Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-08-04


bid of o. 3. p. Piper q %. Report adopted
by Council and their action-oonourred in
BY the Board of Aldermen. For the re-
port at length, reference Is made to their
publiFhsd proceedings, August 2, ISL.
The petition OF John e. Brown In rela-
ton to the transfer By DeVassa d Co. ola
labor brokers' city license. which petit
toner alleges was wrongfully transferred
by DeVassa to -, and prays for relief,
etc; referred by Council TO City Attor-
ney, July, s, 1871; the City Attorney re-
ports as follows: The General Council
cal not settle the dispute between De
Vassa and Brown, nor make any determi-
nation that viii bind them. From the
showing of the petition, neither partner
IL entitled exclusively to the license. The
license does not authorize more than one
business. And It is immaterial TO the city
which Of the two has the beneht Of the
license. As I understand the petition,
only IA business Is being carried on I'M
der the license, and so long as that Is the
case, the city has no cause of complaint.
Adopted by Council, August 2, 1871.
On q resolution in relation to the city's
liability in cases of damage done 70 pri-
vate property by the city's FIRE depart
ment in the course of their efforts to ex-
tinguish fires, ETC.; report adopted by
Council and their action concurred in by
the Bosrd of Aldermen.
For particulars reference is made to
the published proceedings of the Board
of Aldermen, August 2, 1871, whore the
report will be found published at length.
Upon the mestsge Of his Hon., Mayor
Johnson, vetoing the action ofthe General
Council touching the grading OF the
bluffs in front of the city, q msiority of
your Councils Special Committee report
as follows: After a careful consideration
OF the Mayors veto message we wonld
respectfully recommend that the veto be
sustained by the Board, for several rea-
sons, one Of which being the probability
of the railroad passing in front of the
city, which viii necessitate the removal
of q large portion of the bluffs without
expense to the city.
Report received Augusta 2, 1871, and adopt
ed by the following vote: Messrs. Yeas
Zent, Walsh, Chase, BRchmRn, MalatestR,
SiRniago, Genet, Sehsbell, Reder, Smith
and Dunesn-ll. Nays-Messrs. Amis,
Eschmann, Lightburn, Rufin, Harvey
TWohig, Grehan and BoWland-6.
Resolved, That the Chair appoint q
committee. consisting of n member
from each Board, to examine into the pro-
priety of granting the railroads the right
Of way through the city, ard to report at
the next regular meeting. .
Resolution adopted by Council, Au-
Committee-Rumn, 9th Ward; Zent. i;
Smith, 10; Schsbel, 8; Bachman, 8;
Chase, 2; Eshmsnn, 8; Pettigrew, 4; Sig
nisgo, 2; Gennett, s, snd the City Attor-
ney and the City Engineer. The Mayor
and President of this Council were added.
Resolved, hat g committee Of five be
appointed to confer with the Water-works
Company. 10 see if they will transfer q
portion Of their stock to the city, and that
the Mayor and City Attorney be added TO
said committee.
Adopted by the Council August q, 1871.
COMMITTEES: Messrs. Rufin, Pettigrew,
Lightburn, Reder, MalatestR and City
Attorney, with the Mayor as chairman. !
PETITIONS.
The petition of John n. Young, pray
ing to be compensated for services as en-
gineer in 1853, lat the time there being no
regularly appointed City Engineer in
surveying and laying out and furnishing
grades of certain alleys and streets, viz:
The alley running from Hill street to
Winchester avenue, etc.
Referred by Council to their Commute
on Claims, August 2, 1871.
The petition Of Mrs. Mary A. Smith,
claiming damages from the city for al
injury done to her vault in Win
Cemetery, etc.
Referred by Council to their Special
Messrs. Councilmen bach
man, Chase and Bolsnd, August 2, 1871.
MEMPHIS, July 81, 1871. |
To the Honorable General Council:
I Am directed by the Memphis Freight
.ng Company to submit to your honors-
Die body the accompanying propositions
along with it, to address certain ex-
plantations, which the company desires
he City Council to be put in possession
If. In making these explanations plain
y and explicitly, the company does not
intend to set up any ~unfounded claim OF
or privilege, or by any means to de-
ract from the power of the municipal
authorities. On the contrary, il enter
q very earnest desire for harmony
With the city in the execution and con.
Of its enterprise, and it believes that
full equivalent Is rendered the city for
that is asked, and 1t is even yet pre-
AIRED to hear any proposition on the part
the city which may not look to any +,
urrender of its chartered privileges. But
he company furthermore believes that in
with practical business men. such !
s compose the City Council, it is both
and best to announce, in uneQuiv- !
terms, what rights 1t claims to have,
n point of law, that the City Council
nay be the better enabled to advise. con-
the past foundations of such J
lsims, and thereby better prepared to
egotiate upon any propositions which {
nay be presented. In this spirit of {
-snkness and csndor, then, 1 proceed to !
forth the views Of the company: !
1. The existence OF the company Is based !
pom its act of incorporation, and the :
obstruction of hat act by the Supreme
curt. See act of May Is, 1856. chapter
section Is and IA; Osldwell's Reports, s
%. s
2. The rights and privileges of the COM
NV uwa 70 ha fNrn1 in NEo 49, Il
. construed, and the amended charter, {
sssed to meet the requirements as {
.ggested in the decision of the Supreme !
onrt, in order to constitute the object +,
nd purpose of the compony q pa6Lie use l
&c. act 1878, D. 2l4; chapter 95, sec. 8. {
hese acts, original and smendRtory con-. {
5itute our charter, and invest our COM :
any, as we feel confident. with the fol- !
rights and privileges: S
/. The right TO the occupation and use (
the landing q promenade, for the 3
of their charter, 10iM tie FiOht of c
rsOT selection for their works between [
eplsr and Beaie streets, and that no Q
her company or persian can anticipate I
lch selection. 3
2. That such prior selection is not the {
ctsnt Of their rights within the location
~ssignated, but they have in such location .
exclusive priOitege in the use Of the q
-omenRde, etc. for the purposes of their 3
lRrter, against all persons or companies, Y
llsss such person or company shall be U
Gated q corporation, and invested with Il
privileges by the Legislature. q
3. That inasmueh as thsir charter pro- q
for no consent by the city as pre- q
ninsry to the enjoyment of their rights. "
ese rights exist Independent of the city, y
ID the city cannot itself. nor can 1t au- "
OriZe another to conflict with those v
yhts, within the location designated In u
cir charter. u
1. That, as by the amended charter the .
are made common carriers, an u
sreby dedicated TO q public use, and the 81
ant Of the charter Is of public property, ~
ready so dedicated, there is q strong u
disability that the company will be en- 70
led to have the property granted, NTH ~
any compensation to the city for its y
This is not intended to be asserted as q
yal proposition beyond CONTROVERSY. But y,
judicial rulings within that way, and =,
3 current Of authority is setting fast in N
st direction. ~
And in this point, the question of COM IN
being doubtful, il is worthy the es
nsideratiOn of both parties to avoid such br
ltters Of litigation by a friendly ADJUST ss
INT and compromise. Cd
With the foregoing appreciation of our II
hts and privileges, but yet with an ear th
st desire TO maintain the most harmO- th
,us relations with the city, snd to make pr
T q reasonable Tsrticipsnt in the advsn- til
yes and profits of the enterprise, we le
or 70 contract with her on the terms tn
holding out, as we do, these
2.
d. A chartered right TO the most desira- N
location, of which we cannot be de- Gt
we'd. =
/. A capacity 70 give the city, for its CO. BI
as liberal an interest or share Gil
the profits AZ any other company can.
. The advantages of such negotiation
h the city as may avoid yexRtious and No
nsigstion, and 5stspIish nome of
npsny, whose prosperity viii mingle IL
b that of the city, and aid In promoting sT
Respectfully submitted, =
d. K. MoRAE, President. an
loaa4woI hxr Nounofl e,l o-I,~1I - -