Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-03-17
'qHB JOINT COMMITTEE
ON THE WATER BOARD CONTRACT REPORTS
THE REPUBLICAN WAY.
They Find Nothing in the Contract to Prevent
Council From Making Change in the
Personnel of the Board.

Gil appointed to examine the water
Board contract with the Holly Com
pany, in order to see just what bearing
! the contract might have on change In
the personnel of the Board pending the
completion OF the work, met at the City
J Hall yesterday afternoon at four o'clock
with the members of the Board. All
| the members of both bodies were pres
ent. Mr.. Dobbins was made chairman
OF the joint session, and the resolution
! OF the Council being read, the Chair
sent for City Solicitor White, who was
In the building, as preliminary to look
ing over the contract. Mr.. Cruise
suggested that the contract be
read in full, or at least all portions
which had any bearing whatever on the
| clause directly bearing on the point at
/ Issue. The members OF the Board ex-
pressed an entire willingness TO have the
entire paper read for the information Of
the member OF Council, and this was ac-
cordinglY done.
| The paper being read, Chairman Dob
bins said the contract seemed to be a
very good one
Mr.. Cruise said he thought there were
two clauses which might have bearing
on the matter, but before he had point
ed them out, Mr.. Maxwell said he
didn't see how anything in the paper
could have a bearing on the matter Re-
Stunning, Mr.. Cruise said he and Mr..
Dobbns had had a talk with Mr.. Hill
dreth, who had put the matter in very
broad light. He said that whether
he did not want to interfere in such
matters, he would say that If the city
put incompetent men into the Board.
the Company would protest and hold
the city responsible. Mr.. Hildreth said
he would prefer to have the old Board
act. MIR. Gruse's statement was con-
frmed by Mr. Dobbns, who added that
Mr.. Hidreth had also said, in reply TO
leading question by him, that the con-
tract had been drawn with great minute
ness for the reason that it was a poit-
ical body, which might be radically
changed.
Members of the Board said all these
things had been discussed with the
Holly people, and great care had been
taken to have the works in the control
of the city, although she might not
have title to them. In this light the
Company insisted upon competent men.
The contract runs until 1903, and Mr..
Richards thought it was important all
along until that time that the works be
well taken care of. and If the point
sought TO be made had any force, there
should be no change until 1903.
Mr.. Cruise SAID that while that was
trne, in a business sense, the main
thing was to have supervision of the
work Of actual construction by the
original parties to the contract on be-
half of the city. The construction was
Of more Importance that mere opera
ton.
The clause upon which Mr.. Cruise
mainly stood was upon page Of the
contract, which set forth that 'the
party of the first part agrees further
that it will, at its own cost, promptly
make all repairs necessary TO maintain
said pumping engines and other prop
erty above mentioned in good condition,
and keep competent men in charge
thereof at all times, and to give said
engines, appurtenances and other prop
erty the same care and attention as If
they were the property Of the party OF
the first part
This, Mr.. Cruise maintained. was to
be construed that the members OF the
Board had supervision of the property,
and that, at least during the construc-
ton of such important work, there
ought not TO be change, II good public
policy was TO prevail.
After quite long discussion, during
which Messrs. Richards, Hamilton and
Maxwell thought there was nothing
standing in the way of complete
change in the Board, il desired, Mr..
Maxwell moved that a report be made
that there was nothing in the contract
in opposition to a change.
Mr.. Cruise wanted to have the opin-
ION of City Solicitor White, who said he
could not undertake to express an opin
ion until he had made a more careful
examination of the paper
Mr.. Cruise offered a substitute for Mr..
Maxwelrs resolution, laying the matter
aside until Mr.. White could investigate,
and said if he reported nothing unfav-
orable he would agree to-a report con-
tanning the spirit of Mr.. MaxwePs reso-
luton.
To this Mr.. Maxwell said he could
not agree, as there was no law in the
contract. but it was simple business
matter, and as two members Of the old
Board had been chosen, he could not
see that the third member had much
bearing even in business sense.
Mr.. Maxwell insisted on his resolu-
ton. making an immediate report, and
Mr.. Cruise offered his motion as sub
stitute, referring to the City Solicitor.
Mr.. PAUL said be could see nothing in
the contract preventing the election
OF one or three new members, and he
would vote for Mr.. Maxwelrs resolu-
ton. The question was put on the sno-
stitute, and it was lost, Messrs. Kenney,
Caldwell and Cruise voting for il. Mr..
Maxwell's resolution was then adopted,
Mr.. PAUL voting with the Republicans,
who thereby declined TO hear the Solicit
tors opinion. The report will be made
to Joint session, to be called by the
Mayor.