Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-11-24
oALDwELL,s Run.
A Correspondent Presents an Adverse
View of the Proposed improvement

SIR:-Among ihsmsny objections which
can be made to the Board OF Public Works
dumping $4,000 Of the peoples money
into o ditch on TweDty.ninth street, be
tween Woodland ChBpline streets, are the
FirstGThere is no power given to Coun-
ell in the city's charter TO do such work,
and consequently, "the care and manage
ment of the streets and alleys, delegated
to the Board, does not give them s1eh
The charter makes II obiIg.
atory on Council to keep ali the streets and
alleys open and in good repair, and
positively torbids the placing OF OBJ
structions on them, the fencing up OF or the
digging into any part Of he streets, IN such
manner as to permanently interfere with
the free and secure passage over the en-
tire surface of the streets. How then can
Council deprive the peopls' OF the use OF
twenty. eight feet of q street by digging
ditch down The middle of it? !
Second-The measure is being pushed
through Council by misrepresentation and
fraud. Members have been induced to
make pledges of their votes BY being told
that there was an agreement between Mr.
Caldwells executors and the city, which
bound the city to strsightsn the run, at
some time. There is not one word OF
truth in this statement. This assertion
has been published in tie morning psperf
three times in the last three weeks,
and although the run party knew
that if uncontrsdicted, it would work more
or less injury TO their cause, yet they did
not have the hardihood to publish in the
papers the falsehood they we're circulating
privately among the member Of Council.
Their silence proves their guilt The truth
is that the city was never asked to approve
or disapptove of the plat on which the
claim Of the city's obligation is made; it
was never shown to any official OF The city
by Messrs Brady and Hobbs, Mr., Csldwells
executors, before being recorded; there is
not word or line on the records OF the
city in reference to any agreement to have
anything to do with Strengthening the run
and the only entries 10 be found are re-
fusals by the city to do go. VIII any
honest member ofCoulcil consider himself
held by promise, extosted from him by
falsehoodS
Third-The assertion that the city wss
obligated TO carry out the provisions of the
recorded plat, because taxes had been col
lected off the ots, laid out on the plat and
not collected of the lard, as a whole. is
too utterly too The plat was made in
1866 By Mr.. Jones, Of Brooke county, he
having been employed by Mr.. j. CalG-
well for that purpose. Mr.. Brady, Mr..
CsldSeiis surviving executor, Gays that
the city collecting taxes at some time in
the future off the lots il this plat was one
of the most worrisome subjects to Mr.. c.
in connection With il, and bis plan to
avoid its being done was TO stipu!ate
that no city taxes should ever he collected
off any lots unless three f0urths OF the lots
in q square should have passed ont the
hands of himself or bis heirs. He never
once proposed 10 have the city straighten
the run as an offset to collecting taxes of
the lots or ss york to be done by the city
for any other reason.
The enlargement OF the citY's territory
which took in Caldwell's fields vas made
in February, 1871, and the p!at,ss made
Years before, with all its memoranda dc
lated BIZ Mr.. joseph Caldwell himselt was
not recorded until November, 1871, LeaTR
ten months afterwards, and Mr.. Brady, one
of the parties who hsd the plat recorded,
has no recollection of any promise on the
city's'p8rt 10 ever carry out any OF the mem.
orarda on it
Fourth--If the city is obligsttd 10
straighten the ruu, rs claimed, how could
O compromise with the Caldwell heirs for
the part between Wood and Chapline
streets be made OF auy benefit? Would
not this act be taken as an acknowledge
menL Of The city'e liability to straighteu the
whole run, and be tue entering wedge for
the expenditure OF $7j, 1000 or 100000 on
the remaining portion of the run within
the city limits2
As matters stand at present the city is
under no obligation 10 do anything, and
the Caldwell heirs ought to know il. Let
Council once agree to DO part of this work,
and as sure as fate the city will be made TO
do it all.
Fifth-The acts OF West Virginia pro.
vide, that any ten (l0) taxpayers of city
or town who may teel aggrieved by unjust
legislatioE by their municipal bodies may
have their complaint heard by the Judge
of the Circuit Court who is Empowered to
supersEde, revoke or annul the same .
Will it be Just for Council to compel ter
of our citizens to have the legal rights OF
the city defined by one Of our Judges?
Should not the Injunction case, row pend.
ing be permitted to be brought to a con-
closion in place OF forcing private citizens
to do what:is the city's duty to have done?
The greater part Of the cost of the
present case has bsen ircuned, /
aud but little more will be added to what
his city will have to pay, if the suit were
settled now. Winter is here, TO work can
De done for several months, aud before the
ime Tor commencing work in the spiing
he present case can be argued and set.
led; provided the attorney for the run
,arty will not pursue the same dIaiory
nctics he has been pursuing fer the last
hree years.
The above are some few Of the many
essons for asking Council to 90 Glow 10
his matter. There Is deep and
rowing feeling among al classes
f our people that the ciiy's interests 9
re in danger of being sacrificed to CRAFTY {
be wilma Of few interested parties, and
D strong is the feeling that it is safe to FAY
nat so sure as this run business receives
le four-ffths vote 10 both branches at the
ext meeting Of Council, which the charter
rescribes it shall receive, the work will be
opped by legal proceedings and the
hole Misrepresentation will be laid before
ie Court as reasons Why His Honorshould
terpose bis authority 10 protect an
ready overbGrdeusd public from being
ljustly plundeTed foG the benefit OF a few
diyidue!s. TAXPAYER.
50 90 will buy s. dprabe ogercoat or
NJ Il, The Farfnrv Hap Main sfreet