Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-09-14
MAYOR AND ALDERMEN.
IMPORTANT PROPOSITION
FROM THE CITY RAIL
ROAD ACCEPTED.
Main Street to be Paved I'm
media1ely.
The Action of the Joint Commit
tees I'm Reference 10 Quar-
antine Squashed.

GSLa -
antine Squashed.
A called meeting Of the board Of
mayor and aldermen was held yester-
day afternoon at their chambers In the
exchange. Alderman Smith called the
board TO order, and, on motion, Alder
man. Lynn, Of the Fourth ward, was
called 10 the chair. On calling the roll
there was found to be present, Alder
men Lynn, Clancy, Wickersham, Amis,
O'Donnell, Hoist, Rufiin, Lemon, Smith
and PassmeFe.
Alderman Lynn stated that the board
had been called together by his honor
the mayor, who submitted the following
communication from the Memphis city
railroad company:
OFFICE AEMPHHs CRY r. r ~COMPASY,(
MEMPHIS, September Is, 1867.
Hon. VIM. o. Lonand, Mayor OF Memphis
Dear Sir: The Memphis city rail-
road company desire, through you, re-
spectfully, to submit to the board OF
mayor and aldermen the following prop
osifion In regard 70 the paving Of Main
street-feeling sincerely DESTROYS that the
paving shall not be delsyed, and also that
the company shall not seem to stand in
the way of a great public improvement:
It is evident, from an examination OF the
new grade for the pavement for Main
street, adopted by the city engineer that
the grade of the railroad track must be
changed as the paving progresses. rms
work, as we understand, viii cost about
t-en.thousand dollars for the entire street.
The railroad company are Of the
opinion that, having laid their track on
the grade furnished themby the city last
wear, the city is now bound to pay the
expense Of the change rendered neces-
sary by the change of grsde. We IN
derstand that your honorable body claims
that the railroad is bound to pay said
expense. Now, in order that this differ
ence of opinion (which we concede TO be
honestly entertained on both Sides may
not be in the way of the prompt compile
ton OF the work, we propose that a con-
tract be made on the most favorable
terms possible, with Messrs. Forrest,
Mitchell & Co., or other suitable persons,
to change the track on Main street so as
to adapt it to the proposed grade Of the
street; the railroad TO be placed on
s~tringers on cross-ties, and the whole line
ofthe track to be adapted to the proposed
pavement as the paving progresses,
the expense Of this change to be adj
Tanced in equal proportion by the city
| and the company IS the work progresses.
Tie question a. 10 whether the city
shall refund TO the company the amount
so advanced by the company, or whether
the shall refund to the city the
amount so advanced by the city, shall
be reserved and not affected in any way
bv this agreement, but shall be left here
after to arbitration or to the decision Of
the courts, as the contracting parties may
I hereafter determine. That nothing in
this agreement shall be construed to
affect the ultimate liability of either
/ marty to pay the whole amount OF said
expense, we think the above PROPOSE
I ton Is emiRently fair and just, and as
such it cOmmends itself to our judgment.
Hoping that your h~on0FSole board may
be pleased to accept the proposition IN
the same spirit Of concession and COM
Promise in which it is offered, and that
/ is result may be the prompt paving Of
this great thOrOughfare Of our cit 2.
i0u'S' very KoRTREGiHT & CRAFT,
Attorneys Tor N, C. Z. +. Co.
Alderman Amis moved that the prop
osition be accepted.
Alderman Ruffin~ suggested that a stip-
ulation be made to pay the amount in
four and six months.
Alderman PassmOre did not see that
the proposition was any compromise, as
the matters in dispute would be left to
the decision of the courts in any event.
He was of opinion hat the road was a
nuisance. It had been so declared by
| this board. They had not complied with
[ the requirements Of the charter. He was
in favor of declaring the road a nuisance.
Alderman Powers was in favor Of
complying with the request Of the rail-
road company, End he strongly advised
the board to accept the proposition. He
proposed to do all in his psWef to have
Main street paved as speedily as possible.
/ The citizens asked for it, and he wanted
to see this great thOrOughfare paved
without delay.
Alderman Wickersham was in favor
of the compromise, and would vote for
ANYTHING that would insure the speedy
paving Of Main street, and he suggested
that the whole matter be referred to a
/ special committee, to inquire into and
report on the proposition. The motion
or suggestion did not meet with g second.
Alderman Passmore still opposed the
so-eslled COMPROMISED, q stated that
Main street was nov in a worse condi-
ton than it was when the track was laid
down, and he had no hesitation in saying
That LDe I0du Was as Edu dllEduy DOGA
declared, a nuisance.
Alderman Amis was willing to accept
OF n proposition that would favor the
LAYING down Of the pavement.
Alderman Smith said that the rail-
road company had not come up to the
requirements of their charter and had
not only imposed upon the people but
Injured the rights of property holders,
but for all this be was in favor Of the
proposition, If only for the sake Of hav-
ing Main street paved.
Alderman Cochran was of opinion that
to acCept the compromise was the cheap
est way 20 overcome the difficulty, and
he favored the acceptance Of the prOpo-
sition made by the railroad company.
Alderman Clancy favored the PROPOSE
ton.
The original motion, with Alderman
Dufinis suggestion, was adopted.
Alderman Smith offered q resolution
declaring the street railroad on Her
nGndo and Elliott street, be declared a
nuisance, and that the same be con-
demned. The resolution ives tabled by
a vote Of nine to one.
Alderman Ruffin moved that the
mayor be authorized to hold an election
on the 25th Of this month TO test the
sense Of the people in reference 10 the
issuance of the 500, 900 bonds, the same
10 be converted in stock of the Mem
phis GayosO gas company.
% motion Of Alderman PassmOre, q
communication from the secretary Of the
old Gas company was read. The resOlu'
ton was unanimously adopted,
Alderman PassmOre offered a resolu.
ton annulling the action OF the joint
committees Of the board and the board
of health.
Alderman Rufiin moved to lay the
resolution on the table-seconded by
Alderman Cochran.
The motion Of Alderman Passmort
was adopted by the following vote
Yeas-Afdermen Powers, Amis, Lemon,
Smith and Passmore. Nays-AldermeT
Clancy, Cochran, Hoist and Rufin