877 and 1851 were created under
tho provisions OF the new Constitution
and the ordinances creating those loan.
expressly require IN annual sinking fund
to be provided for by the levy of dircc
annual tax, SO Ms to comply with the re
quirements Of the Constitution and vi ,
statute passed 10 give effect to the Consti
tuition. Yet how have the requirements
of these various loans been met in thu
past2 jtN5s!,f; 81 ~ VA ,st
Instead OF making separate levjcs TO-
each or any OF them, which would hay,
required n considerable splitting up Of thu
levy. the Council has for years bee,
making q single levy Of fifty cents on eac|
one, hundred dollars value OF all real ant
personal property, and the funds arisin.
from such taxes, after satisfying the re
quiremeut OF the List & Davenport Loaf
sinking fund for SIG, 900, have been place,
(along with funds derived from some o,heI
sourots) where they could be drawn upol
for whatever municipal purpose first pre-
scented itself. ,rys7 td5jlR gs!d,; {. -ltF
And 80 it always comes TO pass that the
entire revenues OF each ycar Nre ABSORBED
very early, aud then the faith OF the cit,
TO its creditors holding its bonds, and Il
its other creditors, including officers, i.
kept only by theissuipg OF orders on n,
empty treasury, tho orders being cashei
by banks and capitalists OF our city who
are willing to advance the money. b.. J. r.
A sMALL BALANCE TO pfAw FROM. u.
The money now annually, required tc
provide for q. redemption OF loans
and for salaries, prisons, markets
cemeteries, scales, police department
health department and fire. department
will come,s y am iniorned by the City
Clerk, within 5000 OF consuming The rev
enues from oil sources Except ihe ter
cent levy) which come directly orindirect
" within the control OF Council. sifrg az;
faThere is, therefore, left not over s., 0O(
for the repairsupon and care Of The streets
and fol, all incidental.and contingent ex.
penses Of the city. Yet by the Board toi
Pablo Works ordinance more than 49,
0C0 OF those revenues are set apart for the
useoithat Board leaving alsrge deicitannu
ally by operation, wemight say; OF the ordi.
dinanccs themselves, Which deficit is large.
ly increased by expenditures ordered by
Council and the Board OF Public Works.
But l imagine that the request for an
opinion upon the legal status OF thes.'iIoat.
ing" indebtedness was not made with q
view TO repudiating the debt or any part
Of it, but rather to bring out some plan by
which it can be properly, funded, and also
some plan by which he creation OF like
debts may be caeetually prevented In the
futurc. MI s n 7.F7'asf:
5EIt has been held that though debt has
been contracted in an unauthorized man.
ncr, it may be rendered valid by such
sanction or authority as would have law.
fully authorized it in the; first instance.
9 Therefore this Indebtedness may be
taken up with money borrowed in the
manner provided by law, upon bonds
issued with the consent al' tliree.Eiths| OF
the voters. LL,st.s ~ 40 *
S. ANOTHER LOAN oRplN :, nee. va
"A loan ordinance similar to that which
was recently defeated by vote OF more
than three-titths, will be required, and
will require the ratification OF three-fflhs
Of the voters voting on the question. +,
b In making suggestions Of means for the
prevention Of future embarassmanls, l
lnnst be brief. 5, "a 81 ...',:.
First-1 believe it is imperative!y ncces-
sary to increase the annual revenues OF
tho city. !. . 5,,5' y.
Ii this is done BY direct taxation except
[or the compromise loani the charter; must
ba altered. fss gs5i4 ...,s 49,
], The revenue may he increased by rails.
ing the water rents and the price OF eas
and taking part otthe revenues from those
sources. ID s MA tif;Fj.. i',lt:f
! But the Aot in relation to the boards"
should he amended In order to do SO. J354
It may be done by Increasing license
taxes. I. No act OF the Legislature is re-
quired ior that. The Market House fees
and wharfage rates I: ! nigh. be sIightlyin-.
! Observation-Disclosures In expenses and
3 strict compliance with the law ore abso.
|utely necessary. ls,ss79 e,fsp
! As a means tending to secure these
rnf1s r wntt1d gI,puost oh rvas in tho ,b,r