Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-05-05


out compensation. Judge Dillon says:
II WAS not the intention Of the Con-
SutuuOnal amendment 10 create a right
ana 10 give a remedy in all cases of c~l-
Sequ5ntial damage which may result from
the exercise OF legislative power in max
ing improvements. or even from the APP
preparation of private property or for in
lurles 10 private property FOR public use
a city, for example under legislative au-
thorlty, might condemn land for the pur-
pose of establishing a hospital, which. II
established. would have the consequential
erect TO injure or depreciate the market
or actual value of the property in the
neignborhOod Such injuries. however
would not, in our Judgment be withiG
the Constitutional amendment
Also, in note /, .. 49,, he says, citing 43
y. 10. 1HH: The Legislature may, with
out providing for compensation to adjoin-
ing owners. provide for closing one public
way to their property if another is left
open. In the text he says the Legislature
may invest the. municipal corporation
with this authority.
ON the other hand. Lewis Eminent Do
nam, sec. ~, asserts the right of one
whose property does not abut on the part
OF the street closed, TO recover damages.
city OF Chicago Y. Burchy. u n. E.
Rep, l1S. was a case very similar to the
present one. and damages We're allowed.
but that case was stronger, because all
access was shut off fiDm the south and
west. | admit that since our Supreme
Court has never been called upon to aoiu-
dictate this precise question. no opinion
could be free from doubt. but in my opin
ION. the authorities and cases, as a general
rule. with some exceptions, hold that
damages would not accrue.
In view of the conflict of authorities and
Of the extent of interest involved, / Will
say that the city should require an indem-
nity agreement from the petitioners, so
that the city viii be secure. If such an
agreement be made, the La Belle Company
will he liable TO the city for any damages
3D. n. suffered
city,
a general discussion followed, the
central thought of which was sugges-
ton by Mr.. List that the Mill Company
should give a guarantee that factory
would be erected on the street TO be
vacated. within some designed time,
this in order that the street might not
be used for a dumping ground or for
some other general purpose. Finally,
the whole matter was deferred, on
motion by Mr.. Bachman that the Solic-
itor draw a new ordinance. better pro-
tecting the rights of the city.
During the discussion Mr.. Clarke
stated that the Company was ready to
go ahead with its improvement, as soon
as the new street along the south bank
Of Caldwelrs run was ready, and that
work on this street would be pushed
as RAPIDLY as possible. AS a matter OF
fact. the Mill Company had proposed TO
stake out a new building, covering
portion of Thirtieth street, the present
week.
As the matter now stands, the city
will obtain from the Mill Company, in
exchange for Thirtieth street, from the
alley west of the Bender property west
to Woods street, land, free, for street
thirty-siX feet wide, on the south bank
of Caldwells run, extending from
Woods 10 McColloch street, and in ad-
dition the Company will erect timber
retainire s,all on the south side OF the
run, according to plans prepared by the
City Engineer.
The next matter to come before the
Committee was the petition and ordl-
nance of the Peoples Telephone ana
Construction Company of West Nlr-
einia. two ordinances in whose favor
have already been enacted by the city,
bur under which no work was ever
done by the Company The Company
rights lapsed something like TWO
mCnths ago. The ordinance was READ
in full by the Clerk and Mr.. List
moved to refer to a Subcommittee Oh
two and the chair, to be printed ana
for careful examination. To this MT.
Cowden. for the Company, introduced
a protest. saying. among other tnlngs'
that this Company was now Wiling
and anxious to 90 ahead with the WORK.
which would take years time to COM
Dlete The resolution was adopted
with but one dissenting vote, ana Mr.
Baird appointed as the subcommittee
Messrs. List and Fair.
When the Committee first met, res
olutios vas adopted ordering the prep
aration of an amendment to the annual
license ordinance making the license
tav on billiard and pool tables $50 Tor
the first table and SO for each succeed
inc table. The existing rate is so for
och Of the first three taEles, and STU
on additional tables.
A proposition to remove the llceusS
fax of 81 a day on base ball and football
Games was rejected. 1t was stated
however. that as matter of tact, sucn
license had never been paid. which IN
dictates a neglect of duty on the part
of some official
An ordinance was ordered drawn re-
oniring the B. & O. K. r. Co. to erect
a cate at Sixteenth and Main streets.
HEALTH COMMITTEE.
The Committee on Health recon-
mended for payment bills aggregatng
Q116 Ga
The report Of the Superintendent OF
-, ..o,,,,,r,, showed that during the