Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1896-01-11
IN IMPORTANT CASE
Involving the Question Of EzOrbitant
Wharfage Rates
Grows Out of a Suit Against the
Master Of the Ben Hur-Win be
Made a Test Case-Movements
Of the Packets and Other River
Happenings.

The evidence was heard by Justice w.
H. Caldwell yesterday afternoon, in the
case of City of Wheeling against Fred
Kemple, master of the Steamer Ben
Hur. The city was represented by S. O..
Boyce, Esq, and the defendant by Judge
Melvin. Several witnesses were exam
ined, and counsel agreed as to the facts
in the case. Judge Melvin made brief
statement. and Solicitor Boyce will file
brief to-day.
The case is one of considerable i'm
portance to the steamboat interests, as
it involves the right of the city to col
lect wharfage from the steamboats, at
the present rates. The amount of wharf
master Norrington's claim against the
Ben Hur, at the time suit was entered,
was about $40, and has since been in
creased to $103. The Ben Hur has not
paid a cent to the city since the second
week Of Mr. NorringtOn's incumbency.
The same statement is true Of the boats
of the Pittsburg and Cincinnati packet
line against whom Mr.. Norr.ngton has
a claim Of Sal. When he was in Pitts
burg last week, Mr.. Norrington was told
by superintendent Henderson Of the
packet line, that his company and other
steamboat owners, were behind Captain
Kemple. The suit was brought at the
suggestion of Captain Kemple. the in
tention being to test the validity of the
city ordinance providing for the cOllec
ton OF wharfage.
The present controversy dates from
the time Mr. Norr.ngton was elected
wharfmaster. His predecessor, Capt.
John CrOckard charged less than the
rates provided in the city ordinance,
finding his authority in schedule
prepared by a wharf committee of Coun-
Gil several years ago. Mr. Norrington
hunted up the ordinance, and charged
accordingly, the rates being based on
the tonnage Of the steamer. The Ben
Hur was charged $3.50 for each landing,
and Mr. NOrrington claims that to be
the smallest charge which can be made
under the ordinance, asserting that he
could charge SO per landing # he so de-
sired. Boats like the Jewel pay 70
cents landing, and the Cincinnati
packets 1925 a landing, or $3.50 for each
round trip.
The steamboat owners have contend
ed that the charges are eXorbitant.
They claim that the wharfage IS higher
at Wheeling than at any point between
Pittsburg and Cincinnati, including
those two cities. Captain Kemple stat
ed yesterday that the charge at Pitts
burg IS two dollars for the first landing,
three dollars for two landings per week,
a dollar for each landing if more than
two per week, and so forth He thought
the city would pay him for landing, if
he made ten or twelve trips per week.
The steamboat interests have asked
that the wharfage charges be cut in
half. It will be remembered that an or
dinance embody,ng their wishes was
recommended by the Committee on
Wharyes some months ago, and was de-
feated in the Second Branch. The Reg
;ster has favored the abolition of all
charges. and the Chamber of Commerce
has become interested in the matter re-
Gently. II IS very likely that Council
will take some acton N the near flu
ture
A Steamboatman who talked about the
matter to a Register reporter last night,
sad: There is another interesting
phase of this matter. Take the boats
which are owned in Wheeling. The
property is assessed and the owner pays
taxes upon t, and IS called upon to pay
another tax in the form of wharfage.
This is man:festly Unjust"