The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1868-04-18

ton as regards his connection with the
Office. he assumes to hold and exer6D
in defiance of their authority aud
gross presentation OF theiH
ings on that question, requii
ton. Disclaiming any pers
troversy with MIR. Gardner, "
briefly as possible to give the
of his semi official connectionI
city government.
1t is known that sometime SHE eSr
John G.. Steele became the purchaser
a portion of the River Bank where
wharfboats of Overton, Steele
ssEs 5IS llssiiaan- NJ. steele -
not assert any right to collect for his
own use the wharfage to which the city
may be entitled by virtue of her charter
and the ordinances Hereunder, but does
claim, that the city must foreea her
claim to wharfage of all boats ths>ezS,
prefer to use his private landing, - 4
than any public one provided bYs#G
city In other words, if the city
surrender her right to wharfa4
boats will pay him. OF course the
not reasonably be expected to pay 81
Ever since its incorporation the city Of
Hickman, has, by virtue of the authori-
ture of Kentucky, collected wharfage,
without regard to what point boats might
land 1t is true that it was contested
by Mr.. 10. Keith, but compromise
prevented the litigation reaching a final
or satisfactory settlement. The Coun-
ell could not assume, consistently with
their duty, to surrender without contest
or mature investigation, right of the
city so long enjoyed and so important
and valuable But they wished to act
with care and deliberation. and, if posi-
BILE, avoid trouble and litigation and OK
pense byipdicious compromise.
On nod patton of this claim by Mr..
Steele, theJouncil we're not fully advis-
ed as to their rights, or the proper course
to pursue in the premises. They were
also induced to believe practicable a
compromise with him, by which he
should be allowed reasonable compensa-
ton for keeping the landing in repair
and the use of his boats, and the city
continue to receive her Wharfage as here
tofore.
In the meantime pending our uncer-
tainty on this point, and the negotia-
/ tons for compromise of these conflict
ing interests, (for which a special com
mittee was appointed by the Council and
/ conferred with Mr.. Steele on several oc-
casions } it was important to both par
/ ties that the wharfage should be collect
ed. John G. Gardner, member of the
/ firm of Oyerton, Steele & Co, was pro-
/ uOSGu. anu uuduIuIUuSiE E.GEIGu ~ EfEFF-
muster Of the city, and at once accepted
the office, executed bond which at the
time was approved by the Council, and
he was sic0rIs ia-to faithfully discharge
the duties of ms office according to tire
il,os regulating the same.
Now, at, or near this time, the Coun-
ell for the reasons stated had agreed
with Mr.. Steele, that pending such time
as hope of compromise could be en-
tertained, OF they should fully conclude
what course to pursue to finally settle
the controversy, Mr.. Gardner as the
Wharfmaster of the city, should be
directed to deposit the money iu some
safe place subject to legal decision as
to the rightful owner thereof We as
sert that that agreement was understood
by every .Rember of the Council to be
merely Alporary, mere act of courtesy
to him On our part without any consld-
Grafton therefor from him whatever, and
at any time, on reasonable notice, liable
to be revoked. Can any man find what
MIR. Steele agreed to do in the matter {?
He had no money belonging to the city,
and we were making no claim on him
whatever. OHr agent and officer, how
ever, was about to claim and collect
money to which Mr. Steele asserted a
right, and we agreed that until we were
further advised on the subject we would
not use this money, but keep it on de-
post, and there it remains yet subject to
legal decision as to its owner When
and by what means was this arrange
ment ever to terminate if neither xsEty
chose to bring suit? And so fa]
Steele declines to sue US, and
to give US no reason to sue
sole object of the aFrangement
can scarcely be called an agreeS1
contract where one sides conc
and the other nothing-we re
compromise and time to take y sff- ad
vice and investigate what action We
should take.
Now this being temporary arrange
ment of courtesy berweefshus and Mr.
Steele, should have appeared only
resolution of the Council in the
of instructions to our Wharfm
whom the charter gives US ri.
direct In his duties.
But by misunderstanding
part of the City Attorney, and.
fess it, by culpable Oversight
part of the Council, these
this agreement, was incorpora
bond itself, and thus written
was accepted, approved, and Mr..
ner declared Wharfmaster -
Thus far Mr. Gardner and ourselves
agree about the facts, and here he closes
his statement of them, forgetful that
half the truth may possibly involve
grosser prevarication, than direct false
hood itself.
The City Wharfmaster is an officer
appointed or elected by the City Coun-
Gil He is required to execute
bond the substance OF which is pre-
scribed by an ordinance of the city still
in force One of the essential features
Of this bond is that the Wharfmaster
shall pay into the Treasury at stated in
tervals all funds collected by him as
such Never can he be said to hold the
Office AZ ',ge without the execution OF
this boM. His being recognized as
Wharfmastcr by the Council, or the
public. and his exercise of the duties of
that Office, cannot of right entitle him to