Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-06-14
Honorable Mayor and Aldermen Of
the City Of Memphis.


I; GEETLRnES: The ominous words Mic
olson pavement aud confscation agaiI
ring In the ears of tax-ridden Memphis
Stripped fall technicalities, should no
this controversy terminate, at once, BY
plain, honest answer to this question
What is the legal meaning Of our wore
street, have no definition of my owl
to offer. but point your honorable body
to the highest standard authority. Here
tits, not in mine, but the exact words o.
Noah Webster himself: Street "a way
or road in city-a highway" just 90
public thoroughfare The legal righl
of way over which is vested, not only in
every man, woman and child of Memphis
but in every son and daughter of Adam
who may choose to claim it, as inde-
feasibly so as the right to float down the
channel of your majestic river, or sail
over the gulf that washes our Southern
shores, and all this, too, under the shell
teripg wings of our proud American
eagle.
What street is, and to whom it right
fully belongs, has, trust, been fully de-
fined above. But the poscer to construct,
keep in repair, macadamise, or pave, is
quite another matter, and matter, too
which it is the privilege, and think the
duty, of every good citizen to thoroughly
understand.
In our great Republic this power has
been thus invested: First-In the Gen.
eral Government or Congress of the
United States to construct and establish
all streets or highways deemed essential
to the common welfare; and, for such
purpose alone Secondly-To each in
dividual State-to each county in such
State, and lastly, to each Incorporated
city or town-such powers have been
clearly delegated and emphatically car
ried out in practice.
That such powers have often been
abused, and that most aagrantly, too, no
one but believer in mans infallibility
can doubt. This, however, is not the
present question, but against the
glariug abuse of those powers, large
portion of your constituents are now con-
tending. The prosecution of public i'm
provements must, necessarily, result ia
pblic debt. The vital question is, upon
whom rests the equitable obligation to
pay such debit unhesitstinglY say the |
benefciaries and, who are they2 An
swer: The public, generally; but more
especially the respective populations;
not a part, but the aggregate population
of each city, county and state, for whom |
such improvements have been consum-
mated.
Congress itself is NO exception to this
rule. That august body, with due
parental regard for all her constituents,
may again deem it expedient to detail a
Delegation for the special purpose of |
peering into kitchens and other suburban |
localities, With an eye single to the seeu
rity and happiness Of that portion of our
population the guardian care of whom
she has exclusively assumed. In the
prosecution Of this pious mission sup
pose one Of their Honors should tumble
into ditch-break neck or some other
valuable bone2 The equity question |
might arise, Who must pay for said bro
ken bene2 Doubtless under the theory
of your immediate predecessors an adj
valore@ tax upon every property holder
on the street wherein the unfortunate
event occurred would be the result
One more illustration and | close, / |
hope, forever.
Years ago noble Memphis pioneer,
like any other sensible man, concluded |
to invest portion of his surplus cash in
land, some eight or ten miles east of the |
city, in Shelby county, lying and being |
along State Line street, say street, be- |
cause every highway leading from q city
Is nothing moro nor less than o CITY street |
continued or extended. Well, our Col. |
M-rears up beautiful rural mansion,
plants his choice fruit trees and quietly |
rests under his own vine and fg tree.
What next1 A petition is presented to
the Honorable County Court II beg par.
don, Commissionersl setting forth that
the street running through the Coloneps
domain is 10 yretched condition,
Astounding With impossible Fgts and
deep rayine, With an old dilapidated |
bridge exceedip ely dangerous to life and !
linb, Their Honors promptly close a
contract; a nev bridge spans the deep
ravine, and all other needfll repairs COM
pleted. What next2 Early on q June
morning gentleman arrives from the
GOOD morning, Colonel. What beau.
tiful place you have here"
The Colonel responds (rather dryly): |
" / am trying to improve 1t, sir; but the
present enormous taxes makes it quite
an uphill business"
SCISSOR" How many miles, yards
or feet DO yop fFont pr this beautiful |
street2 ! have been ordered hitherto to |
assess special ad paiorem tax.
"FoF What purposer demanded the
Colonel,
ITO defray the expense of these i'm.
provements, which, their Honors say, |
have enhanced the value of your land |
some two hundred per ceRtum."
Much obliged; but am i the only |
beneficiary 2
At this nOmeHt a deep grOsp issued
from an adjacent room.
"Whatsthat r exclaimed the Mortified |
Assessor.
"Come and see, sir"
A door opened; there lay Major B.,
a worthy citizen Of Marshall or Tisho-
mingo county, Miss, badly bruised, and
n hroken leg into the bargain
Come again, air, end see where and