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Clarksburg Daily Telegram. VOLUME II. NUMBER 288 CLARKSBURG, WEST VIR6INIA, SATURDAY EVENIN6, DECEMBER 20, 1902. 10 CENTS A WEEK. 2 CENTS A COPY WAR MADE BY COUNCIL ON THE GAS COMPNIES That Body Does Not Propose to Al low Them Longer to Destroy the Paving and Pavements?Street Superintendent Ordered to Act at Once. Application of the Clarksburg and Buckhannon Street Railway Company Filed For a Franchise?Proposed Route Through the City Described Therein. Tbo city council held lUt regular ses sion Friday nlgbt with Councllracn " Keenan,' Kearns, Kcsslcr, Hurst, Moore) "Williams, Lewis, Hart and Long and Mayor Crile In attendance. The minutes of the previous meeting were read and approved. Councilman Moore of the street committee informed the council that "Virglnus Jasper and the K. of P. Lodge had made a proposl tion to fur nish the brick for a pavement In front of their properties on North Fourth street provided the council Would lay the brick. Mr. Moore was directed to see that It was done. Mr. Moore recommended that the proposition from Mrs. Elizabeth Lats tfcttcr to dedlcato Walnut street in "Walnut Terrace to the city be referred .to the street committee for future in vestigation. Upon motion of Hart the matter went back to the street committee and the city attorney to J report at the next meetinu. Long spoke against the motion. Mayor Crile reported for a special committee that the county court had reimbursed the city to the arnuunt of $435, expenses Incurred in the recent smallpox situation and that the court had agreed to repair the sidewalk on the Glen Elk bridge. O. P. Llpplncott was given permis sion to have a three-story brick and stone business block.on the coiner of Pike street and Third street, and to attach to the city, sewer fur the ac commodation of the building. The Hofl heirs were given permis sion to repair the Hull block on Main Meet,. W. F. Uau was given permission to build a balcony in front of the Metro politan hotel. Permission was given Ernest Slurs to erect a two story frame dwelling on his lot on Main street just east ol Be:ond. The petition uf Mrs., J. W. Colfman on Lee street for a pavemeut In front of her property was granted and . be work ordered done. E. D. Swentzel was granted tin. privilege of moving his fruit stand from Pike street to the corner of North Fifth and Baltimore streets In Glen JGlk. _ A no?Tce by Margaret Bassel at 30t! Montlcello avenue that her property had been and Is being daulnged by a change Jn Uio water courts was read. She offered to accept 815 damaged pro vided the city protect" her property In the future from the water. The mat tat was referred to Mr. CaHahan. W. Showaiter was granted a p.r mit to build a.two-story house In the Glenmoor addition. \Y. A. Wilkinson was Riven ,a per mit to build a stectalad store room on Pike street east of tiie Manhattan Cafe. Complaint was made that some one had laid a sewer at the corner of Chest nut ami Pike streets so that Ule sewer age (l iwcd out upon the ^Urface and under the street pavement. Mr. Cal lahan was directed to have the sewei removed. Upon petition or James Drudy and others, who offered to furnish the brick for the purpose, it was ordered that a brick pavement be laid across Baltimore street from the Walll> building to the west end of the freight depot. The petition of Frank A. Vise that the city take a certain light oir the Weston road olT his hands and hereaf ter maintain It, was referred to the light committee. Armstrong. Crislip, Day & Company were granted permission to erect n one-story steel covered building on the old ICoon Marble Company property on North Fourth street Anna Market was given the privi lege to have a stable erected on the rear of her lot nn Monticello avenue. J. J. Connell and P. Adlcr piesented certificates showing that the county coilit had relieved them of erroneous assessments of #1,000 and *2,000 valua tion respectively and they asked the city to do likewise. The matter was referred to the city treasurer to ad just. A stone crossing was ordered lain from A. S. Gould's residence across Clark-street to the opposite cur nor of Clark and North Fifth streets. J. J. Chldister was given permission to build a residence on the Udell prop- i erty on West Pike street. A lengthy and condemnatory discus sion of the practices of the gas com panies and the plumbers In tearing up the pavements and leaving them in bad condition ensued and many_ In stances cited. The council in this connection instructed tlouncllman Moore to instruct the street superin tendent to take the necessary steps at (,nce to have these matters corrected and to report at the next meeting of the council what he had done along this line. The motion also included a clause instructing the clerk to notify him that he must be present at the 'i meeting* <>r the c<tuncU*ttill remove him or tin- hlm.ii-ror each time he j failed to b'? ;it the meetings of the I council. ^ ' t ? ' An Inquiry from Samuel W. Gordon and others as to why the-^idewalk ordtred for the south side of Locust street between Sycamore and Chest nut streets resulted lr? the Information that the-clty had run out of lumber, and an order was made d irecting-Mr Callahan to buy at home what^ujnber was nodded. - Kii'.S were audited and ordorjfd paid :as-follows: - , M. V. Ilurew * 2 Martin -Brothers, . 3 35 Street Pay Boll; 232 Wi ConKOttdated Telephone Co.. '6 25 ("Volunteer Firemen, Water Works Pay Boll, 23 50 J. O. Laug, 111 00 W?T. , <? Eev;; I- W- Oolden: went to Braid Bun today. 'SW DRUNK The Fellow llpset his Wagon of Nltro-Glycerlne. Says he Has to Keep that way to hold his job. On Wednesday night there dropped into Lett's restaurant, on Fourth street, says the Parkereburg State Journal, a nice looking young man, but drunk as one could well wish to j be. It wasn't one of those miserable i Jags that land the pussessor In the lockup but just enough to make him exceedingly Jolly. After ordering what he wanted, he began talking of his work and Jt was learned that he was an oil well shoot er who had Just arrived here from Clarksburg near which place he had been shooting wells a day or so before. Mr. Efett asked him if he wasn't ifrald to do such terribly dangerous work. "Never have a chance to get afraid ?keep drunk all the time" was the response. "Why, do you drink," he hiccough ed "that It I kept in my sober senses ill the time that any monev on earth :ould hire me to do such work?nlxeyl "1 bad an experience yesterday that would have kept most men away from the work rfll the i est or their lives. My wagon with eight.quarts of nitro glycerine upset In the gutter near Clarksburg but the blamed stuff didn't explode. If I hadn't a been drunk the Jig'dabeen up with me?yon can't kill a drunken man," After finishing his supper he got up and prepared to depart but Just before leaving it was divulged to Mr. Lett the time that he bad a shot of nitro glycerine, enough to have almost blot led the city out of existence. He wouldn't give his name but spoke of the company which employed him. Parkersburg had oue experience with njtro and another wouldn't be relish ed. POSITION Of Flattering Nature Declined by Pror. Smellle Prof. 11. 11. SinrUIc, general mana ger of the Elliott Commercial School Id the Lowndes building, this city, has received a very flattering offer from one of the leading schools In Colorado to take charge of its com mercial department. The outlook is so good for the Elliott school and It is meeting with such splendid success that Prof.|Smeilie refused the offer for that reason. He Ishighly accomplish ed in liis line and has always been favored with great success. His ef forts here are meeting with gratifying results and the school Is doing nicely. The Colorado school would be fortun ate In securing his services. RULING ? . . Made by Referee Frank Stout of Great Importance. Upon request of the creditors of ?Reuben Javltch, bankrupt, Referee In Bankruptcy Yt. Frank Stout ap pointed J. I. Alexander last night re ceiver of the stock of the bankrupt. In making this appointment Referee Stout made an important and nice rnllng. It has been the practice In this section of the country and nearly all over the United States for the United States Judge of^tbe district to make such appointments and many lawyers never came to the conclusion that they could be made In any other way, but; Mr. Stout Investigated the matter jtud came to the decision that it was in his power. He Is sustained by a California declsioo. The re vivor has closed the store. MURDER Enacted at Johnstown Between Ernest Knlsely and John Wheeler, Wheeler Lies at Point of Death with Skull Crushed. Men Quarreled over a Bunch of Furs?Old Grudge Existed. A tragedy was enacted at JobnBtown Thursday evening, as the result of which John Wheeler, a carpenter, lies at the point of death and Ernest Knisely, a farmer, and peddler, may become a murderer and pay the penal ty for the crime in state's prison. The two men fell out over a bunch of furs, there being a misunderstand ing over the price and as to the owner ship, both or them being In the fur business. Jealously Is said to have existed for some time between them and they followed one another around to the annoyance of each. Thursday afternoon after thsy had engaged in a bitter quarrel, KnUelej picked up a large stone and struck Wheeler on the back of his head, mashing his skull In frightfully. The Injured man was taken to his home and Doctor Wlnfleld was summon ed to attend him. The physlcan found that the skull was so badly fractured 'bat be bad to extract .nine pieces or It, leaving a cav'ty, the size of a silver dollar. The operation was skillfully done, but Wheeler's condition is alarming to bis frieuds and the physi clan has given up all hope of saving his lire. It appears that there had been a grudge of long standing between the two men and a very bitter feeling ex isted between them. Wheeler is about 48 years of age and lias a wire. Knlseley Is some 10 years younger. So far the would-be murderer has not been arrested and may not be un til the almost certain death of Wheel er ensues. It Is stated that he can live but a short time at most. Knlseley has disappeared. He was seen going across Gleu Elk bridge to ward the depot yesterday af ternoon and It Is supposed he has left the country. The latest word from Wheeler is that he is dying. NEW FIRM Charter Granted to West Virginia Architects A Builders. The Secretary of State has Issued a charter to the West Virginia Archi tects and Builders, of Clarksburg. The authorized capital stock Is 125, 000 of which (13,GOO has been sub scribed and <6,000 pain In. The Incor porators are: George E. Council, C. W. MoNulty, J. L. Rhodes, F. H. Rhodes andW. H. Plerson, Jr. This new concern is formed from the firm of Connell & McNulty, the contractors, who are at present con structing the new Jacobs building. They will open up new offlces*ln the Jacobs building as soon as It Is com pleted, and will have their headquar ters In this city. j KICKED By ? Horse and Knee-Cap Was Mashed. Thomas Sheets, son of J. E. Sheets, the Junk dealer, and Charles Windsor, took a borse-back. ride toward West Mil ford yesterday afternoon. Wind sor's horse got a little ahead of the horse the Sheets boy was Tiding and kicked Sheets on one of his legs, mash ing a knee-cap. The wound Is painful. ANNUAL RECITAL Ot Music and Art Departments of Broaddus. An Elaborate Program Enjoyed by Large Audience. The annual Christmas recital of the music and art departments of Bioad dus Institute, at the Baptist church Friday evening, was largely attended. An elaborate programme was carried out and was thoroughly enjoyed. Miss Cora M. Atcheson, pianist; Mr. E. L. Crow, stringed instruments; Miss Mar tha K. Roberts, piano and voice, and Miss Annie Belle Reed, reader, weri assisted by several of the students oi the Institute. The program was as follows; Gounod, Waltz from Faust?Ada Fortney, Nell Bassel, Eva Goil, Rachel Faris. Wilson G. Smith, Joyful Moments Helen Brlody. Durand, Valse?Miss Birdie Whit comb. Roeckel, Winter Fairies?Chorus. Scharwenka, Polish Dance?Miss Nell Bassel. Collins, "Ode to the Passions," Reading?Miss Dee Ross. Behr, In Happy Mood?Lucille Nus baum. Rossini, William Tell?Miss Mabel Shlnn (accompanied by Miss Atche un. Cantor, Oh Fair. Oh Sweet and Holy ? Miss Birdie Wbitcomb. Schnecker, Ilans and Gretel?Mary Buddy Clifford. Trowbridge, "The Charcoal Man," Reading?Miss Roberta Newman. Bohtii, La Grace?Genevieve Hay maker, Alma Haymaker, Florence Jewell, Gladys Calhoun. Neldllnger, The Birthday of a King ?Mary Clifford, and chorus. Godard, Valse Chromatlque, op. 88 ?Miss Ad(i Wood Fortney. King, "The Octoroon," Reading? Rhea Brlody. Liszt, Rhapsodie Honlgroise No. 2 ?Misses Haymaker. De Koven, A Winter Lullaby?Miss Gussle Lowe. Raff, Polka De La Relne, op. 95? Miss Eva May Goll. Chopin, Polonaise, op. 40, No. 1? Miss Mabel Fleming Shinn. Abt, A Boat Song?Chorus. Fowler, Dance of the Fairies?Vera Richards, -Estellc Nusbaum, Ora Lowe, Bonnie Whiting. GRIEF Returns to Mrs Berger. Formerly Mrs. Stadelman. Imagined her Time had come ot Join Chris. . Sirs. Louis Berber, wlicse marriage a week ago attracted attention on ac count or tbe fact that her former hus band, Chris Stadleman had been dead only a couple of weeks when that event happened, bad a very bad spell last Friday afternoon. She went to bed and Imagined that her time had come to join Cbrls. She sent for the neigh bors to come In and pray with her. She alsj senUor a preacher for the sarny purpose. They all responded to her appeals and held a prayer meeting but Mrs. Berger is still among the liv ing and the prospects are that sbe will ?cirn imifc to m;ike her present husband : .happy for many years yet. Au affect- j mg feature of the occurrence was her jrlef over her former husband. She hid his picture In bed with her. She Icclared that she never loved any one <o much as she did him. Her period I >f mourning had returned and tbe [ , :ene was most pathetic. FRANCHISE ASKED FROM CLARKSBURG Buckhannon and Clarksburg Elec tric Railroad Company Makes Application for One of the City Council, and an Or der is Entered. Route of Proposed Line Through the City De scribed and Provisions for Laying ^he Track and Operating the System Set Forth in Ordinance. The Buckhannon & Clarksburg Electric Railroad Company applied for a franchise at the city council Frl lay night and asked that the follow ing ordinance be passed: Be It ordained by the Council of the 31ty of Clarksburg, State of West Virginia, that the privilege Is hereby {ranted to the Buckhannon and Clarksburg Electric Railroad Com pany, a corporation organized under the laws of West Virginia, and its assigns, for the period of fifty years, to construct and operate a street rail way, with the necessary side tracks ?Hid turn outs, for transfer by cars, drawn or propelled by horses, electric ity, cable or motor power, of passen gers, oyer and upon the following streets in said city, viz : Beginning at a point on Third Street, at a point opposite the Trader*, Hotel: thence down Third Street to Mechanic Street; thence down Me chanic Street to Its Intersection with Water Street; thence with saldWater Street to the corporation line. But nothing in this grant contained shall authorize said Company to construct their railway upon or across any bridge In said city, or In any way In terfere with any bridge in said city without having first obtained permis sion from the County Court of Harri son County to do so, nor to authorize said Company to cross any existing railway tracks or roads, without hav ing first obtained the consent from the corporation operating said railway to cross Its tracks or roads, with the right and privilege to extend and lay such tracks to, from across and over, said streets and such others as shall be deemed necessary by said Company to accommodate the public and meet the demands of travel in and through said city, but subject to the following con ditions and restrictions: The said Company shall transfer passengers at a fare not to exceed live cents from one end of their line to the other within the corporate lines of the City of Clarksburg; the said Company shall lay their tracks at a grade with said streets and shall cause the streets over and along which they may lay their tracks to be placed in as good condition and repair after said tracks are laid as they were before, and said Company shall be responsible for all damages that may legally accrue to any person, or for any injury other wise don* or suffered while laying their tracks or in constructing their said railway, or In operating It after Its completion; and said Company shall keep the surface of all streets occupied by Its tracks, side tracks or turnouts In good condition and repair; ] and shall, when the City paves said BtreetB, pave and keep well paved be tween tbelr rails and tracks, side tracks and turnouts, and for a space of 18 Inches outside their rails, tracks, side tracks and turnouts so occupied by It. And the said Company shall not control nor occupy any portion of said streets other than Included In Its tracks: and It shlll lay Itfjtracks, side tracks, turnouts and switches in such manner xs to not obstruct, Impede or Interfere with travel, or the use of said streets by the public outside it? tracks; said Company shall keep said streets In huch condition as to not im pair or Irterfere with the free and proper use thereon by the public, or in any manner necessarily obstruct travel thereon: Raid Company shall not by meuus of snow plows or other wise so deposit snow outside of its tracks as in interfere with the right of abutting owners of property to free access to, and egress from, their prop erty, or wli li the right of the general public to tbe use of said street or streets; and said Company shall so construct lis tracks as not to cause surface water to overflow and injure the properly of any owner or occupier along said streets. Tbe Company's main track shall be so constructed that the middle point between tbe rails thereof shall be within the line passing through the center of said streets. No car used In the operation of said railway shall be wider than 10 feet, and the Qlty reserves the right by ordinances hereafter to be adopted to regulate the speed of travel on said railway, to provide rules and regula tions for Its proper operation, and pro vide for safety appliances, and to otherwise fully protect the interest of all Its citizens. Provided, however, that this fran chise shall be null and void, unless the construction of tbe said Street Rail way Is commenced In said City within 18 months from the granting of this franchise, and completed two years thereafter, that is, within three and one-half years from tbe granting of said franchise. >' NO HOME Had tbe Trades and Labor Council in Which to Meet. Maccabees Had Possession and Produced Their Lease. The Trades and Labor Council found itself without a borne Friday night. The Council bad rented a ball of D. K. Heed and met two or three times 1n IL A large number of tbe members assembled at tbe ball Friday night to hold their tegular weekly meeting but they found tbe Maccabees In possession. They inquired by what authority the Maccabees were tbere and were sliown a contract or lease having pi lurlty over their own. Mr. Reed was out of the city and nothing could be done In the matter. Under the circumstances no meeting of the Council whs held. It Is not known at this time what action will be taken In the matter nor Is it known how the ml8und<?r?tandlng happened.