The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-05-09

= d.
Z.B. OAKES.
JACOB SMALL.
JAMES r. PRINGLE.
Alderman Willis made the following report,
which was laid over under the 18th Rule, and
moved that the memorial be plohsheo: ,oso
CHARLESTON, 8; C.. May 70 ., ,0s;,,or as9s.
The committee to whom was referred the peuuon
of sundry residents of the western part OF the CITY,
asking the attention OF Council to tts present con-
dit.on and praying that 1t be improved respecuuuy
report that they examined the square In 9uesuon,
and ascertaned that for srnsn cost the wnoie can
be handsomely and substantially fenced in ana nice
Iy laid off with good ten feet pavements, and peauu
fed with trees the foodgate repaired OF i9r
less than two thousand dollars; which w1n inciaas
all the work that is necessary to 1T 1t as It SHOULD
be- besides giving the entire fence good coat OF
whitewash.
We respectfully recommend that an amount sui.
fcient be appropriated mot TO exceed two tnousano
doars to do the work, and that estimates be adver.
tised for, TO allow the work to be commenced at
once, to give the citizens, at as early day as pos
sbe, the use Of the sQuAre as place OF resort IN
an improved condition IT Is one taousana tI,a ana
hundred and sixty feet from Rutedge 20 .Lynch
street, seven hundred ana s1ty.two feet from Mrs
Srohecker's property to Broad street. and tWo nun
dred and thirtynye feet from Mrs. pro-
perty to the end Of the engine house ::.es'sS
/ / - s. E. w9MARSHALL.
e1GI - JAMES CosGRovE. ., :
ds D. y
ToMe Honorable Mayor and a idermen BY Me corpo-
rate name ofhe City Coia,cl of Charleston:
The memorial aud petition Of the undersigned re-
sidents Of Ward No. 4, living In the OF
the public square or common west OF huued8e-
street. between Broad and Beaufain streets, respect
That on the 18th day OF. April, AZ D 1888, full one
hundred years ago. In and by an act duly ratified oy
the Provisional Assembly OF south Carolina. It was
enacted thata the vacant marah land lying on each
sioe of continued west from near Frank
liu on the east side of the Ashley River "shh for.
ever hereafter be reserved and kept for the use OF
common for Chnrlestown" ,,5assr.
end any grant that may be obtained for the same
or any part thereof is hereby declared to be abso-
lutely null and void.'' a-.rr
The space thus dedicated for perpetual public use
was bounded north by Beautain-ssreet and Coming's
Creek; east by the high lands the lines now Of
Franklin and Savage streets, and to the south and
west by Ashley River. 40
In iT8S the city was incorporated, and the City
Council thereupon taking possession; Of this with
other public property from time to o:tnie sold and
conveyed tor priyate use large pot4ionr Of # The
saleamoney Hemt into the city treasury without any
special application to the Improvement Of what re-
NAMED. ~, - y
The CITY Council wore quite regardless Of the ded-
cation and use attached to their possession and title
This continued until 1853. when some OF your pre-
sent memoriniBts and other citizens brought their
bill Of complaint In the Court OF chancery against
the City Council. charging among other thtrgs the
nnon the following was the Judgment Of the court,
which was dnly entered ofrecord: -
STATE OF SOUTH CARoLNA, CHARIxsTos DISTRICT
In Equity.
James B. Campbell George Buist ct al, Us. The City
Council Of CharlestOn-DeCree. -s'-
The bill and answer IN this case having been read,
It ls ordered and decreed that 80 much OF the city
marsh land at tn west end Of Broad street ss, lies
between Rutedge street on the east Beaufainsreet,
and lands of the estate OF Strohecker the north,
Lynch.street.on the wes., and Broad.street on the
SOUTH be aud the same is hereby dedicated and set
apart as acommon for the City Of Charleston, and
that the same be forever hereafter reserved and kept
as a common for the use Of the inhahitants of the
said city, provided that nothing heroin shall be held
to affect or interfere with any existing lease ore ses
Of the said land. q
And it s further ordered and decreed that the in.
junction already ssued against the Ciry Council in
relation to the deposit OF city oa at and near the
Continued of force until the first day of December
next and that either party have leave to apply for
any further order at the foot Of this decree. So,
And 1t Is further ordered that the rule issued
agatrs; the City Council in this case be discharged
fSigned) F.H. WARDLAW. s..
And your meporialists further show that soon
thereafter the residents In the neghborhood by vol
untary contributions, cau-ed to be constructed and
paid for food gate under LD nch-street which has
since been kept In repair and restored by the City
Council; that thereby an agreeable a-d healthy sheet
OF water was substituted for the previous unseemly
and offensive mud fats; that the City Council also
caused the game to be enclosed by suitable fence,
anL constructed proper walks on the margin; that
during the war the fence disappeared and the walks
are now dilspidated and broken up.
Your memorialists think 1t right and just that
some portion Of the funds. and the accumulation
thereon for many years, which have gone into the
city treasury from the unauthorized sale OF the
larger part Of the lands dedicated century ago by
the providence and forethought of the men OF that
day TO the health and beauty Of 'harleston, shall
al in frnY1
They DO not doubt they could obtain this by an
application for that purpose at the foot Of the forego
ing Decree which by ITS terms they are permitted to
make But they prefer TO appeal to the judgment
ana Justice Of the City Council ,fI.
And they, therefore, pray your honorable body to
take the whole matter into your consideration, and
that you vail cnuse TO be mnde such improvements
upon ai about the said common as, being found
necessary or desirable win also be consistent with
Justice and wise considerate; public economy
And your petitioners will ever pay. and SO forth.
signed: James B. Campbell, ]. b. Schulte, George
Buist A. Foearte, james Robb, Daniel Miller, J. w
Gray, B. g. Bruins, a. J.. Carton, T. F. Brodie, John
q. Steinmeyer,. VIM. q Mauldin, Thomas. o,Bren,
Alexander q. Brown; B. :. Stmmons, j. w. Stem
meyer, N. E. Lopez, 3. ". Marshall. Geo. Dowie,
james e. Taylor, 6. W. Williams, L. j. Groning, 7.
c. Irumbo, Isaac Brown, joan Ferguson, P. T. Wal
ker, L. T. Potter, VIM. L. King. Geo. A. Treoholm,
Jr John q. Simons. a LeIding, VIM. Balton Smith,
e. Huchet Jas. $. Murdoch, W. Doulas, ". Y Leltch,
J. II. Wilson, John +. Roberts, John +. W; Walter,
Cark, Job Dawson, F. W. Rennekcr. j. $. schirmer,
F. j. Dawson, Jarnes Bancroft, Jr., G. b. West. Jr
A. Calder, henry Cobia, Clarence Levy, d. o. Lau-
rev. q. Follin, R. NJ. Alexander, c. j. Laurey, Jo-
seph Walker, b. q. DeLeon, H. N. Tovey, b. a.
Williams, B. II. Heriot ]. W. Fisher, john P. Kiep,
E. Montague Grimke, L. ]. Burger. j. Bennett Ian.
ueau Charles A. Lengnick, John q. Lopez, ID. W.
St. Amand. henry Bollnan.
Alderman Honor made the following report,
which was adopted:
The Committee on Retrenchment and Relief,
to whom was referred ths application OF Mr: Z.
Bull for payment Of on alleged claim against
the Commissioners Of the Market, respectfully
report That from the information we can OBJ
tain, il appears contract was entered into 10
the year 1853, between the Commissioners of
the Markets and Mr. Bull, fer q pump to be
used in the market; that there was to be paid
to Mr.. Bull for said pump two hundred and