The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1900-06-22

then Councilman Moore moved that
the rules be suspended and the follow
ing ordinance repeating the one-third
street paving ordinance be passed
Be 1t ordained by the council OF the
the city Of Clarksburg
That the ordinance, entitled, ian
ordinance in relation to paving and
sewering the streets Of the city upon
the petition Of property owners" pass
ed May 4, 1900, be and is hereby re-
pealed.
Councilman keenan, announced his
vote against the repeal Of the street
paving ordinance, believing 1t to be
the only proper plan.
Mr.. Moore informed the council that
the ordinance they sought to repeal
was not worth the paper 1t was written
on, and cited number Of legal author
titles on the subject sustaining his
position and more particularly allud-
ing to the case OF the City Of Parkers-
burg VS.. Tavenner. He expressed
himself as favoring the one.third plan
but claimed an amendment TO the city
charter was necessary to adopt that
plan.
Mr.. Ernst seconded Mr.. Moore's
motion.
Mr.. Kearns denounced the repeal OF
the ordinance as unjust to and an out
rage upon thesuburban taxpayers and
said it was backward step. He in
sisted that II the necessary petitions
for paving to fulfill the contract could
not be secured, that an effort be made
so as TO pave Pike street between Sec
ond and Fourth and devote the re-
mainder of the contract price OF S15,-
600 to the sewering of the city.
Chairman Will Thompson OF the
street committee said he was an ar
dent believer in the one-third system,
but the situation was such that only
one OF three things could now be done,
namely, to repeal the ordinance,
change the contractor proceed to pave
the business square, in his opinion the
latter being the only feasible plan now.
He preferred to sacrifice the point Of
paving by the one-third plan than see
street paving killed.
Mr.. Keenan, thought it was a late
day for the street committee and
council to ascertain that an illegal
contract had been made.
Mayor Thompson called Mr.. Moore
to the chair and addressed the council.
He stated that while the former or
dinance had been passed without his
scrutiny, he could If the council deem
ed proper draft an ordinance that
could not be attacked. He raised the
point that the charter gave the right
for the city to accept organic law of
the state aud that an ordinance, EN-
bodying certain acts OF the legislature
relating to street paving, would be-
come an amendment to the city char
ter and confer upon the council the
power to pave by the one-third plan.
After considerable further discus
sion, the repeal OF the ordinance failed
on a vote for the suspension of the
rules by q yoteof 8 for and twoagainst,
eight being necessary to suspend.
Councilman Keenan, and Kearns voted
against it.
Mr.. Moore moved that the paving
and sewering contract be fulfilled I'M
der the supervision OF the street super
intendent and street committee ac-
cording to the plans and specifications
and that the treasurer meet the pay
ments when they fall due and are
properly certified, Mr.. Kearns offered
an amendment that the street COM
mittee be instructed to confer at once
with the contractors, and, II possible,
secure modification OF thecontract
so that the entire contract could be
devoted to sewering and curbing. The
amendment was voted down and Mr..
Moore's motion adopted. The effect
of the motion is an abandonment OF
the one-third plan, and the paving and
sewering OF the business square by the
city alone.
Chief of Police Childers rendered his
bond OF s., 600 with J. L. Williams, G.
W. Ash and DR.. NJ. J. Bartlett as
sureties. This provoked another breezy
time. A motion was made that the
city attorney be directed To proceed to
collect from Mr.. Childers aud his
former bondsmen the sum Of S237.50,
the council claims is due frum Mr..
Childers on last years account and
suspend him until it was settled.
Councilmen Thompson ana Siers as
sailed Mr.. ChilderS in severeSt terms,
while Councilman keeenan and kearnS
as ably championed his cause. The
order TO suspend hip was stricken out