Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1864-08-05


calls my attention to an ins,ru ction aske,
by the city and given by the Court, as sus
tanning his position, that tht Court decides
the Harrison street lamp posts to be privat'
and not public posts. And says leave hin
(meaning neJ to settle this question Will
his excelency Govorner Stone who was tn
presiding judge DC.
Mr. Derinody is doubtless aware tha
from detachcs parts Of any writing YOU can
not often determine the sentiments intendc,
to he expressed by the author-and that il
justice to the author it is never fair to :.
dctach and construc his writings. And
doub. not Governor Stone will take no prid.
IN having that portion of the instruction,
| given the Jury, published by Mr. Der
mody) published to the world as being tn,
instructions given by him Oh that subject
And II the matter was submitted to hin
nos, If Informed that the instruction pub
liShed was the only one given on that point
ne doubtless would inform Mr. Dermody
that the instruction is erroneous And had
verdict been given against the company.
the cause would have been reversed on ap-
peal
The qualifying instructions given by the
Court should have been published with the
one given by Mr.. Dermody that said in
structon might appear in its true light and
as intended by the Couat, they are as fol-
lows toHt
Tho fact that Plaintiff furnished and
lighted one hundred and eighty six lamps
within the city during said months, is ad-
mitted by the parties. But the Defendant
denies that h.ey were puJitc lam $ and that
the city was bound, by the contracts to pay
therefor.
10 constitute public lamp posts within
the provision oi this contract it is not necca-
sary that the city should have owned them
when erected, Or that they should have been
erected under an ordinance OF the city
Council and paid for out of the public funds
1h' 1art,ss may by a couysc of' condvct and
denftng bttteeon Mem hace yende.4d iaDtp
posts erected ppm the sideoralts anil strests
T'Ms ritz, pQbiic lump pests to,- tie ;,urt,,se
cf Mtscontfact. II you find from the eri-
dercs that these posts were ercct ted in the
streets OF the city connected with the pipes
therein and were iatcndsd far the prbiic usc.
Mof MFy hnce been treoted by tn. tty Coua
ri NJ ats and ordinances retiring l. them
as pnbttc lamp posts, and dtat they hare been
.fHfn- shed 0nd Gghf,d rM Gas IN Mu com-
pay, and bills My.tor hare Jeen ouditrd
Atd rnd by tie city rouncH, in pursuonce
ofsa,d con'iact, these und similar acts, uouti
0moulh % az appropriation o5' these posts as
public property and authorize the Plxintif
II lNtt Mfnl as anrh.
The primary and leading object oc the de-
fcniant was 70 secure the streets of the city
to be lighted in this convenient and feasible
MANNER, that The pubic generally l.,irl.
benefited thereby And , so,,,.,, IL. - ~
ect it was in-- by the coatras, va, ',',, M 'I
":'@i's to he t{ghted dyMo company shouil be
"p" l"sts set IN Ike streets Jthe citv md not
I" lrtrate gronuds or huAt:s.es, a dtstlnct;.o
* men'orefa he eisereed besrcln lQAaa iosts
e.e" ny tie city for publt, purposes and those
erefea 'Aa used Ter prscate beneft. 1t sthe
.I","'er class oaty that ere emJ,vced ,citain
fhe fsrmsaad meaning ofMis contruct.
u, therefore, You find from the EVIDENCE
that tho lamps lighted by the company dur
ing the period in controfcrSv. were upon
public lamp posts, the plaintiff will be enti
tle,. to a verdict hut if on the other hand
10, Ind they were not public lamp posts,
you will return Il ycr,lic; fnr defentsir
The piaiuN..s ccuid not up0a their own a.,
'--oiipi =. forward and erect lamp posts in |
the streets oi the city and cali them aaJgtc !
amp posts, proceed to furnish them with |
gas and charge the defendant for it under |
ihis contract. There is nothing in the con-
Ira I, either expressed or implied, authoriz-
ng the company so to act. And whilst the |
could not do this. it follows. of
curse that private citizens could not erect
amp posts adjoining their own premises,
'sd compel ihe. ci,y authorizes to recognize
hem Us public property. Yd, II ump pests
rdrf 50 oscte! aaa intended yor pu5iic use,
s"9 sbs txty CouhcI by curious arts as.d or
t.nances ajterrards nssd and recwni=sd
hon as jsnbiir posts, end IT. Ie sqI EouncT
.ern,tted tic ptdin{if 10 Hyht them ,oiti
ios and BY ordinance nllo1--.5 IL bsiis there,
fpr, .r -.1.4anCt NJ Niscoatroct, this scoA{d |
sneaHt 10 an appropriation Of hem as pub
T. Imp pests .tor Me purposes Of this coz.
ract, anil tie ,leyemdsnts are eetyppet5 .,,oa. |!
'eapi"g - /.
The foregoing are the fill instruction. |
the itallcying, for the most part. is mines
given by the Court, except that they were
afterwards repeated, as the Court says, in
another form from which Mr. Dermodv will !
see that the Court did not decide that the |
Harrison street lamp posts were private and |
not public posts Nor did he refer 10 tLe.n
,s such, hut instructed the jury IN general
terms what were md were not to be rcnsid. !
rrcl by them in that suit public. For the |
defendant contended that nearly all of the |
posts lighted were not public. Nor did the !
defendant understand that the foregoing rul. |
ngs of the Court referred TO the Harrison
street lamps only, as will be seen from heir !,
9Th cause urged to the Court to set aside the |
verdict Of the jury, which was as follows. |
viz:
81 rder the charge Of the Court the Jury
could not have fnund for more than the |
Of original lamp posts, and the verdict is
general and does not specify for what posts
they found
Again Mr.. Dermody says:
"As to the armber Of these Harrison street
lamps quote from the printed abstract and
argument Of the City Attorney in said suit:
"7he dcrfudant alse reai IL ecidencs from
contracts Jttt-een one Goyiord and .Iames
Mackiatosh to erect gas-lamp posts on Harri-
son street The srholc numJsr an the tpur
contracts nmounftd tciD.n
Now to show Mr. ncrmodv how much re-
lians can be put in his source of informa-
ton. | will assure him that there are only
t,eo CO tracts referring to Harrison street
lamp posts and nottour. the other tro refer
to other streets. And the whole number of
lamp posts provided for in the four con-
tra..ts arc sirty-tro and not forty a. stated.
N Dermody seems to regard my SYM
pathy for the residents on Harrison street
amusing. &c. IfMr. Dermodv will refer to
my first communication, he will find that