Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-01-11

ODJ -Ct4O4 ~ vs. ~ N+--J q"
Build Up the U, S. Navy-Citizens
VIII Take Legal Action to Enjoin
Council fro "a ApprOpriaCing
Money to Pay for Presents to the
Gunboat Wheeling-Legal Phase
ofthe Matter.
An interesting situation has arisen
in regard TO the proposed appropria-
ton by the city Council for the china
and glass service and punch bowl to
be furnished the gunboat Wheeling,
now in the course of construction at
San Francisco Tuesday night the
committee appointed by Council to or
der the presents, viii make their re
port to Council and ask Council to
make the appropriation.
The cost Of the articles to be pre-
scented viii amount to $1,000, divided
1 as follows: Punch bowl, $500; china
service, $3.50; glass service, $50. II
. Council orders the money to be app.O-
tg.ated for thai purpose, peculiar
situation viii stare them in the face,
as arrangements have been made TO de-
feat the plan if Council determines to
carry it out.
This viii be done by injunction, the
last legal method that is usually
adopted. There is no doubt that sach
a method viii put an efectual stop
TO an appropriation by the city for the
purpose intended. This can be accom-
p.ished 10y the petition Of any citizen
OF the city to tic Court for an in
Junction to RESTRAIN the city from APP
proDriating money for any purpose not
given TO it by lis charter or made nee
essary in the administration OF munic-
ipal affairs.
That this can be done IS not question
ed. and IS the opinion among the legal
fraternity. The matter has only been
carried through Council thus far on
the presumption that no citizen would
care to interfere. Such is not The
case. however. and at least one citi-
zen and property owner Of Wheeling
has declared his intention of enjOininS
the city if the matter is passed by COun-
ell
The gentleman referred to is Mr..
w. T. Colts, who is now engaged with
the city in a legal controversy and who
won a suit recently in the Circuit Court
in a dispute with the city over the
ownership Of land in the East End.
Mr. Colts has been strongly opposed
from the beginning 10 the proposed
appropriation iIe stated last night %
a Register reporter that rot only him
self but a number Of business men
of the city were against the idea and
would contribute 20 defeat It, He
said he would head the list and give
So to pay the costs Of the lceal action
to be brOurht. if such action is made
necessary. Such on action IN the part
of Council was unlawful he nd. end
they had no right TO appropriate the
peoples money 90 build up the United
States navy. Instead Of il being given
for that purpose 10 should be used 10
pave the wharf or pave our streets. or
20 make various improvements needed
about The city. Ii was Mr.. Cots opin-
ion that the city was very eXtrava-
giant and careless with the peoples
money TLoy not Only contemplate
misapuropriafin 81 goo. but had cX-
pended In g. ding UD the new charter
81 500 for printing and attorneys fees.
The legal preparation Tor Che case
If am Injunction is made necessary has
been put into The hands Of w. c.. pa
-eIe0n. prominent attorney Cf tie
city
Mr.. Patterson was seen by q Regis .
ter man last nieht and SAID In connec-
ti0n with TIE matter that "tais pro-
posed act of the Council is beyond the
power Of tine Council TO grant IL is q
maxim of law that no corporation can
do an act or authorize an ac, which is
not expressly granted by the terms OF
the charter which gives the corporation |
life. This proposed act 10 pay out the
citys money for the purpose named is
ultra wires. that is. such power is not
conferred UDOn the city by its char
ter. nor can IL reasonably he inferred /
from the terms of the City's charter.
All appropriations authorized by the
city's charter are those only which |
are necessary for the payment OF the
necessary expenses OF running ,he city
i'm q proper manner. The payment Of
any amount for the purpose intended
by this proposed appropriation Is not
within the right Of Council, as the city
cannot be identified with il in any way, /
and therefore does not come under the
item of necessary expend lures for car
rying on the city's affairs.
The probability is thar the Council |
will be compelled to drop the matter,
and if the new gunbOat Wheeling is to
get the handsome china and glass SER /
vices. and the beautiful punch bowl /
ordered. they viii have to be paid for
by popular subscription. This has
been the plan proposed by members cf
the Council who opposed the idea
strongly of the city using the peoples
public funds for that purpose. 1t is
also argued that if the city made the
apDropriatiou, il would establish bad
precedent for the use Of money
for similar purposes i'm the future.