Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-11-26
THE OLD Gun FACTORY.
Special Meeting Of the City Council,
in COnVenlion.

in Convention.
A special meeting of both Boards of the
City Council was to have been held las
| night, according to the understanding at
the last meeting of each Board on Thursday
night, to hear the Hon. T.. II. Ewing in ref
Il erence to the suit concerning the old gun
factory property on College street, in South
Nashville.
At the time appointed for the meeting.
President Craighead took the chair, and,
as there vas no quorum present from the
Board Of Aldermen, dire ted the City
Marshal to ascertain if r quorum could be
present.
After waving some time a quorum was
obtained, aud both Boards met in conTen-
ton, President Craiehead in the chair as
presiding officer Of the Common Council,
and Alderman Wilkinson on the part Of
the other Board
Mr.. j. II. Ewing then addressed the
convention at some length, giving his
tory OF the old gun factory property on
College street, id South Nashville, and also
presenting several points of law involved
in the case.
After some preliminary observations,
MIR. Ewing gave history of the Gun
Factory property, from which it appeared
that at the session of lS6O-6i the State
| Legislature chartered the Gun Factory
corporation. The object undoubtedly was
to manufacture guns for the Confectionery:
| and the legality or Illegally of the act in
cooperating it would undoubtedly depend
on the nice question whether this was a
| defacto government, and whether it was
one of its belligeFent rights to manufacture
l incl Hkr
| Nashville being then Re6el, chose to make
a subscription to this Qua Factory. Mr..
Andrew Ewing, Judge Cooper and others,
each subscribed a certain amount of stock
| Ia the factory. The corporation of Nash
vile gave the lot Of $50 feet, for which
they were to be paid So, 80 in stock.
After the subscription was made the whole
| affair fell through, owing 10 the occupation
OF Nashville by the Federal army. But in
the meantime this lot had been built upon,
and great many parties had contributed
labor and building materials Andrew
Ewing, deceased, was actively interested
in the matter, and undertook to borrow
| for the Gun rsctory about ten thousand
dollars, to carry it on. After the war,
Law suit was brought against his estate and
/ that suit had been compromised by his ad-
ministrators paying $40, 200
After preventing various legal reasons,
| which In his opinion would uphold his
vieB OF the case in the courts Mr.. Ewing
read the following paper from Mr.. Lellyett,
| City Attorney.
1 To the Mayor and City Council of Nashville
To prevent any misunderstanding Of my
position in respect to the Nashville Gen
Factory property, l have requested Mr..
Ewing to read the following statement from
me, at the time he shall present TO vcu the
| claims of parties whom he represents:
l. L am the only attorney that know
Of, representing the claim of the CITY in
respect to that property Messrs. Ewing
and Cooper both represent an interest or
interests adverse TO that of the city, and
SO wish to be understood.
?. have examined fully the questions
of fact aud the questions of law involved
in the matter, and am fully of opinion that
the city is 5R hGdC the owner Of $50 feet OF
the ground on which the Gun Factory
building stands, fronting on College street,
and running half way back to Cherry street
to an alley, together a5jtb the building
thereon, and that in strict eguity the cor
poration is entitled to the ground above
described, without the improvements.
| 9. think the compromise lately offered
by action of the Council to ]. II. Hamil-
ton, Receiver, was large concession on
the part Of the corporation; and if not
promptly accepted, ought to be Withdrawn.
!. Thus much l have felt it my duty
to say, and not more, as a volunteer; but
will give further information or advice, il
called for by you. Respectfully,
JOHN LELLYETT, Attorney.
Nov. %, 1870.
In conclusion, Mr., Ewing urged upon
the City Council, as gentlemen represent
ing an honest constituency, the importance
and justice of satisfying ali Just and lega
claims, and stated that he thought the city
ought not to consider the vslue of tht
ground itself at mora than three thousand
dollars. In reply to question, ne state,
that he thought the claims of the creditor
of the gun factory were $50, 600, and
they could get the amount Of principal due
they would be willing to let the interest go
He thought the factory property worll
about $50, 900. Mr.. Craighead asket
whether bill could probably be drawn III
that would suit the parties, and Mr. Ewiu:
replied that he thought it might, and tina
the parties would give their assent to it be
fore it was passed
The convention then arose, and eacl
Board adjourned till the next regular meet
ing.