Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-02-06
CHARLESTON END
Of THE SITUATION.
THE BILL IS EXPECTED TO COME
UP IN THE SENATE
TODAY.
OLD MEASURE GOOD AS DEAD.
A FEELING THAT THERE SHOULD
BE COMPENSATION
Fer the Existing Company, After it
Had Acquired Vested Rights From
the City Council-The Full Text of
The Proposed Amendment to the
Original Bill.
to the Register.


CHARLESTON, w. Va, February S.
The Wheeling electric light bill will
come UP in the Senate tomorrow
morning, when the amendments
agreed upon by the parties at inter-
est win be offered, adopted and the
bill sent to a third reading. The Reg
lister representative talked to a num-
Der of the members of the committee
sent here to aid in the passage of the
bill, and the concensus of expression
is that they found upon reaching here
that the measure in it's original form
was as good as dead; that the members
of the Senate regarded it as an at
tempt to confiscate property whose
value lay largely in the franchise Sc
cured from the city years ago, without
faint of fraud or shadow of wrong.
That franchise, the Senators say, had
seven years of life left, and they did
not believe it would be right to pass
a law that would help to take away the
rights of its owners Finding that to
be the case, the question was, could
they reach a compromise that would
put the city of Wheeling in better posi-
ton than it was under the present law.
AS it now stands there was a POSSIBLE
ity that if the city undertook to pur-
chase the plant it must also purchase
the franchise from the company. In
der the compromise it will be required
to purchase only the physical assets
of the company in the city of Wheel
ing. This would preclude any discus
sion of the obligation o. the city to
buy the franchise, or to buy the ply
steal property of the company extend
ing over to Bridgeport.
Taken all in all, they thought they
were getting more than they had I'M
der the old law and they thought it
better to take that than to stand out
for more when they were positively
assured thy would get nothing at all.
There is another thing, too said
Mr.. S. A. Thompson, Secretary OF the
Board of Trade, land that is that the
Board of Trade vas organized to get
as much outside capital as possible to
come into the State. Now, if we
should go in and by the assistance of
the Legislature, contiscate the proper
ty of a corporation that had made
investments in the city in good faith,
we would not get outside men to put
money into Wheeling enterprises at
all. We would have a hard time sell
ing municipal bonds, which nov COM
mand a premium"
An agent Of the electric light COM
pany said tonight mat the committee
found it had been whipped before 1t
got here, and the best it could do was
to take the best the company was will
ing to allow it.
Not to exceed three votes would
have been registered for the bill in the
senate" he said, and possibly only
two"
The full text of the amendment to
the bill is as follows:
But the city, before offering to sell
or selling any electricity or products
thereof to private consumers, shall
purchase all the physical assets be-
longing to the Wheeling Electrical
Company, located within said city, ex-
elusive of franchise or good will, at a
price to be agreed upon between the
city and said company; and in event
of them not agreeing upon such price
the same shall be determined by award
in writing, of a majority at least Of a
board of arbitration selected in the
following manner
"One member thereof by said city,
4 by said company, and the third by
the two thus chosen, and if, however,
two shall fail to agree upon a third
member within 80 days from date Of
their appointment, then the third shall
be selected in the ~fo--owing manner:
The said city to file in the circuit court
of Ohio county, after giving said COM
pany five days notice, its application
for the appointment of a third mem
Der of said board. Upon the hearing
OF the said application said court shan
appoint such third member of said
board and shall enter on record an Or
der to the effect. and the decision of
a majority Of such board constituted
in the latter of said ways shall be
final; and if, however, said company
shall fail to appoint an arbitrator here
under within thirty days after a no
tice in writing from the city it is de-
sired that such appointment shall be
made, or in event such company shall
fail within thirty days after such
award shall have been made, to trans
fer and convey to the said city unin-
numbered the property so valued upon
the tender of amount of said award,
then and in either event the city shall
not be required to purchase any OF
said company's property as a condition
| precedent 10 it's having the right to
sell electricity and products thereof
g. 49, o,,I oil y,rDncaS