The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-03-25
THE VIBRATING PLANT
or the Electric Light md Power Compn
Again DlscUssctl-Tlis Solicitors OpInio

VI ths EIcctric Light unu Power Company
Again Dlscussrd-The Solicitors Opinion.
The special Council committee ap.
pointed to investigate the complaint Of
certain Fifth ward citizens against the
Electric Light and Power Company on
account OF tho vibration OF lis plant,
mot last night to receive tho opinion Of
City Solicitor Robert White In the
matter.
Colonel White preiaeed ILLS opinion
with m explanation that a municipal
corporation derives all lis powers 10 on.
net and enforce laws only by legislative
grant, and that the corporation may only
ordain md enforce such laws rs are not
In conflict with such grants, or rs may
reasonably DO inferred to be permitted
by such grants; and also that It's always
best TO err In restricting than In expand.
ing the scope OF such powers. He also
stated that the legislative enactmcnts
under which the city government exists
only name tia. II may abate such nui.
Bances rs slaughter houses mud offensive
and unhealthy business within the city
limits. Since the Electrical Compauys
plant, while 1t Is an annoyance, does
not come under such a head, the
city can not. therefore, abate md DO.
stroy 1t. The Colonel iurthe. illus.
traled tho difference between pub.
lie and private nuisauccs. A
private nuisance Is ono which does
not affect tho general public, but does
injure one or other small number OF
people, while a public nuisance en-
dangers tho life, health or comfort Of a
great majority Of the people. The Colo.
mel demonstrated that this alleged nui.
sance must be OF the private sort, for the
reason that only a few people arc an.
noyed by It. He further explained that
the ones injured havo the power to 70
before the courts and ask mi Injunction
against that which anuoys them, aud
that the only sale method for Council
to pursue in tho case ia to have the matter
Adjndicated before my action looking
to the removal or destruction OF the
plant is begun. Tho necessity OF having
the matter adjudicated before action il
taken, arises from tho fact That the
electrical people will be in position to
sue the city for my damage that may be
sustained at its hands.
The Colonel's opinion closed with the
suggestion that those annoyed by the
power plant ask the courts for an ipiuuc.
lion against. the maintainance OF the
plant.
After the opinion had been read, Mr..
Tracy moved that subcommittee OF
three be appointed to confer with the
electrical people with the view OF arrang-
ing price at which the plant might be
removed and the lot sold to those who
arc annoyed by it. He stated that he
had been informed that people in the
neighborhood would pay $4,000 each for
the lot within ten hours from The time
that arrangement could DO arrived ut,
and allow the Electrical company rea.
sonahle time to remove its plant. Mr..
Farrell appointed Messrs. Tracy, Baily
and Ellingham as such committee, and
on motion OF Dr.. Campbell, WIS made u
member himself.
| Mr.. Bailey said it had been said that
the Electric Company would soon be
compelled to remove from its present
quarters for want OF room and because
the power cau not be distributed the
full length Of the street railway lines.
Secretary Garden, of the Electrical COM
pany, stated that the company is now
only using two.thirds of its capacity,
and has room in the building 10 double
lit.
Mr.. Tracy suggested that the commit.
tee visit the houses OF the petitioners so
that the members may know for them
selves just the condition of affairs,
whereupon Mr.. II. +. Behrens extended
to them an invitation to visit his resi-.
dence at any time night or day.
The committee then adjourned to meet
at the call OF Chairman Farrell. The
sub committee will meet with the direc.