The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1896-11-28

Somhi'ssioh tive Eheir Interpretation
OH n Most Important Matter.
It had been called to the attention
OF the In~iellisencer that many c~i,izens
were doubtful of the true intent and
meaning Of one section OF article Ill,
OF the new city charter, rc-
Iating to the forfeiture OF franchises
to council or to a company designated
by council. at the time OF their expira-
ton. Yesterday several OF the mem
bers OF the charter commission which
framed the new charter, were seen and
their interpretations secured. It
will be seen that the interpretations
differ, and one member OF the commits
sion went 80 far as to admit that he
had not realized what the section
meant. The section Is No. 6. as fol-
lows:
The council shall, IN suitable practc-
able terms. make II an express condi-
ton OF the grant OF my such franchise.
where, IL Is for q work that Is useful
chiefly to the local public. that at the
expiration of such franchise. the gran
9tee SHALL. II required by the council,
sell and transfer to another person or
company. 90 be designated by the coun-
ell. the physical plant, at what 1t is
then worth. Independent % any value
based upon the earning power thereof;
and may also provide 4 means. by ar
bitration or otherwise. FOR determining
what such value Of the plant mas be.
DR.. r. ". Hazlett was seen and said
that the section was plain. as 1t stated
that It covered only such franchises
as were "for a work that Is useful.
chiefly to the local public" such as the
gas works was before the city purchas-
ed It.
THE section Is based upon the line
set down In the agreement made in
granting the franchise to the company
which was organized 10 operate the gas
works. You will observe that no fran
chise can be given under the charter to
exist more than thirty years; at the
expiration of that time 1t Is only fair
that II the city council desires to make
a change it may do so. in the manner
expressed In the section referred to.
The doctor turned 10 the act passed
by the state legislature March Is, 1850.
incorporating the Wheeling Gas Com
pany, in which 1t is enacted That
upon the expiration of twenty years
from the commencement of the ex-
elusive privilege granted. and within
six months thereafter. the said city of
Wheeling shall have the right at the
discretion of the council thereof and
of which notice shall be given In writ
Ing 10 said company. TO purchase the
p . rs a, i. .rf. - 700 tt,C E~-
lures. and property of said company,
or to submit the matter TO an arbitra-
tion committee. The said arbitrator.
in making their award and ascertain
ing the value. shall have regard alone
10 the then actual value in money OF
the lots or grounds. buildings. appar-
atus. works and fixtures of said COM
pany. and shall not consider the value
of the franchises OF the said charter, or
the dividends or profits accruins 10 the
stockholders"
"You ses.' said the doctor, this was
done in order that the citizens might
be benefited by the purchase OF the
plant al the expiration of the franchise.
under which the company was allowed
to charge IS high as 50 50 per thousand
feet for gas. while to-day We make u
own gas and sell it for seventy-fye
cents.
THE idea OF this section in the new
charter is TO make 1t possible for the
%city co do this at the expiration Of any
franchise, or II the business Of the
companyowninH the sameisnoeconduct-
ed as It should be. the councllmayrequirc
the sale OF the physical plant at what
St is then worth, independent OF value
based upon the earning power thereof.
BY this no company car. at the eSpi-
- ,o tipp ~ Ire Sr1rpbiCa nfrL IN IFS ira ms
and move, but will either have to con-
tinue 10 operate them right or sell to
some person who will"
Mr.. H. P. McGregor. one OF the citi-
zens-at-large members OF the charter.
commission, was seen at his place OF
business on Main street Mr.. McGregor
read and re-read the section. His Inter-
probation was that It requires council
20 sell a plant to the city or TO another
company, at the expiration OF the fran
chise.
ut strikes me as a queer kind OF pro-
vision. anyhow. Until you called my
attention to this section, I was not
aware OF its real provisions. II was
discussed in detail In the sub-commit-
tee, but In the general committee meet
Ing it was disposed of without discuss
ion. It Is an unwise provision in my
opinion; II the section provided only
that the city should buy the plant. 1t
would be all right. but that another
I company should profit by the work OF a
concern In building up a business.
seems wrong"
Colonel Jere A. Miller. OF the Bank
of the Ohio Valley, spoke OF the sece-
ton at some length. but did not care
70 be quoted. He said, however. that
there are other clauses In the charter.
by which the city is to receive n per-
ceutage Of the receipts OF companies
working under city franchises. He sus-
gested that the reporter see Mr.. Frs
kline, the attorney who drew up the
charter. and get his Interpretation.
MIR. C. L. Ebeling was seen at the
Dollar bank, and his view OF the mat
ter was that the section was Intended
mainly to cover railroad switch grants.
He cited the grant 10 Mr.. .Reymann,
for a switch on Sixteenth street. which
was only given under the impression
that he would erect n large business
house. which has not been done. He
claimed the section was not to provide
for the arbitrary sale OF plants at their
actual property worth, but for the
franchise only. Council cannot, said Mr..
Epellng. take away the pant OIL d
company arbitrarily. 1t can only take
back what It grants-the franchise. or
course. the question Is: What is meant
by physical 'plant?"
Councilman Alfred PAUL. who is
another member OF the charter COM
mission was seen at his Office In the
Peabody building. He didn't know
whether he could give an i%rterpreta-
ton OF the section. However, afteD read
ing the section carefully he gave as his