Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1896-03-25
THE OFFICIAL REPORT
Of City Solicitor S. 0. BOyce on the
Coal Contract
Feature of the Report of the Gas
Works Investigating" Commit
tee-A Compact Statement of the
Legal and Actual Facts Figuring
in the Case.

Following is the full text of the re-
port of City Solicitor Boyce. read be-
fore Council. last night, on one feature
of the report of the Council Commit
tee TO Investigate" the city gas works:
Wheeling. W. Va. March "a 1896.
"To the Honorable Mayor and Council
of the City of Wheeling.
Gentlemen Council. on the 25th
day of February. 1896. upon the report
of its Committee appointed to invest-
gate the gas Office Of the city, referred
to me for settlement a claim against
Henry FlOersheim aggregating over
$4,000. I have thoroughly examined
and investigated considerable por-
tion of said account and the facts sur
rounding it. and beg leave TO report
my conclusions and findings to YOU.
'Jn September 1884, Henry Floor
sheim entered into a contract 10 de-
liver coal for two years to the city for
the gas works delivery AT the B. e o.
railroad yards. hauling from the B. &
O. Yards to the gas works TO be done at
the expense of the city. and at that
time the city advertised for bids for
said hauling. entered into a contract
with the successful bidder. and the
hauling was done by the city. and paid
for by it. Every succeeding two years,
this contract was renewed by the Gas
Board Trustees by a memorandum of
renewal on same terms and conditions
and executed by FIoersheim and the
Trustees. and i'm conformity herewith
the hauling was regularly done by the
city and paid for by her. until Sept.
16 1898 when the memorandum of re-
newal executed by all the Darties TO
the contract stipulates that Floersheim
shall deliver the coal at the works.
FlOersheim asserts that the words de
livery at works" was a clerical error.
He is supported in this by ex-Trustees
II. II. Dunlevy and A. J. Schultze. eX-
superintendent s. NJ Darrah. eX-Secre-
taries George He'll and W. Fl. Fee. the
third Trustee. William Schaefer. being
now dead. Schultze and Dmlevy were
parties TO the contract. The other par
ties claiming to have been conyersant
with all the facts attending and sur
rounding the making of this
contract. and they all swear
that delivery at the works"
is a clerical error, and every one Of
them understood and intended that
the delivery should be- and in fact was,
done by and at the expense Of the city.
file with and make a part of this re-
port copies of the afhdavits of all the
above named gentlemen.
The position taken by the above
named gentlemen is as YOU will see,
supported by corrOborative evidence,
On the 31st day of August. 1893. the
Board Of Gas Trustees met, and the fol-
lowing is copy of their proceedings,
to be found on page 232 of their min
utes. viz:
Present: President Dunlevy and
Mr.. Schafer also Superintendent Oar
rah and Capps. On motion, resolved
that the coal contract between the
Gas Trustees and Mr. H. Floor
sheim be renewed for the term Of
two years at same price as last year:
all other conditions the same These
minutes are signed by II. II. Dunlevy.
President, and are i'm Secretary HeiIs
handwriting. apparently.
The contract for hauling the Floor
sheim coal from the yards TO the works
was given to c. w. Rixey on March 10.
1893, to expire March 8. 1895. and this
continued all the way through. | mean
Mr.. RiXey. during the period of the
contract of Floersheim. from Septem.
ber 1898. to September. 1895. hauled
the Floersheim coal from the yards to
the gas works under a contract with
the city, and was paid by the city the
sum of S5.631.13. The Gas investigating
committee recommended to your hon
orable body that under the contract of
September. 1893 Mr.. Floersheim is liza
BILE for this. and YOU called me to COL
lect the same from him. In view of the
above. l say that all the evidence shows
beyond reasonable doubt that Sec
rotary He'll made a clerical error when
he drafted the renewal of September.
1893; that the city cannot and ought
not 10 recover from FlCersheim one
cent Of above amount Of s.. 621. 13 paid
RiXey for hauling: that if the matter
was litigated the minute all the parties
TO the contract, the party of the first
part and the party of the second part
swOre there was a clerical error in
making the renewal read DELIVERY. at
works the Court would very prompt
~ order the same corrected. and decree
that the contract i'm fact was on the
same terms and conditions as all the
prior and subsequent contracts. to-wit:
Floersheim delivering at the B. & o.
yards. and the hauling from the Yards
to the works to be at the expense of
the city. I have not had the time to
examine, or rather to ascertain. the cor
rectness of the other items: indeed. the
other parties have an expert accountant
now working on all the matters con-
tanned in said committees report. and
deem it Unvise for me to proceed any
further until his report is made and
have the opportunity to examine and
compare his findings with those Of the
accountant employed by the city. In
view of the premises and because Mr..
FlOersheim is still furnishing coal to
the city. and will continue to do so.
ensuring always sufficient money in the
hands of the city TO meet any balance
due from him, I would recommend that
the Gas Trustees be instructed to pay
him any account that may be due him
for coal already delivered and unpaid.
I file herewith statement of the
amount paid Rixey from September
1898. to September. 1885. for hauling
amounting to 1851 10. and which your
honorable body asked me to collect
from Mr. FlOersheim. and which for
the reason above set forth I now, in
conclusion, say the city has not
shadow of a right to claim and which
she could not enforce in any court.
Respectfully submitted.
80 q DOVNE