Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-06-13
s79,122 9s
$3.50 81
AN INIpoRTANT REPORT.


AN IMPORTANT REPORT.
The Finance Committees report was one
of the most yoluminous ever sent to Coun-
ell, embracing, as it did, all the business
outlined 20 fully in the REGISTER yester-
day morning. One branch of the report
embraced the changes in rules 4 and Of
the Board of Public Works, the former alb
rogating the s., 900 clause and specifically
stating that 1.-THE Board shall make no
contracts for work upon the sewers, streets
and alleys of the city until such work shall
have been ordered to be done and the
money appropriated therefore specifically
and expressly" The amendment to rule
placed the revenues from scales, fines,
markets and wharves to the credit Of the
B,P.W, toform q fund for the payment Of
contingent expenses, (which shall consist
only OF expenses incurred for the cleansing
and repairs of the sewers, streets and alleys
of the city, and not for any new paving or
other new work" The effect Of this is to
allow the Clerk to issue his orders upon
this fund MP to the full estimated amount
thereof, whereas heretofore, the orders
could only be issued as the money came
into the hands of the Receiver through the
various channel.
A second ordinance, transmitted by the
Committee, changed the rules Of the Board
of Gas Trustees, directing them to pay
annually to the Board of Police and Fire
Commissioners the sum of So, $50. Accom-
nauying this ordinance was the following
official opinion from City Solicitor Csld-
we'll, which is OF decided interest in this
connection
A FINE POINT ExPoUNpED.
To the Mayor and Council:
GESTLEMEN:-On the oath of April last,
on the recommendation of the Finance
Committee, Council passed the following
resolution:
"PesOlred, That the City Solicitor be
and he is he is hereby directed to institute
proper legal proceedings to compel the Gas
Trustees 20 comply with the appropriation
ordinance for the year 1888, so far as 1t APP
plies to said Trustees"
The act creating the Board of Trustees
of the Gas Works of the city of Wheeling,
passed February q, 1882, provides that
the said Trustees shall have, under rules
and regulations adopted by them and sp.
proved by Council, control, supervision
and management of the Gas Works, pipes
and connections, of the collec-
ton of the monies arising from the
Works and from gas supplied, and of the
disbursements of the same, land Council
may at any time amend, modify or annul
any of said rules or regulations"
A rule is defined by Webster to be that
which is settled by authority for guidance
and direction. A regulation is defined to
be a rule by which that to which the regu-
lat on is applied is to be governed.-Statev
Clark, so Missouri, 20.
The above provisions are therefore sub
stantially that the control Of the disburse-
ments Of the revenues Of the Gas Works
shall be exercised under the control of
Council through rules and regulations
adopted by the Board Of Trustees and ap-
proved by Council, but which rules may,
at any time, be amended, modified or an
nulled by Council. In other words, the
Board of Trustees are to control the said
disbursements under the superior control
of Council. But q single order passed
by Council to pay q certain sum out of the
revenues of the gas works for certain pur-
pose, would not be rule, but q mere
single order or direction. 1t would not be
a rule for guidance Of the action OF the
Trustees, but o mere order.
A practical reason why the above cited
provisions of the act of 1882 must be con-
strusd to vest the supreme control in
Council, is that otherwise if the gas works
should be profitable and accumulate
surplus, Council must direct how 1t snail
be disposed of by the Gas Trustees, or there
could be no disposition whatever made OF
il, because il must be disbursed under the
aforesaid rules and regulations approved
by Council
From the above. my opinion Is that the
Gas Trustees cannot be compelled to obey
the order contained in the first section Of
the appropriation ordinance for 1888, that
they "shall pay to the City Receiver as
soon as said ordinance is passed, 50, $50 on
account of the loan of 1871" But ann
of opinion that Council can amend the
ordinance prescribing the rules and regu-
lstions governing the Gas Trustees, and
by such amendment prescribe that ", $50.
or any other amount of the monies Of the
Gas Works, shall be annually disbursed
Tor 6ucu puFpoco - udy 70 PicoSaAooo ~
such amended rules or regulations.
Sec OF the printed ordinances Of the
city prescribes, among other things, that,
on the 18th day Of February and the 18th
day of August, in each and every year,
the commissioners of the loan OF 1871 shall
have paid 10 them certain sums of money
by the Receiver Of the city, on account Of
the loan of 1877, ont Of any money in the
hands Of the Receiver to the credit Of the
city.
This ordinance was ratified by vote Of
the people, and constitutes part of the
contract with the holders of the bonds
of 1877. Il provides rs above how
the interest and principal Of the loan
of 1877 shall be paid by ths city, that
is, by the Receiver to the commissioners
of the loan. and by them to the bond
holders. This ordinance it is not within
the power Of Council to disregard, Is it is q
part of the contract with the bond-holdeTs
and an ordinance providing that the Gas
Trustees should pay q portion Of said loan
wonld be illegal. / am, therefore, OF the
opinion thst Council cannot order the Gas
TRUSTEES TO pay part of said loan, because
the loan ordinance above referred TO pro-
vides that the loan commissioners shall pay