The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-09-03

- NOIhh WOulu De Closed Al the en-
sixty days. dated from the time n
esolution passes council. Not a di
enting vote was heard on the motto
Though there were some who did n,
ote either way.
The body convened in the mayor
Nice with the following in attendant,
layor II. l.. Kirk. c. II. Brues and |
! Weisgerber. members OF the boar
control. and committeeman Jacc
eiswinger, Capt. w. T. Otto. Georl
onrad. b. +. Adams. Henry Peffe
ian and w. II. Hare present. Chat
ian Adams called the meeting to o
er. and explained the purpose OF n
leeting. which was a recessed sessiC
{ former meeting.
General Riley's Opinion.
Mayor Kirk then produced the wri
IN opinion OF General Riley. whiC
-as read by the clerk. Upon motto
was ordered received and filed. tt
blowing Is a copy OF the opinion:
Wheeling. ". Va. Sept. 2. 1915.
Board Of Control. Wheeling. W.
Va.
OBSERVATION-DISCLOSURES to your
request for an opinion as to how
far a suspension Of the operation
of the city gas works would af-
feet the city's right to resume
such operations at any time in the
future. would say that | do not
think there is any doubt that II
the city should discontinue The
manufacture and sale OF gas. as
now carried on. IL could at any
time resume II. either by resum-
ing operation at the old plant or
creating an entirely new one.
II is probable that any cessa-
tion in the operation OF the plant
would, under the act OF the legis-
lature granting franchise to the
old gas company. put an end to
any rights conferred by that act;
but in view of the several later
acts comforting upon the City OF
Wheeling the power to operate
gas works and supply inhabitants
thereof with light. etc. as well
as in view % the powers con-
ferred upon municipalities by the
general law of the State, and upon
the City Of Wheeling by it's new
charter. do not think-as I have
already said-there is any doubt
that the city. after suspending the
operation Of the gas plant. could
at any time again begin IL. either
b yrenovating the old works or
by constructing an entirely new
plant and system.
On the question of whether con-
sumers OF gas would have a right
to prevent the discontinuance OF
the manufacture and sale OF gas
by city council. do not think
that they have such a right: that
is. ] think the city council has
power TO discontinue the manu-
facture and sale OF gas TO CON
sumers whenever. in its opinion,
the interests of the city require
% TO do so. But ] also think this
power would have TO be exercises
with sound discretion: that Is.
consumers should be given a rea-
sonable time in which to supply
themselves with other kinds of
light. etc. and the methods for
doing this should be facilitated BY
the council as far as possible.
That Is. n the city should so exer-
else its power in closing the gas
works as to inhict unnecessary
hardships upon consumers. they
would probably have the right to
resort TO the courts for protec-
ton.
In view OF the importance Of
the matter. ] would. however. sug-
gest that before taking any sea
mite action the board should take
the written opinion OF the city
Solicitor. given after a thorough
investigation Of the entire sub
ject. and II the operation Of the
gas plant H. discontinued. the res
olution By which this is done
should be very carefully drawn.
and should show clearly that the
discontlnuance was intended 10
be temporary and not permanent.
Yours truly.
(signed) r. s. RILEY.
After recommending that counc
ose the Eas plant. temporarily. IN
lmmittee instructed the clerk 20 nj
~ the finance committee Of On
alter and liRht committees actiol
he finance committee meets tonirl
take up the matter Of preparing on
lnual budget. and has been waitin
lr some conclusive action on the "a
lestion before actiuE on the approl
ations
couneilmanie Fight Expected.
~ was minated last night. thi
fought the proposition was acted nj
3 favorably BY committee. that IN
al hght will develop in council Cit
ms OF the city are probably awar
.at council has turned down the prof.
Iition 10 close down the gas plant o
ro occasions. once I'm the old counci
id once in the present one Thi
I'D make The third time ln about
.ar that tho water and usht con
lttee has recommended the closin
the plant and each time prior q
ia their recommendation has bee
rncd down
it has been shown that during a.
st year the plant lost the city g.. COZ
hen the budget vas made up thi
ar. the estimated expenditures weru
gurcd much higher than the ostimai
revenues. a resolution was intro
ICED in council 20 discontinue the "a
ant October T. This resolution va
fcrrod 90 the Board OF Control. ant
alter and light committee. Jointly
'tion on the resolution was doferrol
30 Thursday niRht az the meeting
.til the opinion Of some legal author
y could b. received IN the absence
The city solicitor. Mr. Riley va
nsultod