The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-03-09

Initiative In tho Celebration AiMir
The favor with which the first branch
Of Council has seemed to regard tho
proposed compromise with the Natural
Gas Company OF West Virginia, proved
last Oycningto be a criterion bywhich TO
Judge OF its success in running tho
gauntlet OF thcsccond and more popular
branch. Last night tho resolution rs
proposed to the joint committee and nj.
ready printed in tho 1NrrLLlGEScEn,
passed the first branch by a big majori-
", but when it reached tho second was
showed under by rs large majority as
signalized its success inpassins the first
branch.
When the resolutions werc read i'll
the first branch, Mr.. ?. F.Furrcll, who
occupied the chair in the absence oftho
mayor, said:
81 am unable 10 understand tho pur-
pose OF the paper. Accordingto rule"
here Mr.. Farrell read tho rulc-''no
ordinance be amended by its title
only, but the entire ordinance must be
amended. Therefore it would seem TO
me that the resolutions proposes to do
something which is illegal"
DR.. Caddln reminded Mr.. Farrell that
City Solicitor Riley had been advised
with on this subject and he had assert
ed that the resolutions, passed, would
have the effect OF an agreement, and
that they dio not purport to amend the
ordinance.
Mr.. Pollock remarked in tho event
that the resolutions were imperative,
tina: they certainly could not injure the
city's interests; that tho gus company
was the one seeking relief. and that lit
was satisfied with the resolutions, the
city certainly could afford to allow them
to pass, ii, ms argued by Mr.. Farrell,
they were illegal. Mr.. Pollock offered
tho following amendment, to be added
10 tho resolutions: Nj
it not being the intention to amend
or repeal said ordinance or any part
thereof, but to suspend its operation
TO the extent hercinbciore provided, SO
long rs the said company shall comply
with the provisions OF the agreement
herein authorized.
Mr.. Emshomer claimed that by pass
ing the resolution Council would vitiatc
the original ordinance, and that, to
grant the gas company the relief asked
ior, Council would have to amend the
ordinance itself. Tie said -ho did not
want the gas company to doa.what was
impossible, but he did want the whole
matter done in legal manner.
Mr.. Robinson said that surely no
member Of Council would claim that an
agreement signed by the mayor, who
was authorized to do so by Council,
would not constitute contract. with
the official seal OF the natural gas com
pany attached to the same agreement.
The city solicitor had advised Council
that the resolutions were all right, and
that ii his advice. were to be disputed,
the city would bettor get new solicitor,
and get him quick.
Mr., Emsheimcr-"I don't care what
the city solicitor thinks. Every man
here has right to his opinion; mine is
that the resolutions are Illegal"
Then why pay him 81 900 year?"
Mr. Pollock Everything is ON the
clty's side, according to the statements
even OF the gentlemen opposed to the
resolutions. ii, as they claim, the ordi-
nance can't be changed then the city
is whore she was before, and the gas
company has gained nothing"
Mr. George Caldwell desired to be
heard or behalf OF the gas company,
and was accorded the privileges OF the
floor. Ito began his statement by say
Ing that he did not desire to antagonize
the opinions OF any members OF coun-
Gil, but wished to mako an explanation
Of the situation. The city solicitor,
when the matter was submitted to him,
had advised the joint committee that
1t was not necessary to amend IN ordi-
nance, when it was desired to release
some Of the obligations required by tho
city. The city solicitor himself had
written the amendment to the rcsolu-
tons offered by Mr.. Pollock. "lf tho
resolutions are no good" said AIR. Cald-
well, nobody is in the hole but tho
company; the city will not bc hurt.
The company is satisfied with them,
and asks that they be passed"
The motion TO adopt tho resolutions
was passed by vote OF Sto2. Messrs.
Farrell and Zarnits voted no, and Mr..
Emshcimer asked TO be excused from
voting. The latter gentleman had al
ready stated that he did not object to
relieving the company from what it was
impossible ior them to do hut that ho
wanted the thing done legally, and did
bill.
When the resolutions were presented
Ill the second branch, tho motion to
concur in the action OF tho first was lost
by Vote OF - TOT. Mr.. Brock thought
something ought to DO done to relieve
'he gas company OF the load it was car.
Fylng, lie wanted to know ii council
WAS willing to do anything to this end,
and TO test tho matter offered motion
loappoInt conference committee.
Predident Jcpson remarked that
none OF the gentlemen voting against
concurrence had given reason Tor so
voting, and he supposed, from the vote
Just cast, that it would be useless to ask
Tor conference committee.
Mr.. Robortson-"I am perfectly will
ing to give my reason. The old ordi-
nance is good enough for me, and
'hink the company should live up to it.
Mr.. Brock--'Every member Of Coun-
ell will admit that the gas company is
not making money, and by attempting
10 compel it TO live up 10 the original
ordinance every gas consumer in the
eIi;yis being injured. 1t is bcttor to
tSke half 4 loaf, il you can't got n
whole one. 1t will be a serious thing
10 deprive the citizens Of this luxury Of
gas. and hnlinun il thev uorn nllnmnd