Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1858-05-21

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would run in the city, Aod that, in case th
petition had been granted, unlimited pow,
! would have been given them to run a trs,k u
Washington, Adams, Jefferson, Ma olson q
Court street. The Colonel had better rea
the petition again; the resolution req qgires SaI
Tate, President, to open negotiation with lh
city authorities in regard to running the roa
to the Navy Yard. understand this to mea
just what Mr. Tate says in the pstition-tha
the matter shall be taken under consideration
by the Board Of Aldermen, and in case a suit
able line, with certain conditions, can be agree
on, the railroad to come in; if not, renal
where they are. Whoever heard OF Board O
Mayor aud Aldermen passing such a petitiO
as Mr.. Tate's-one involving SO much interest
without thoroughly investigating it. Henc
the unnecessary alarm Of the Colonel. Col
Martin runs into another fatal error. lie saws
the fact Of Alderman Waldran's resolution
being passed after the election, before the city
bad subscribed the stock, is uuimportant in M
argument, because 1t is a fact Of parol proc
that the very conditions of that resolution wert
fully discussed before the vote was tsken, an,
that Alderman WaldTsn's resolution was passed
and made a condition of the subscription ol
stock to the road, before that stock was sub.
scribed by the Board of Mayor and Aldermen.
| Parol proof is good in the absence Of better
evidence; but think itwould be better to con-
fine ourselves 20 the recorded evidence in re.
gard to the question as stated By Mr.. Tale.
The first resolution in regard to the location of
depot was affixed by Alderman Shanks on the
/ 26-h Of March, eleven days before the election.
/ That resolution states that the depot should
I be located about where 1t is now. It is rot
proposed to change the depot II the resolution
Of Directors or petition Of Mr. Tate there
| fore Iconcluds, as this is the cnly resc!u ion
passed before the eitizeUs voted on the cues
/ tion, that no objection can be raised on that
point The Colonel certainly will not contend
that conditions or resolutions passed by the
Board Of Mayor aud Aldermen three days af-
ter the election, before the citizens makes it
necessary for the question to 20 back to the
people before it can be changed. Ny under
standing is that all resolutions passed BY the
Aldermen, as a distinct body, can be amended
or changed at their pleasure. Hence, con
cluis, as the resolution of Alderman Wsldran
was passed after the sleetion-ths people hsv-
ing no vote in the matter directly-it ls subject
to be amended or changed at the pleasure Ct a
majority of the Board, without consulting the
people BY vote. But, suppose the resolution
was as is stated by ny friend Col Martin, it
does not prevent the Board Of Aldermen from
allowing the road to run to the NAVY Yard. near
the river, without the citizens voting on the
question. The resolution reads as follows:
"RssOlpsd by the Board Of Mayor AND .1lder-
men Of The City Of Memphis, That the subserip-
tiOn for $500 0U0 in the stock Of the Memphis
and Charleston Railroad Company, upon the
condition that not more than fifty cents on
each share be called on said stock until 50 500,-
0Jo be subscribed for the construction Of sail
road and said subscription is made-Eilh the
condition and understanding that said railroad
company will in good faith locate the depot at
some point eeHtTai and convenient to the busi-
ness and commercial wants Of the city Of Mem
phis, and that they will not al any fEtare time
divert the trade from said city By constructing
lateral or bTGaeh roads TO the Mississippi
river, at any point above or below the city Of
Memphis
Where is there anything in Wsldrsu's reso-
luton that is violated in allowing the road to
60 to the river or near it, on the lire mentioned
in Mr.. Tate's petition to the Board? The re-
solution says the railroad company shall locate
in good faith the depot central TO the city and
convenient to business. This has been done as
contemplated in resolution, but to carry out
the spirit Of that part Of the resolution, a
number Of the citizens profting BY past sxpe-
rience, have concluded it would subservs pub
lie convenience more to have the road run to a
point near the river almost central, and quite
as convenient to al. The resolution Of Wal
dram does not prevent this; in fact, it is only
carrying cut to the letter, profting BY expert
enee, the resolution, for there it says no latte
raj branch shall be built above or below the
city to the Mississippi river, to divert trade
from the city. Above or below means outside
Of the corporation, either above or below, a
understand it. This portion Of the resolution
is not violated by the proposed line Of road to
reach the river, for it runs 10 the corporation
and stops at point quite as convenient to a
business man in the extreme southern portion
Of the city as the present depot, and business
men who prefer 10 do so, can receive their
freight from the depot as they do now, or they
can receive il from the road near the river
So you see, Colonel, all this noise about leav-
ing the matter 10 a vote Of the people, is mere
mOonshine. Make the WaIdran resolution bind
ing, as stated BY you, and there is no coed
cause for the question to 90 before the people
because we do not violate it. The Board Of
Aldermen passed the resolution after the vote
Of the people, and before the stock was sub
scribed for in the road. The present BOARD
can rescind that resolution if they think pro.
per to do so, without violating the resolution
in the least. The Colonel must 90 and resc
the resolution passed bY former Board, anC
the petition Of Mr.. Tate again, ana thinl
be viii see the point.
The Colonel, after being driven from tb'
Wsldran resolutions, falls back on parol evi
denee, and quotes what Gov. Jones told bin
the other day, that the question ought to b.
submitted to the people before being passed BY
the Board; this coneeding the position occu
| pied BY Gov. Jones IN the road and his stand
/ ing, is worthy Of notice; and if the facts wert
not all on record, in regard to The subscription
Of stock, would be very strong evidence. Al
the matter stands, all are able to Judge fo
themselves, from reading the resolution, with
cut RAINING round to get the opinions Of others
as to what their understanding was; therefor
/ would advise the Colonel to read the oil
records again. The Colonel, to wind up, say
be has shown that be neither perverted or mis-
understood the object OF the Directors in ask
ing the privilege of extending the road nes
the river. All the reply make to this is, t
reouest the citizens to read the Directors res
oIu,ion and Mr.. Tste's petition to the Boar
Of Aldermen, and Colonel Martins piece, an
/ / will guaranty you will come 70 the conclusion
I have, that be has certs. .nly failed in maxim
out his case. He also says be has shown, fror
the records, that they asked to run the line o
road over any Of the streets, alleys, publ
grounds or Navy Yard. an sorry the Col
onsl wrote the above, and in the same piee
Published Tste's petition, which expressl
shows what streets, alleys and public grounds
the road was wanted to run over. The CoIone
ought to read more attentively, and be woul
hot be liable to 90 many fatal mistakes.
Col. Martin further says, be has shown frol
the records, and from Gov. Jones, that the pee