Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-06-13
A PROTEST
BY the Natural Gas Co. OF w. Va. to the
Council of tho City.
To he Cify of Wheeling:


To he City Of Wheclinq:
The Natural Gas Company of West yir-
einia was granted by your Council, by an
ordinance passed on the 14th day of April,
1885. entitled, "Au ordinance granting the
Natural Gas Company Of West Virginia
the right to lay and maintain pipes in the
streets, alleys and public grounds in the
city of Wheeling, for conducting natural
gas, to be used for heating purposes" GER
tain franchises and rights to lay pipes in
and under the streets, alleys and public
grounds of the city of Wheeling, for the
purpose of conducting natural gas for heat
ing purposes.
In the 9th section Of said ordinance it ia
provided that in consideration of the grant
by the ordinance to the Company, that the
Company should furnish free of cost to the
city, for heating purposes, to any public
building, school or works thereof, near
which the Company should lay its pipes,
all gas which should be consumed at such
building, school or works by the officers,
agents or employees of the city, which the
Company agreed to do by accepting the
ordinance.
The second section of said ordinance
reads as follows:
SEC Z. Nothing in this ordinance con-
tanned shall preclude or prevent the Coun-
ell of said city from hereafter granting to
any manufacturer or association Of manu-
facturers therein, the right to lay pipes in
and under the streets, alleys, and public
grounds of the city to his mandatory, or
their manufactures, for transporting nat
ural gas for use as fuel in his or their bust
ness thereat, but only for his or their con-
sumption, and not to sell to others. The
word manufacturer, as used in this sec.
ton, includes persons, firms and corpora
tions engaged in manufacturing in the
CITY,"
For good and valuable consideration, the
grant to the company in the said ordi-
nance was declared by the city in :he 9th
section of such ordinance to be Of the sole
and exclusive privilege of the company to
lay pipes for the purpose before mention
ed on and under the streets, alleys and
public grounds of the city.
The city of Wheeling has been, ever
since the compsny's line has been COM
pleted, receiving from this company free Of
cost, to-wit: under and by virtue Of the
provisions of such ordinance, fuel for heat
ing purposes at the following public build
ipgs, schools and works in the said city,
to.wit: the city water works, city gas
works, city, or public building, crematory,
city work house, public library, office OF
Board of Education, Vigilant engine house,
Hope hose house, hook and ladder house,
Atlantic engine house, United engine
house, Eighth ward hose house, Island
hose house, First ward public school, two
public schools in Third ward, Fourth ward
public school, Fifth ward public school,
Seventh ward public school, and annex,
and two public schools in Eighth ward.
The value of the fuel so furnished by
this company, based upon the cost Of cosl,
| in each year, amounts to not less than $17-
900.
The Natural Gas Company of West Vir-
giuia endeavored to its utmost to keep in
every particular, the contract it made with
the city of Wheeling in accepting such or
dinance, but such Company has been in
formed that, at o special meeting held on
the 5th day of June, 1888, the Council Of
the City of Wheeling passed an ordinance
entitled, IAN ordinance granting to the
Citizens Gas Company the right to lay
and maintain pipes in the streets, alleys
and public grounds Of the city Of Wheel
ing for conducting natural gas to be used
for heating purposes"
TIE first section of the last named or
dinance reads as follows
"SRCTIoN /. Permission is hereby granted
The Citizens Gas Company to lay pipes in
and under the streets, alleys and public
grounds OF the City of Wheeling, for the
purpose of conducting natural gas for heat
ing purposes to the several manufactures
operated by such persons, firms and cor
porations engaged in and to be engaged In
manufacturing in the City of Wheeling as
may desire The Citizens Gas Company to
furnish them with gas, but no right is
hereby granted to transport natural gas
for sale to others than such persons. firms
and corporations, or otherwise than for the
use aud consumption Of such persons,
firms and corporations in their business at
their respective manufactures.
The last named ordinance makes no
grant to any manufacturer or association
of manufacturers, to lay its pipes in and
under the streets, alleys and public grounds
of the city to his mandatory or their
manufactures for transporting natural gas
for use as fuel in his or their business
thereat, and only for his or their own con-
sumption, and not to sell to others, and it
purports to grant right to company to
lay pipes in and under the streets, alleys
and public grounds of the city, for the pur-
pose of conducting natural gas for sale to
manufacturers.
| The last named ordinance is q palpable
violation of the contract existing between
the Natural Gas Company of West Vir-
ginia and the city of Wheeling, and 1t is q
violation of good faith and Of an agree
ment which induced the Natural G ss Com
pany of West Virginia to undertake the
work of bringing natural gas into the city.
This company is advised that if the city
of Wheeling violates the contracts and
pledge Of faith contained in the ordinance
| first mentioned, it is not entitled to receive
the benefits of free gas from this company,
to its public building, schools and works,
and that q right of action would exist in
favor of this company against the city Nr
damages the company may sustain by
reasonsof the breach Of such contract, a.
as we'll as for the value Of fuel furnished
such building, schools and works. The
Natural Gas Company OF West Virgins
hereby protests against the action Of the
CITY Council in passing the last named or
dinsnce, or any ordinance that will violate
the contract between the city Of Wheeling
and this Company, and hereby gives NOTES
to the city that 1t will protect its rights in
the premises. This notice is now giver
before the acceptance of the said last men
toned ordinance, in order that the City Of
Wheeling may be able to take such actor
before such acceptance as good faith TOWARD
this Company and the City's own interests
dictate. Respectfully submitted,
CHAs. W. BACHELOR,
President Natural Gas Co. of W. Va.
Attest: HARRIS BUCHANAN, Secretary