Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1864-06-23
s.s.y. I. ...s z ihsiF right that thsy

saa inasea g ysA0e .ae res sad public budags
ans fer earsey Yet 81 bTsspousbls to is for AZ
lain for Msso the pos meat brought about thr5ugh
on LES thAk Of It's agents, IL not maxim
TIE quantity of cos,o1 adtaton far their accommodation
= In any rsfsction upon She d
m Tst a. auary lssa seaFs without being aware Of th
- an "a a their way Of making preparation
=. - -. m simply 10 utter cur regret that 81
~ I,,ss ls has not made provision through L
, - 90 & the purpose, for parsiss in stores an
Is ssi''l 80 - z 0ff, are entitled to the guarantee
net sesn 1s syiIsle Govsrnuent If il sxaets tsxs
gHresa a. 3 isl 49, II Is true, ths soldiers in tn
KingdqH fer iaes Esd much bat the citizen ct hon
Tbs bone military service, is paying In part
wslEas % sa es Of this war which havs oeeuIrsd
e zportalion - 4y and obsdieHce is to be expected
me Fast ysa gpafi Of ihs Government from him
fhe owes IN feturn somsthinZ better THAI
sans ---@ "a man and his goods out Of his eWT
= the streets. We therefore. .eoneur II
qaany q eoste that the Government can only anG
kinds N ey, houses impressed for tenporsry
bais sss, and il Macon is to hsvs permansn
i yarns gsods hare, they should be erect
the hands af "A ssd OF obtained and not maintained
ron me spa1s EHia and bankruptcy Of the citizen
noraons at the nTnsnt has done much but It CON-
crease snes IFS and power TO do this act
APr over i<At e 10 the sick and wounded and aso to
= pplczfon should be made at ones 70 .hs
- a ,sFnuent tor TO build hospitals al
eo.''s 80 Aes wheYs health sRd comfort and economy
lne1nasa an os attained, sAd the mprsssmeat Of
before rsraaE be made in view Of these essen
from ne interior not the eonvsnenes Of the sur.
Of he high press surgeons The opinion Of the medical
part q 1862 to illness is nsessarY, but the selection
Ia the u with the discretion end management of
balaaee dcer whose duty it is to furnish Them IT,
an addition s1ppeArs trom the evidences, the Gyvernnsut
mpor,stisnss great sny public stores in Macon, the
1854 To be eramsnf In evaeuang their stOres, should
that ~ uP VILE lneonVenense ss well as the phi
m vAea ste citizen, whose very living, mary clsoa
- "a depends upon hs business Government Drop-
rh * erty s not more Sacred than private property
- e ana 4 private property must not be weighed in
AS = the discretion OF the eour with the soldiers
sfsas n eomtort we say emphatcally neither must ths
saro2srty OF the Government The harness,
s1er, corn, etc, of the Government had BET
IndIasis moved to make room for the soldiers than
East Indies Citizens property The enc pays tsx-Ehe
AsYp sss does mott oss is nothing to the onet is
To s1in 70 the other With these views fully con.
Thai s1Ted IN by this court, we have TO h91e that
II - "a the temporary viii be no longer than the
ss available means of the Government viii permit
tsa to erect hospitals, either in his city or procure
:. br. them IN sone adj ining locality, where We be.
e 80 "a 1eve physicians cen be obtained
Bus the power which ae adj adgs exists is enc
q @ which We viii not control in lis legal and prop
er exercise in cases Of actual and ufgens neces-
ht az; atty, and IN regard to proper objects a. We
- s @ have been appealed to to express opinions
sI IN regsEd to other buidings TessrTsd 70 By the
sSty evidence with the view, as has been exercised
S OF obtaining the judgment Of this court for
80 f ~ guidance This aPpsSl 70 us recognise as
- - - - ;. | proper and Just, aad will meet it in the
e Oee y spirit in which il has been ssked being well
en satisfied that strict compliance with the law
snd constituted authorities is the only mode Of
0sk = keeping the oyAlty Of the people, who expect
their sacrifices should establish somsthing better
- u - tHi tor their protection than whm, eapuee
Hg ~ 1nls bFidlae power
ion grant The female college has been alluded TO- We
eoy' GS Of opinion that the fact of the professors
ned to the h-vond ib 49, e @ =. tb tS 1
On PIE ous f0reiby. Ths Institution being used for
:! A the moss important and valuable public use not
teekon OF tba co1sDt of ~ ~ =
AA0A eH ne have already hsG, cannot be taken No civ
4. 5., Ihzsd government hss the right claims the
of places Pt once Nd al the bonss If he F1sbs1
1 ia he ia ud hia bftfr tbe
a. WINDS OF heaven may enter thsre but the King
,wn, with ha =. ssc.a5 .n5 Il = tySr-cIss- -,
"Nns der the ruls Of Urgent necessity already laid
~ VAIN down, but would depoTs the calEmity Of
- .'Iy ss closing the temples Of tAe living Gsd. 10
- this dark hour Of national troubles When
WIN clouds sre Iinged with FIRE and the storm OF des
ouhuS ~. oiEon BOwls around would urge the
Is sa5sC pruPrey Of keeping Open the churches
" W Son ering the people around the alsars
ngs III me La the application of these principles which
We have laid down thus clearly and emphsEi
-ous and csly, we will be brief.
IN 1t is The stores seized u1der the amended bill we
right hold that ths actual and immediate necessity
edged ip contemplated by the Constitution has not oc
e city oil Cured We agree with the gentlemen thst the
limitation necessity is likely happen that battle
rol save will be fought over one hundred miles from here
nave been believe to be true Such impression has
subjects, been existing for Some thEss weeks We may
not as he no nesTer thsa when sbsoute attack
Wer, con- expected time ago. As We put the
immedi right OF taking the s0Tehouse Of the citizen
or public the ground Of urgent necessity and not under
power is the laws OF inpTsssmeHt which think does
s to pre- apply 10 it. think the fact now existing
Snd also Of fty spsrs beds at The time Of the hearing
Djusics Makes this proper case to retain the iDaaeon
limited until battle has occurred until the sick and
be C0nst wounded soldiers have been this point
from the ield, which facts We believe 10 be svi-
h iust dsncs Of necessity efficient in terms of he
ed Il lisI zTy,
mt By the this Injunction will be dissolved
LOehrRne, Ine0acludRg this decision viii tsks coca
domi- sion to say that my frien5, Jadge Cochran,
necessity, who PrssGed with the ral and the ben
by force eft Of whose clear and legal ability had in the
i'm heme consideration of il fully with in the
with his opinion expressed o A. LOCHRANE,
be neces- Judge Superior Court Ga.