Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1890-06-28
CITY COUNCIL.
The business Transacted at Last Even
ing's Special Session.


most OF them so slow, in fact, that they
didn't get 10 the City Hall at all. At
half past eight a quorum OF the First
Branch were IN their seats, with Mr..
Farrell in the chair; but the Second
Branch lacked three at that hour. a
few minutes later, however, the missing
three members necessary 10 make up a
quorum appeared, and business was
commenced.
Clerk Thoner submitted his semi
monthly financial report, showing total
appropriations of S3ss, 1884; expenditures
of slG9. 1895 and balances of s295, ,'j5.-
05. The report Of tax collections by
Collector Myles showed total collections
of Ss5. .62O.O7 on account Of 80 cent levy,
and Sl4, 29s.G .G5 on account OF 10 cent
levy. a total OF Sl0l, ,9ls.72.
Bills were submitted as follows: Gem
eteries, s59.0l; Health, S533.35; Claims,
500; Real Estate, S96.9O.
The Committee on Cemeteries report
ed that 1t was not advisable to expend
any money on the Sixteenth street or
Fifth ward cemeteries, and the report
was adopted.
The Committee on Real Estate rec
commended that the Kennedy house and
stable. az the corner OF Chapline and
Twenty-ninth streets, together with
the unused portion Of the lot. be sold to
Paige, Carey Il Co. for $3.50, the firm TO
make, in addition, rebate OF SIS in the
contract price, making S725 in all. The
was adopted.
An opinion was read from the City
Solicitor, in reply to the resolution by
Mr.. Bailey. asking whether or not the
Health Officer had not authority to is
sue permits on Sunday as well as an
other day. In his opinion the Solicitor
said:
at seems TO me that the design Of provid-
ing an Office for the Health Ofiicer in the
City Building was for the convenience OF
those having Official business with that de-
partment of the city government The
public should be reasonable in its demands,
and when there is not some pressing ne
cessity for immediate or prompt action OF
the Health Officer, persons shall seek
TO transact business with that de-
department at the office or place fixed by
ordinance for that purpose.
"On the other hand, ! think that Health
Officer should not overlook the fact that
there are cases which call for prompt ac-
ton or which, in the exercise Of good iudg-
ment. should receive special attention, and
that, in such cases, he should give that at
tentiOn, whether applied to upon Sunday
or at any other reasonable time
The Chair thought the opinion hardly
complied with the resolution adopted by
Council, and Mr. Bailey made some
earnest remarks upon what he thought
was a great evil.
Finally the matter was referred 10 the
Health Committee, with instructions to
so amend the Health ordinance a. To
have the Health Officer issue death cer-
tfcatcs and burial permits at any sea-
sonablc hour, seven days per week.
The following additional communica-
ti0n was received from the City Solic-
itOr:
~ regret that my communication with
reference 20 the permits Of the Wheeling
Butchers Association and Samuel Elder,
was expressed in language which, as ] am
told, some seem not have cOmprehended.
My views are briefly these
II Action Of Council in abating a nui-
sance, Is not conclusive, but is subject 10
revision by the Courts.
80. Soap boileries and establishments for
rendering tallow are not, in my opinion,
nuisances per 70, but are primd fdcic
nuisances.
'3. These factories. being primd (dcic
nuisances, Council. think, can revoke any
permits heretofore given them 10 carry on
business. There may be more doubt in the
case of Mr.. Elder than in the other case, If
he has acquired rights by reason Of per
nit granted, but feel but little doubt II
the facts show his place 10 be nuisance in
fact, that any permit which he may have
had can be rescinded.
-. The city is not liable for damages TO
private persons, for refusing 10 exercise
the power spoken Of
-. Persons injured have ample remedy
in the Courts Of the land, for any injury
they may suffer-
The report was received and ordered
filed.
Petitions were presented by Mr.
OKane relating 10 the bad streets,
stagnant water, lack Of sewers, etc, in
Bakers addition, and by Mr.. Cruise.
alleging damage by floods. etc, on
Twenty-ninth street, east OF McCullOch.
Several member spoke forcibly in re-
gard to these localities, and a special
committee Of seven. four from the Sec
ond Branch and three from the First,
was appointed TO thoroughly consider
the matter. at once. and report to Coun-
ell President Cruise appointed on said
committee, on the part Of the Second
Branch, Messrs. O'Kane, Robrecht,
Emmerth and kreitcr.
The communication from the Board
Of Public Works, transmitting a letter
from A. Is. Caldwell, in regard 10 the lot
owned by the latter at Caldwell's run,
rs heretofore explained in this paper, was
read and referred 10 the Committee on
Streets. Alleys and Grades.
Mr.. Kenncy submitted a resolution
calling attention TO the horrible cOndi-
tion Of the crematOry road. and stating
that there were ruts In IL three feet
deep. The road was in such condi-
tiOn that haulcrs would be justi-
fed in refusing TO 90 over the road.
This brought out the inquiry why the
city prison inmates could not keep the
road i'm repair. and il was stated very
little stone was ever broken at the work
house. Mr.. Robrecht, Mr.. Bailey,
President Cruise and others took up this
branch OF the discussion, and there
seemed to be well grounded suspicion
there was something wrong. Finally
the resolution, appropaiating $50, was
adopted. and then Mr.. Robrecht moved
a special committee OF three be ap-
pointed to meet with the City Prison
Committee, and ''see how things were
going" 4 further discussion led to the
adoption OF resolution instructing the
Committee on City Prison TO "stir
things up and make a report.
Adjourned.
In the First Branch. everything was
concurred In until the O'Kane resOlu-
tion. appointing a special committee,
10 report on Bakers condition and
Twenty-ninth street. came mp. Mr.. VIII
son moved to refer 10 the Board Of Pub
lie Works. This brought on an excited
discussion, and ended in the motion be-
ing withdrawn, and the action Of the
Second Branch cOncurred in. Mr.. Far
rell appointed Messrs. Caldwell, En-
sheimer and Rawling on the committee.
All other business sent over was con-
Cured In.
Mr.. Wilson then offered a resolution,
scoring the Second Branch for adopt
ing "a joint resolution" censnring the
First Branch for falling to be on hand
promptly, and going on to assert that
a resolution directing that business
coming before Council be divided, in or
der that each Branch could work, had
been ignored; and lastly that the Second
Propcb was at least eQually dcrelict