Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-11-10
THE GAs-LlGRT QUESTION.
The Memphis Gas-Light Company TO the
Public.

inst, II a communication in the Ledger
of the 9Th inst, charge this Company with
inisreprcsenting "ths r status OF Inc
litigation between the two companies.
That IL Is not our purpose - do SO. is evi-
dent by the fact that we published. at fnli
price rates, the opinion and decision OF
The Supreme Court in the case-not a
v~rRsroN'' of It as the AUdidnehe says, buS
an .~oficial COPY as the editors OF that
paper knew. We desire TO deceive no
one. and hope no one may be deceived BY
me observation-disclosures of others; nor do
we mean 10 indulge in epithetitive decla-
nation.
With the decision, we submitted a brief
summary OF the points decided, though
objected to by the IUdlastche, and perhaps
ne same writer in tho Ledger, over the
signature OF SAXON" as yet no lawyer
will hazard his professional reputation by
amending his signature TO a statement
DENYING the truthfulness of the deduc-
lions we made and published.
It i admitted 10y saxon" that the SUI
preme Court of the United States did not
''reach the question of exclusive privi-
lega as a point in Judgment" and this
admission sustains our view.
The further statement of Saxon" that
$50 unsubstantial and frivolous was the
bill filed in the Circuit Cour that the SUI
preme Court could not reach IT," most
COlEAuSANtl luNtaAlts "a assn NtAt1 " II
public that this question HAS NOT
BEEN DECIDED.
But the Supreme Court DOES NOT de-
eide ~ saxon says il does.
THAT the Old Company, or any stock
holder therein, can nave no status in a
Federal court, and cannot maintain a suit
in any ofthese courts"
: 1t did only decide on this point that the
appeal then brought would not lie, be-
-. ~ Es-...sN IL..-N An vA,F L..aA Ia
risdiction IN 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 present status of the case is this,
which all may understand h wish to be
rightfully informed Oh the subject:
/. The Memphis Gas-Light Company
nave an injunction bill pending against
the Gaynso Gas Company in the Chancery
Court of Memphis. Upon this bill, truth
Oat Hearing or argument. there has been
an order for a preliminary injunction re-
~straining the GayoSo Gas Company from
laying their pipes above those of the Mem
phis Gas-Iight Company, or so near TO
them as to injure them.
This is only a partial Injunction, but
the bill now stands over FOR a hearing. On
the final hearing, If the decision be against
the absolute Injunction asked for by the
DlttlLlllSs incN may dHptdl ~ ~ gu PAtAAAC
Court of the State, and if the decision
should lie there sustained, the plaintiffs
NAV then carry the case again to the Su-
preme Court of the United States, under
The 18th section Of The judiciary act of
I7S9, when that court will nave ~undOubted
jurisdiction. as eDeyV larger will admit.
1.-THE doors OF the Federal Courts"
though securely CLOSED" tby "SAXON")
'.against the Memphis ds-Light Company
- Of ifE zfpaE ha91arG - xrFT 9 nDA2 =
WITH THAI KEY, DESPITE OF MY LORD"
~''SAXoN."
saxon" takes comfort in the fact that
as vet, he sees no step at further litigation
by the Memphis Gas-Light Company. II
at all accommodating, he might rest quiet
on this point until the Circuit Court shall
have relieved the Gsyoso Company from
the injunction which he claims was so
damaging to it. As vet the "boastiug
bra-gart company" he speaks of. could
not appeal or pray q writ of error from
the Chancery order because there has been
no DRai decree.
The "suit for heavy damages entering
largely INTO The assets of the old COM
pany'' ,lrhicb may be all true jOT du5ht trc
knOW) ii brought in the State Court can
be appealed TO the supreme Court of the
State, and if upon the plea Of the " Mem
phiS Gas-Light Company" that it has the
GAAAAAoAN1 III - - n a. - N[AH kAAh
Judgment of the Court Should be against
it, and damages should he awarded-that
judgment can be carried by writ OF error
TO the Supreme Coust of the United
States, under the authority above cited.
II thus appears, and very plainly TO any
seeing man, that, although the GayOso
Gas Company may go on collecting its
stock land the city may subscrihc(, and
laying its pipes, and may also bring suit
E.r tho - aEa.fG - 81 ffg YryJF .. all fTfg
will depend upon the question, whether
the Charter of tho Memphis Gas-Light
Company grants to il An exclusive privi-
lege, and whether The charter OF the
GayosO Company impairs il, and that
question is at last TO be FINALLY SET
tiled ONLY IN THE SUPREME
COURT OF THE UNITED STATES;
until which time litigation will go on
without interruption. So that II sub
scribcr CITY or ludividua) TO the GdyosO
Coinpany's stock, viii not only have the
satisfaction Of subscribing for two aw-
suits, but for lawsuits which il not i" rs
sets - may turn out ii3bilties; but wheth-
or assets or liabilities, will be Of sufficient
duration to satisfy any reasonable ambi-
ton for litigation.
The AraldHche concludes that the legal
right of the Gas-Light Company to the
exclusive privilege of manufacturing fOr
1@AN az hAaa1tAA@ Se1AAHAN ga an
cannot be maintained in The courts, "ba-
cause it is n well established fact that ex-
elusive privileges are Odinus alike to the
American people and American iUrispru-
dence." Highly complimentary to the
Bench and those wearing the
erIninein subordinate jurisdictions.
Popular feeling. p%rejudices, and fancies
govern the American Bench, according TO
the 1UGtaRche, and not the law.
Nav- NJ faVTs-raJa gr-r.aCn fta ca
preme Court Of the United states were as
demoralized, as you say "it is an estab-
lisbed fact" that they are-would they
have lost so good an opportunity to at
least intimate an opinion against the claim
of this company. it having been argued on
either side in the trial before them? Ger
tainly such an iutimatiOn would have been
popular. If you have not ~slandered
" American Jurisprudence, you must feel
assured that the Supreme COurt were 50
well convinced of the legality of the claim
set up by the Memphis Gas-Light Com
pany, that they could not however p0pu-
lar it might be 10 do sol. INTIMATE
EVEN A BREATH AGAINST IT.
Within a few DAYS we propose to again
publish the opinion and decree OF the
Supreme Court Of the United States in the
u" GRFAT GAS CASE" mot the aversion"
over which so much inc wine was en-
IDN GU bht All NuAAlNA NNpF a. AAt bto~
possible reply TO the leg1i GcfiORS of "SaN-
on" the -lOdiGBcAe, and others who labor
TO write "Gayoso" up, and Memphis
down.
Meanwhile, We give them for considera-
ton, the following extract from that, TO
them, embarrassing document: "IF HE'LL
BY THE STATE CoURT oN Il FINAL
HEARING, THAI IL MEMPHIS GAS Com
PANY TAI THE EXCLUSIVES RIGHT, THE
l. TETIT NEE on ITTFn nHgTTTrn gFhNT
PANY MUST CEASE.7