Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-01-13
Gas BOARD Investigation.
Legal Opinion as to the Alleged
Shortages 1t Revealed,
City Solicitor end MIR. Rucsell Adj
wise the City to Proceed to Re-
cover the Money Council Ac-
cepts the Advice, and Action
will be Brought in Court.

Some surprise was CItdleu III SiOS
Council at its meeting last night when
Clerk Dannenberg read the following
legal opinion concerning the alleged
shortages reported by the special com
mittee to investigate the conduct Oh
the Gas Board:
Wheeling. w. Va, January II, 1881;
Dir D. H. Taylor. Chairman OF the
Special Committee Of Council CT the
City Of Wheeling TO Investigate the
Affairs of the Gas Office:
Dear Strive have carefully eX-
amined the evidence which has been
presented TO us with reference to the
claims of the city against Henry tloer-
sboim. William II. Fee, c. w. RiXey
and J. A. Holiday and Son. WIN
regard TO the claims against Mr.. Floor
sheim the account was submitted TO
him and his attorneys. and the claim
was modified in some particulars IN
consequence of explanations made by
them.
After considering all the facts which
We have had before us, we deem II
proper to advise you that the city Is
entitled to recover from Mr.. fleor-
sheim as of December LIST, 1896, the
sum of SS,2G492. Interest has been
calculated on the different items up 10
December list. 1896, and will continue
to accrue from that day until the claim
shall be paid. We submit herewith
an account. procured by MIR. Robinson,
Of he various items which our 1nVes-
tigation shows TO be proper charges
against Mr.. Floersheim. TINS &C
count begins with an item July 10Th,
1890. to oVer-payment on one-halt ton
of coal at 81 .2915, seventy cents, and
ends with an item Of September 18th,
1896. over-payment on one hundred ana
thlrty-nine and $4,000 bushels three
quarters coal at 10 cents, 1882. with
II cents interest. amounting 10 Slf.O9.
After a careful examination OF the
other charges which were thought
proper to be made against Mr.. Floor
sheim by some Of those who took part
in the investigation, we have conclud-
ed that they we're not sufficiently es-
tablished and that the claim ought 10
be limited to the items set forth in the
accompanying statement. Mr. Floor
sheim submitted q contra account, the
items Of which we have also inyesti-
gated. and we think that 50. SO of prin-
cipal and 35 cents of interest, the in
teTest being calculated 10 December
LIST, 1886 should be allowed and should
constitute a credit on the city's claim
above set forth.
One OF the largest items in the claim
against Henry FlOersheim as it was
originally prepared, was an item charg-
ing him with the amount which the
city had paid for hauling the coal from
the railroad yard TO the Gas Works
during a period of about two years.
Because Of the large amount of this
item a very careful consideration was
given to il and. after examining all the
evidence with respect to it, We con-
Guided that it was quite clear that no
proper claim could he made against Mr..
Floersheim on account of this hauling.
We think the claim against William
II. Fee. amounting to 81 .634S7. not in
GLIDING interest. is sufficiently sus-
tanned by the evidence which has been
presented to us and ought to be en-
forced. The items of this claim are
shown in a statement which accom-
panies this letter
We think the evidence submitted to
Us shows a proper claim against c. w.
RiXey for balance of SOB 90. as of
January LIST, 1895. with interest from
that day. the particulars of which are
shown by the statement accompany
inc this letter.
The evidence submitted to us sufi-
GENTLY establishes a claim against J.
A. Holiday & Son for $40. So. with
interest from October ID 1895, as
shown in a statement accompanying
this letter.
No evidence has been submitted to
us from which ii would be proper to
infer that the members of the Gas
Board, as such, were guilty of either
criminal negligence or of other default
which would render them pecuniarily
liable with respect to any of the above
mentioned transactions.
All of which is respectfully submit
ted.
HENRY VI. RUSSELL.