Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-03-30
A BRIEF SESSION
OF THR CITY COUNCIL HELD LAST
EVENING.
A Small Wrangls Over the Health Committee RePor
The Sixteenth Street Cemssry-The Live
Stock Nuisance at the Wharf

Council met in special session last even
ing, there being but about n quorum Of
members present in either Branch when
business was inaugursted. In the Second
Branch nothing was done but listen to the
reading of an interminable lot of minutes,
up to about half-pust eight o'clock, after
which hour movement was made towards
clearing off the business upon the Presi-
dents table.
The Special Committee to consider the
subject of an ordinance abOlishing the
Board of Police and Fire Commissioners
was appointed as follows First Branch,
Messrs. Farrell aud Rawlings; Second
Brance, MessIs. ElliDghmam, Seeley and
Capps.
In the First Branch, after the read ing OF
the minutes had been concluded, a petit
ton signed by Riley & Hobbs William
Stamm, w. B. Howell and others, was
presented, praying for the adoption Of an
ordinance prohibiting the landing Of live
stock at the wharf, except under the coz
dition that they be at once removed. The
ordinance, draft of which was on the
Mayors desk, was read and referred 10 the
Committees on WhaTves aud Ordinances.
In the Second Branch the ordinance in
relation to hawkers and peddlere, read a
first time last Tuesday, was taken up.
Mr. Hsnell moved to refer to the Cam
mittee on Markets. Amended to read Or
dinances, and adopted.
The Committee on Health reported bills
aggregatiUg SIG. 40, and Cemeteries 1925,
and they were ordered paid.
In the First Branch the ordinance re-
pealing the sesize ordinance, passed by the
Second Branch Tuesday night, was taken
up and also passed by this body, there be-
ing but two votes in the negative.
In the Second BraI ch the recommends
tions of the Health Committee in favor of
remi ting the fines against Geo Rnffner
and William Wood ward, for violations of
the Health ordinance and asking that
their licenses he restored, was rec)mmit
ted. Before this was done, however, there
was red-hot debate, in which the Health
Officer got O mud roasting at the hands of
Mr.. Capps The Doctor was defended by
Mr. HsIrell, who said he had heard from
good authority that DR.. Garrison had been
threatened by members OF the Committee
on Health. Mr.. c. II. Miller charged that
the clause of the report referring 20 Mr..
Ruffner had been added, after the commit
tee had refused to adopt q resolution ask
ing for q refund In his case. The commit
tee will get another chance st the matter.
The following communication from the
City Solicitor, relative to the Sixteenth
street cemetery, was read:
To the Council Of the city Of Wheeling:
GENTLENIEN:-I have bsfcre me the
resolutions of Council, introduced by Mr.
Happy, instructing me to examine the
title and report by what means the Six
tenth street cemetery can be removed,
etc.
have looked into the title of the ground
upon which the graveyard referred to is To-
Gated, and fnd that it was conveyed to
certain parties over forty years ago, ito be
held and occupied for a burial gsOund and
cemetery"
have been over the ground, and find
that there are very many remains Of the
dead still buried there, though great
many bodies have been, during late years,
removed therefrom. My information is
that no one has been buried in these
grounds for several years past no one seems
to have, in late years, given any clre either
10 the grounds or TO the graves remaining
there; the fences are down aud the lots
practically turned ont as commons
Cemeteries in cities are not per Sc nui-
ssnces, but special circumstances may
make them so. To be q nuisance per Sc,
graveyard must be in such e condition hat
1t affects TIE health comfort and c0nven-
fence of cirizens; the fact that it affects the
market value Of property in its vicinity
would not constitute il nuisance. COun-
ell has the power 70 declare a graveyard to
be nuisance, If, 10 point OF fact, it is one.
/ The courts would not be bound by such
declaration of Council, if they had such
declaration before them, in a proper case,
but would hear testimony, and determine
whether such declarat on of Council wss
justified by the facts, but would not in
terfere with such declaration Of Council
unlets it was plainly unwauantable and
unreasonable Such is, as understand it,
the law upon this subject.
would recommend that Council sp-
point a committee to ascertain the facts
upon this subject. aud report them TO