Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-11-08
THE GAs-LIGHT ouEsTloH."
The Memphis Gas-Light Company to the
Public.

uttlL nA ilt lacl lidL we D"ubIlSDtu, az iAl
price rates, the opinion M decision q
the Supreme Court in the case-not g.
Z VERSION OF it as the AUdidache says, bu
an Official copy" as the editors of tina
paper knew. We desire to deceive n
one, and hope no II may be deceived b.
tho misrepresentations of others; nor d.
we mean 10 indulge in epithetitive decla
nation.
With the decision, we submitted a brie
summary of the points decided, thougl
objected to bv the A~Ualdnche, and perhap
the same writer in the Ledger, over tn.
signature OF SAXON as yet no lawye
will hazard his professional reputation d.
a%ppending his signature TO a staiemcn
denyiny the t~ruthfulness Of the dedue-
lions we made aud published.
1t is admitted 10y Saxon" that the Su
premeC Court of the United States did mo-
reach the question of exclusive priv
lege as a point in Judgment" and thu
admission sustains our view.
The further statement of SAXON" tina
$50 unsubstantial and frivolous was thC
bill filed i'm the Circuit Court that the Su-
preme Court could not reach II" mos
conclusivelv i~ustilios our assurance 10 The
public that this question HAS NOl
BEEN DECIDED.
Butthe Supreme Court DOES NOT de-
eide as saxon" says It does.
'sphat the Old Company, or any stock
holder therein, can have no status IN q
Federal court, and annot MAINTAIN a SUI
in any ofthese courts"
II did only decide on this point that the
appeal then brought would not lie, be
cause the Circuit Court did not have jul
risdiction ia that case.
This does not "clOse the doors of the
Federal Courts to the Memphis Gas-Light
Company, or TO any of its stockholders. "
The Dresent status of the case IS this,
which all may understand who wish 70 be
I riohtfuUv informed on the subject:
!. The Memphis Gas-light Company
have an injunction bill pending against
The GayosO Gas Company in the Chancery
Court Of Memphis. Upon this bill, (1rtth-
o,tf EeqJ-iDy or dr0tmeRt,) there has been
an order for a preliminary injunction re
straining the GIyoSo Gas Company from
LAYING their pipes above those Of the Mem
mis- Gas-Light Company, or so near 10
Them rs TO injure them.
This is only a partial injunction, bat
the bill now stands over for a hearing. On
! thefnal hearing, if the decision be against
the absolute Injunction asked for by the
plaintiffs, they may appeal to the Supreme
Court of the State, and II the decision
should be there sustained, the plalniitS
may then carry the case again 10 the SUI
preIne Court Of the United States, under
The 18th section of the judiciary act OF
1888, when that court will have ~undoubted
jurisdiction, as eCeTU tdUyer VIII admit.
"The doors OF the Federal Courts
though securely CLOSED" by "SANoN')
against the Memphis Gas-Light Company
or any OF its stockholders" WILL uPEN
wIrH THAT KEY, DESPITE Oh MYLoRD,"
~"SAXoN."
saxon" takes comfort in the fact that
as vet. he sees no step at further litigation
by the Memphis Gas-Lfght Company. If
at all accommodating, he might rest quiet
on this point until the Circuit Court shall
have relieved the Gayoso Company from
the injunction which he claims was so
damaging to It. As vet the "bOaSting
bragg;irt company" he speaks Of, could
not appeal or pray a writ Of error from
the Chancery order because there has been
no final decree.
The ''Suit for heavy damages entering
largely INFO the assets of the Old com
pauy'' .gIich mag D. al trHs 60r GRght Ins
EnOr) il brought in the State Court can
be appealed 10 the Supreme Court OF the
State. and il upon the plea of the MEM
phis Gas-light Company thai il has the
exclusive privilege by its charter, the
judgment can be carried by writ of error
10 the Supreme Court ofihe United States,
under the authority above cited.
It thus appears, and very plainly to any
seeing man, that although the Gayoso Gas
Company may go on collecting lis stock
(Hnd the city may subscribc.) and laying
its pipes, and may also bring suit for the
"aSsets,'' vet its right TO all this will de-
pend upon the question, whether the
charter of the Memphis Gas-Lieht Com
pHuy grants To il an exclusive privilege.
aud whether the charter OF the GayosO
Company infplirs IL. and that question is
al last TO be FINALLY SETTLED ONLY
IN THE SUPREME COURT OF TIE
UNITED STATES; until which time lit
ffr4ff.rr ryf1l ar AN without inform "a inn
SO that any subscriber city or individually
to the Gayoso CompIny's stock, Will not
only nave the satisfaction of subscribing
for two lawsuits, bat foT lawsuits, which
il not assets" may turn out liabilities;
hut whether assets or liabilities, viii be of
duration to satisfy any reasona-
bic ambition for litigation.
The AUdidHchc concludes that the legal
right of the Memphis Gas-Light Company
10 The exclusive privilege OF manufacture
for sale and vending gas light i'm Mem
phis ma be maintained in the courts, /
!" because it is a well established fact that
exclusive privileges are odious alike TO
the American people and American iuris-
prudence" Highly complimentary 10 the 7
Supreme Bench and those wearing the
crInine in subordinate jurisdictions.
Popular feeling, preiudices, and fancies
govern the American Bench, according to
the AUaIaachc< and not the law.
Now. Mr.. I~UdIdBcbe. suppose the Su-
Court of the United States were as
demoralized, as you say, "it is an estab-
Iished fact" that they are-wOuld they
have lost so good sH opportunity to at least
Intimate an opinion against the claim
this company, 1t having been argued
on either side in the Trial before them?
Certainly such an intimaiiOn would have
popular. If Won have not slandered
American Jurisprudence" you must
feel assured that the Supreme Court were
so well convinced of The legality of the
claim set up by the Memphis Gas-Light
Company, that they could not however
popular it might be to do sol. INTIMATE
A BREATH AGAINST IT. with
In 4 few days we propose 20 again publish
the opinion and decree of the Supreme
COurt Of the United States in the q" GREAT
GAS CASE" mot the version" over
which so much fine wine was enjoyed,
an '%'offirial copy''). as the best posi-
reply to the iegal f-tiOas of SAXON"
he 4UaiGnche. and others who labor to
write "GavOso' up, and Memphis down.
Ont those beautiful Scotch Cashmere.
Velveteen and fine Beaver suits
AZ the coax Hall" Clothing House, and
such polite and attentive statesmen to wait
on you. Call in and see for yourself.
RRoCHE SHAwLs.-Just received by
* press, snme handsome designs in
shawls. which will he offered very
i. L~owENsTEIN & Bros.
ALAEGE arrival Of white and red fan
1els, which will he open on Monday and
offered very low. HERZOG & BRO.
VINO would wear old clothing. ont Of
vie. when such bargains can he obtained
IS at the coax HalP' Clothing House, 2jI
Main street?
EXTREMELY cheap Coaks, at the New
store, No. 29S Main street.
THE WEEKLY APPEAL is the largest
Jingle sheet published in the South.
BUY F. Y. Shirts. furnishing goods. etc.
IF WiggGns 4 Thorn. manuft cturors, 223
Main street, Clay Bnilding.
"
BILLsof Exchange on all the principal \.
sites or Europe, for sale in sums 10 suit,
It First National Bank, No. II Madison
treet.
LANES and childrens' hose. in great
'ariety, at great bargains, ut NJ. Kraus n
jo-'s, 2lS Main street, corner Of Adams.
CorToN Brokers' Marking Ink, a snpe- (,
Tor article. CHANDLER Il Co. !
GREAT bargains is Blankets, at the New
tore, 29S Main street. :
A FRESH arrival OF Audroscogin. Ions f;
ale, Hill md Hope bleached muSlins, :
( reduced rates. HERZOG & BRO.
N
OPERA CLoAEs, Bedouins. etc, At
l.. KREMER'S. :
BdHk Baiiafag, 0TRe Aqia and JeDer-
son streets.
The books for subscriptions ofsteck are
open at the gas Office. BY order OF /.
he Board Of Directors. 7,
GRAND OPENING-BriHiHHt SaIoon.-On q
Ionday morning. the Sth inst, at 10 ,
the undersigned will open the ,
Saloon, with a Game Lunch. !,
lusic, imported wines, fine liquors and !
gsrs. surprising anything ever before !
.Nen in Memphis. Al are invited. !
s.. DONDENO. Proprietor. =
THE WEEKLY APFEAL. the largest and q
- weekly in the Southwest, contains in n
lis weeks issue the fall proceedings Of t
ie Shelby County Agricultural and Me- {
Fair, besides the other current II
ofthe day. II is sold az five cents a c
copy, and is, according to size, the {,
paper published anywhere. $
.erchanis wishing 10 send a paper 10 u
country friends cannot do better 4
an get the WEEKLY APPEAL. a