Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-05-09
CIYY COUNCIL.
Routine Proceedings In the Second Branch
Last Night.


Last Night.
At ten minutes to eight o'clock the Sec
ond Branch Of Council was called to order,
Mr. Hildreih taking the chair in the abb
sence of President Sweeney. Roll call
sh,wed the follow NJ members present:
Messrs. Clator, Crawford, ]. B., Crawford,
Robt., Cruise, Harrell, Hearne, Healy, Hil-
dreth, Jones, Miller, Scott, Stanley, Tracy,
Vockler and Weir-l5
The reading of the MINUTES was dispensed
with, and after rule Is, prescribing the gen.
eral order of business, had been dispensed
with at the suggestion of Mr.. Hildreth, that
gentleman presented q petition from
Michael Reilly, setting forth the facts in
connection with the area-way proposed to be
constructed in connection with the new
building now in course OF erection ct the
Opera House corner, said area being on
Fourteenth street. beginning at point
twelve feet west from the corner Of Market
and running thence sixteen feet west
wardly along the sidewalk parallel
with the proposed building, it being pro-
posed to efectuslly guard said area With an
iron railing. The petitioner stated that he
had begun the construction of his building
in ignorance that the area would in any way
interfere with the free use of the thorough
fare The Board Of Public Works had
stopped the work Of construction of said
area, and the petitioner asked that Council
might give the petitioners leave to 90 on
with the work as originally designed
When the petition had been read, Mr.
Hildreth offered the following:
Resolved, That permission is hereby
granted to Michael Reilly to place and
maintain an area way on Fourteenth street,
near Market, at the side of his new building
now in course of erection there. The said
area shall begin twelve feet from the corner
Of Market and Fourteenth street; shall ex
tend westwsrdly not more than sixteen feet;
shall not be more than thirty-two inches
vide, measured from the line of such new
building as now located and shall be pro-
tected on the southerly aud westerly sides
by substantial iron railing.
Mr.. Hearne said that while he was person
ally inclined to grant the prayer of the pc
titioner he had verg serious doubts as to
the power of the city to grant the desired
permission. He cited various authorities,
going to show that municipal corporations
had no right to grant leave to private par
ties to encroach on the public thorough.
fares, and moved, as amendment, that the
whole matter be referred to the city solicitor
with the instruction TO report as to the au.
thority Of the city to make the grant
Mr.. Hildreth favored the grant. He.
thought The city was committed by prece-
dent 10 the policy of permitting the con-
struclion of area ways. 1t had been done
in a number OF instances, notably at the
Peoples Bank, and as a refusal would re-
suit in serious injury to Mr.. Reilly he
thought it proper to let him proceed.
Mr.. Hearne's motion to refer TO the city
solicitor was then lost, ayes 5, nays IL.
Mr.. Hearne then moved that Mr.. Reilly
be required to enter into bond conditioned
to save the city harmless from all costs aud
damages in case of suit being entered.
Mr.. HiIdreth agreed to add that clause to
his motion, and it was the adopted.
The bonds OF Michael Neal, assessor tor
II e North District, and A. C Eyerter, mem.
ber Of the board Of Public Works, were ap-
proved
The proposed loan ordinance was then
taken up, read first and second time,
amended, a. no,ed elsewhere, and laid on
The table. 10 be taken up as the special or
der on Tuesday.
The report of the joint committee on con.
ducting negotiations with the Board OF
Commissioners relative TO occupying the
Capitol was read and acted upon, as de-
tailed elsewhere.
Adjourned.
FIRST BRANCH.
This Branch had no quorum.