Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-03-09
They KICKED IT OUT.
TEE SECOND BRANCH OF COUNCIL REFUSES
TEE GAS COMPROMISE.
Ratified By the First Branch, The Second Flaily
Refuses to Touch lt-Saiemsnt From the
Fire Observation-Disclosures

of Council, last night.
The First promptly ratified the agree
ment reached by the representatives Of
the city and the Company, as being
equitable aud satisfactory, but in the
Second Branch not only was the report
killed, but members showed a dispOsi-
tion to jump upon the corpse after
wards, as will be seen from the report
of the proceedings which follows.
The report OF the Committee came up
in the First Branch, where Mr.. Farrell
was in the chair, in the absence Of the
Mayor. When the reading Of the paper
had been completed by the Clerk. Mr..
Farrell said:
The Chair Il at a loss TO understand
that propositjon-wbether 10 is an or
dinance or a resolution" He read rule
No. 26, which sets forth the manner in
which ordinances shall be amended, and
then proceeded: That is the rule I'M
der which you are working. II it is in
tended 70 repeal Section o Of the old or
dinanCe, is appears 10 me that the pa
per before the body ought to be IN the
nature Of an ordinance
Or. Caddle-We were fully informed
upon that point by our attorney at the
last meeting OF the committee. He told
Us this would be binding upon the Com
pauy.
~ n, -n-.r- A. .- -,to +ba r,ssoUa
of this can do no harm 20 the city.
The Chair-Then / shall put gener-
al parliamentary proposition which l.
Mr.. Rob.nson-This is only an agree
ment, waving a section OF an Ordi-
nance.
Mr.. Ponock-That'S il.
Mr. Emsheimer-Mr. Robinson, you
can't amend an ordinance by a reso-
luton. That
The Chair severely are you
addressing, Mr.. EmShemer?
Mr. Emsheimer-The-er-the chair.
The Chair-Nlr Emshemer.
Mr.. Emsheimer bowed, and proceed
ed % elucidate his views, but was
again interrupted by Mr.. Pollock, who
proposed an amendment which stated
ia so many words that the resolution
was not intended 20 amend the ordi-
nance. but merely 10 suspend the oper-
atious of a certain section.
Mr.. Emsheimer couldn't see il in
that light, and went on 10 argue
that Council was merely giving the
Natural Gas Company chance 10 VIC
late an ordinance. IAN ordinance can
only be modified by another ordinance. ~
Mr.. PouoCk-If that's So, the passage
Of this resolution would have no bear
Ing upon the city'S rights.
Mr. EmSheimer-Oh, yes; you will
have acted illegally, and the city will be
hurt, because you cannot enforce what
YOU have attempted 20 do. I'm no
Blackstone lawyer-I don't pretend 20
be-but know you can't 90 what you
propose 10 do here. You must proceed
legally. / say you can't pass ia. l don't
care what Mr.. Riley says,
Mr.. RObinsOn-ThiS matter has been
fully considered by the City Solicitor.
Now, you either have City Solicitor
VINO understands his buSineSs-Or you
haven't. THAT'S the dilemma in which
YOU are placed. This will be a contract,
signed on the one side by the Mayor,
whose signature binds the city, and on
the other side by the President Of the
Company. Now, the City Solicitor says
that is all right. II 10 isn't, you ought
10 get q new City Solicitor, and that as
soon as possible.
Mr.. Emsheimer-I don't care about
that-the thing can't be done. l don't
care what the City Solicitor says.
DR.. Caddle-Then what do you pay
the City Solicitor thousand dollars a
year for?
Mr.. Emsheimer-Oh, that's all right
I'll stick 70 what I say; aud it'll stand,
TOO. You can't change an ordinance by
a resolution.
Mr.. Pollock-Is what the gentleman
saws is so, there can be no force in his
objection II the Natural Gas Com
pany is satisfied with an Illegal action
by the City Council all right.
Mr. Happy asked that Mr.. George b.
Caldwell be heard, and that gentleman
addressed the Branch briefly. He said
he didn't car 90 antagoniZe any OF the
gentlemen Of the Branch, but merely
wanted 20 make an explanation OF the
situation. THE objection 70 the reSO-
luton on technical grounds OF course
reflects upon the law adviser OF the
city. because the whole matter has been
scrutiuizeC 10y him, and he advised the
Committee that the point which has
been raised here was not gOOd-that IL
was not amending an ordinance, but re
leasing some o. the obligations or an
ordinance. Most Of Us. when
we employ lawyer, generally 90 by
his advice, or we discharge him. Mr..
Riley had advised that this is all right;
and not only that, but Mr. Riley this
afternoon wrote the amendment prOpOS-
ed bv Mr.. Pollock, ana which was accep-
ted bv US, without hesitation. Ia view
of this additional safeguard, don't see
what can be gained by further delay.
III this matter can't be accom-
pIisbed in this wav, the Company is In
the hole, and not the city. IL the Com
many is wrong about It's position, then
the old ordinance holds, and the city is
am right. The Company is willing 10
tel,e the risk. We don't think
the city solicitor ought TO be repudiated
i'm this way
Mr.. Pollock then called for his
amendment ,-
objection 20 considering this paper?
Mr. Emsheimer-I have no objection
70 considering it, but 1 have 70 pass
ing 10.
Mr.. Pollock'S amendment was then
adopted, and the resolution passed, ayes
eight. noes two, the latter MeSSrs. Ear
rsH and Zarnitz. Mr., Emsheimer per
sistently refused 10 vote.