Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-01-16
CITY COUNCIL PROCEEDINGS.

mayor and aldermen last night there
was presnt: Hon. Mayor Lohand,
Chairman Hulburt, Aldermen CLANCY,
Powers, johnson, Cochran, Wickersham,
Amis, Lynn, Boiling, 0'Donneli, Hoist,
Townsend, Shaw, Lemon Smith and
Passmore. d.
The minutes of the last regular and
special meeting were read and approved.
EPoRT
The report of the city comptroller
showed that the city's account with TIE
city schools showed an Indebtedness to
the city in the sum of $50, 738, exclusive
OF 500 o Of city bonds, bearing 10 per
cent. interest, which were issued by the
late board FOR school purposes. school
certificates continue to be presented for
payment, aud the question submitted
whether TO pay them or to cease paying
until the amount due the city shall nave
been collected and paid to the city treas
urer.
CITY ATTORNEYS REPORT.
MEMPHIS, Tenn, January IL, 1857.
To the Board Of Mayor and Aldermen
In the case Of the fire engine lot on the
corner Of Second and Adams streets, l
have to report that upon further investi-
CATION Of the title of the city to that lot,
I find the title good and unencumbered.
The claim Of the hook and ladder com
pany for any amounts they may have
advanced to the city is nc charge or lien
upon that property, and their claim can
IN no way affect the sale of the property.
The title is clear and unencumbered.
II the hook and ladder company has q
claim against he city, 1t can only be Y
the shape of an account, and Is subject
the same kind Of settlement as other ac-
| counts. / know nothing Of the account,
as ! have never investigated it. II re-
I E.r~.I q, ma anI fha uffarnEu fnr the
parties, I can then investigate and report
to your body.
CITY Attorney.
Filed.
MEMPHIS. Tenn January "a, 1857.
! To the Board OF Mayor and aldermen
! have to report upon the cOmmunlce-
/ ton Of the prOprietOTs of d AudtdHche,
that they occupy the same relation TO the
Z city as other officers elected by the board.
/ Under article 10. section Of the ordi-
nances Of the city, the city printer Is
elected annually. The proprietors OF the
! AUaldRche were elected by the old board
at the same time and by the same autho-
/ ritz a. other officers, and have the same
| righttO the office for the fortieth corporate
year. In the case Of DR.. Lyncs, hospital
physician, the question was tested and
I the chancellor held adversely TO the city,
giving the Office to Lynch. The same
questions are involved in the Audiaache
ease. The board viii remember that ia
former communication, l stated that l
had taken an appeal in DR.. Lynch's case
to the supreme cuurt. II he supreme
court should sustain the chancellor in his
decision, the parties elected as officers
for the f0rtieth corporate year by the
old board, will be entitled to their posi-
tons when they are claimed, and should
the city take from the propFietors OF the
Ar1luache the printing for that year, it
Will be liable to them in damages the
damages TO he estimated by the amount
of profit in the work and probably the
cost Of any extra material pur-
chased to 10 the work, or at
any rate the loss upon such mate
rial. IT, however, the supreme court
should override the court below, these
officers will be entitled to no damages,
as they were illegally elected by the old
board. I cannot bat say what / reported
IN a former communication, that in my
opinion the supreme court will over
rule the decision made by the ch2ncel-
Tor, giving to each board the right to
elect its own officers. l would also call
the attention OF the board to my COM
muuicatiGn on this subject, made III De-
cember last. / then stated that the
chancellor held that the board could
only remove an officer for cause upon
charges brought against him, and he no.
titled to appear n defend, and upon
proper proof made before the board this
Is the common law. 1 had thought that
the city charter allowed removal at
pleasure upon a tw0-thirds vote, but the
court decides otherwise, and directed
that the strictuess Of the common law is
still in force, Notwithstanding the word
Ing of she charter.
RespectfaIy, r. J. MORGAN,
City Attorney.
\ communication from the sheriff was
Rad, reporting the school visitors elect,
which has been published in q former
issue.
The street commissioners requisition
for a quantity of g%uunells, spars, etc. for
the use of the city, Vas granted.
the report OF the city engineer was
read, received and filed.
A communication from the mayor was
read, vetoing the ordinance in reference
To the storing Of cotton, suggesting 1t be
deferred till the lst Of March.
Alderman Townsend moved that the
or finance be taken up.
Alderman Lynn presented petition
from a large number Of the most intlu-
entiaI merchants of the city, asking that
the ordinance do not pass, who, IN a few
well timed remarks, urged the question,
and argued hat if the insurance compa-
MES of Memphis who had banded them
selves together as a company OF under
writers would not Insure cotton stored 10
the business houses Of our merchants,
insurance companies could be found who
would gladly do 50. lie objected to this
class legislation, and thought the ordi-
nance was Illegal.
Alderman Townsend was of the opiD-
60. -. III. N---F III "a Hg-NN to naEg q
such an ordinance, and that it was more
for the interest OF the merchant than
the property holder, and thought that
The beard should iegislate for the benefit
of the property holder, a. without the
mouied men we would ave no cities.
Alderman Smith was in favor Of the
passage Of the ordinance.
Alderman shaw upon reflection saw
reason to change his vote on the
ordinance. and was willing to agree with
the suggestion Of the mayor to defer the
mStt,r.
Alderman Goling denied that the
property holders built up the city Of
Memphis, he was in favor Of receiving
the petition, and annul the ordinance.
AIusrmauT Townsend made a sweeping
charge against the cotton merchants,
that a large number Of them
daily violated the city ordinance, and
Thought tie board should not pay much
attention 20 The petition of parties who
daily violated the city ordinances, and
thought the police q dead letter.
On motion Of Alderman Amis, the
consideration of the mayors veto was
postponed till hrst March
REPORTS or COMMITTEES.
Alderman Boiling, chairman Of the
committee Of finance, recommended that
A. So .-n.--.la ETn no r~-.Nr - #ha
Gayoso gas company, provided said gas
company will furnish gas at One-half the
present price for the city's use. Adopted.
BY the same: Account Of +. +. Nor
gan for $50 80, and recommend that the
account be allowed.
On motion of Alderman Townsend,
the account was referred to the city
comptroller to report thereon.
The same committee reported on the
account Of Gen. HUmes, who claims
$1,000 for legal services rendered the city,
and recommended that $500 be paid him.
The opinion of several well known at
Jorneys were read, stating that the charge
was fair considering the labor performed.
Adopted,
COMMITTEE on ORDINANCES.
Alderman Johnson reported the pass
age Of the pavement ordinance. .
On motion OF Alderman Cochran the
ordinance was laid on the table.
COMMITTEE on PRINTING.
Alderman Powers reported favOrably
un account OF Commercial aud Argus for
printing. Adopted.
LANDING COMMITTEES.
Alderman Cochran reported the adOp-
ton of the resolution passed at the last
meeting, in reference to the weighing Of
coal. Adopted.
FIR COMMITTEE.
Alderman Smith, chairman, submitted
q report suggesting the removal Of De-
Soto fire engine No. 3 TO No. 7 engine
house on DeSoto street. Adopted.
MARKET COMMITTEE.
Alderman o'Donuell submitted al
ordinance repeating the existing Ordi-
nance allowing the selling Of meats in
stores and by hucksters. Passed on its
second and final reading.
Alderman Shaw, from the special COM