Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1901-07-07


throughout the city that next year the
City Council will be asked to grant an
extension of franchise to the Wheeling
Railway Company.
This idea is erroneous. The charter
of the company. as passed by Council
August 8, 1887, Is perpetual, there being
no clause of limitation but there is a
provision, in Sec. 2, that the Council
after fifteen years from the date of the
passage ofthe franchise, may levy taxes
as upon other property. This period oil
fifteen years will expire August 9Th OF
next year, and this is the matter upon
which Council will be called to act, with
pany The charter of the Citizens
Company, renewed September IL, 1882
does not expire until 1912, the ordinance
in existence being a renewal of the orig
inal fifteen year ordinance passed Au-
gust IA, 1866. A resume of the situation
Is that the Citizens Company Is indie
pendent for eleven years to come, while
the Wheeling Company is only interest
ed as to the question of taxation.
The facts are these:
The ordinance passed by Council Au-
gust IA 1866. to the Citizens Railway
Company, in Sec. /, granted "The ex-
elusive right and privilege OF making
and constructing street railway tracks
on and over the streets of Wheeling
for fifteen years from the passage of
this ordinance"
And in Sec. Council agreed that 1t
would not during the said time and
term of said exclusive grant and privi-
lege to said Company, tax the capital
stock Of the company, belonging to the
company, or the railways or tracks,
cars, horses, depots or standing grounds
of the company; nor will the said cor
porate authorities of the said city tax
any other property of the company, real
or personal, at greater or higher rate
than they tax like property belonging to
others than said company; and that
said city authorities shall not and will
not, during the time of this exclusive
grant, lay or levy any tax, charge or
burden upon the tolls, fares, profits or
business of the said company, or upon
persons or property, because or by rea-
son of the same being carried or con-
yeyed or designed or intended to be
conveyed or carried on said railway or
ears of said company; but nothing
herein mentioned is to be so understood
or construed as to impair the rights of
the City Council or authorities to tax
the capital stock of the company or
profits arising from its business, when
the same is in the hands of, or belong
ing to individuals or other corporations
in Wheeling, as the separate property
of such corporations or Individuals
This ordinance was supplemented,
September u, 1882, by an ordinance ex-
tending the franchise of the Citizens
Company for thirty years from that
date, and sections s, and 10 empower
ed the city to collect taxes from said
company, Sec. saying: Said city
shall have the right whenever hereafter
it desires to do so, to assess by ordt-
nance and collect from said Railway
Company, tax of twenty-five dollars
per annum for each year used by
said city during the whole of the year
preceding such assessment, and pro-
portionate amount for cars so used, dur
ing said year for less period than the
whole year." to which the Company
agreed while in Sec. 8 the city was
authorized to levy taxes upon the prop
erty of the Company as on other real
and personal property in said city
These stipulations were confirmed in
subsequent ordinances granting the
Company additional rights.
We now come to the original ordf-
nance granting franchise to the
Wheeling Railway Company, passed
August 8, 1887. This ordinance is per-
petual, and as to taxation, Sec. 2 saws:
Sec. 2. That the council of the city
of Wheeling, or other corporate authori-
ties of said city, shall and will not dur
ing the term of fifteen years from the
time of the passage of this ordinance
tax the capital stock of the company be-
longing to the company, or the railroad
or tracks, cars, motors, depots or stand
ing grounds of the company nor will
the council or other corporate authori-
ties of the said city tax any other pro-
perty of the company, real or personal
DIT IL greater vi ulSlcl ldlt ludu luty leA
like property belonging to Others than
said company; and that the said city
authorities shall and will not during the
said term of fifteen years lay or levy
any tax. charge or burden upon the
tolls, fares. profits or business of the
said company, or upon persons or prop
erty because or by reason of the same
being carried or conveyed, or intended
to be carried or conveyed on the rail
way or cars of said company. But
nothing herein mentioned is to be Sc
understood or construed as to impair
the rights of the council or authorities
of the said city to tax the capital stock
of the said company, or the profits arts
ing from it's business when the same is
in the hands of or belonging to individ-
uals or other corporations in Wheeling
as the separate property of such corpo-
rations or individuals
lie will thus be seen that the only
power the present Council will have
with reference to the Wheeling Compa.
ny, will be to fix a rate of taxation TAX
ing effect August 8, 1902, and that il
will not have a renewal of the franchise
question before it, while the franchise
of the Citizens Company runs to 1912.
There never was any better than Her
| bert's Chocolates in green boxes.
Special round trip rates between