Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-10-12
Con. carts 49, ana yehiclss of diferesnat de

scriptions, loaded with hay, wood. lumber,
corn, provisions and persons, that the tree
and safe, speedy and comfortable passage
thereof by. all !. persons-as all persons
nv the law of the land !. are entitled
to pass-is prevented, and the pass
oga effected !. only with delay, in
Convenience and danger. The State there
fora cbargea that the statute laws are viola
ted bv said co,porate authorities, and that
tbav o,,oIt 70 he compelled to remove the
sai3 maTketbouse nd prohibit auction sales
and stationary coIlec. lions of wagons and
carts in said square and s.treets ana oridge-
ways, whereby they are OBJ. 'trllcted ana cit,
liens are deprived of their laTiui rights e u
passage. h m .a,s -. i,,;a,, ,,,a,
8. The State charges by informal. 81. t Ia
the location of this markethouse is OF tne
extreme northern boundary of the city u
Nashville, near the banks of the Cumber-
land river. The corporate limits of
the city extend, with its population
on the west of said markethOuse, about
a mile: to the south about mile; to
the east about two miles. There is but one
public Markethouse in the city. All those
who would avail themselves of the benefit
of this public Markethouse under the regu-
lations Of the corporate authorities are bound
to come to this city market on the Square,
between the hours of 4 and O'Clock in the
morning, no matter at what part Of the city
they reside. The benefits of this Market
house, are therefore, in high degree local,
sectional and partial. The heart of the
city in the Immediate vicinity of the Square
is appropriated more largely to business
houses than residences, and consequently,
the location of the Markethouse there is of
less importance. The present system Of
one Mar31ethouse for the whole population
works great injustice and is manifesly
oppressive to the great body OF the
laboring poor who reside in parts of the city
remote from the square. They lose part
of their laboring hours in attempting to
reach so distant market, and are in many
instances for the same reason, prevented
from attending the market at all. The
establishment of one Markethouse for TWEEN
ty, thirty or forty thousand people, scattered
over a wide extent of territory, operates
practically to some extent, in the nature OF
monopoly. 1t restricts trade, Expresses
the poor, and retards the growth of the city.
If there were no public Markethouse in the
city of Nashville, as is the case in many
of the cities of the United States,
and MANY of the cities of Europe,
there can be no reasonable doubt that
town so populous as Nashville, surrounded
by a country, the supplies of which largely
exceed the demands of the city, that provi-
sion houses would instantly rise up in every
part of the city amply competent to supply
ali its wants, in much better manner than
they are now or everh have been supplied.
The State charges that the action of the
"a, 1rudar tha cUefom
force. which system originated at time
when the population of the city did not ex-
coed seven thousand and was all embraced
in the limits of from forty to fifty acres, now
operates to check, cripple and break
down private enterprise and private
markets. 1t prevents to some extent the
establishment of cheap and well supplied
markets contiguous to the residence OF each
citizen, and compels the great body of the
| inhabitants to travel from one-half to two
miles to get his daily supply of fresh pro-
visions. 1t is therefore urged that any one
Markethouse for the city of Nashville with
its extended limits and scattered population,
more especially if it be located at one ex-
! tremity thereof, must necessarily and I'M
| ayoidably be unjust, partial and oppressive
TO the great body of the inhabitants and
| ought to be prohibited. If the corporate
| authorities should establish three or four
commodious Markethouses justly and i'm
partially located, with reference to territory,
and population, no manifest oppression could
| be inflicted upon any portion of the people;
! and no well-founded dissatisfaction could
| exist at such action of the corporate author
| tiles. The city treasury is supplied by con-
| tributions from the taxpayers from every
part of the city and the money so contrl-
| buted is trust fund for the common bene-
| fit: and the Mayor and City Council, as
| trustees, are not authorized by law to DIS
tribute the benefits of this trust fund I'M
! Justly or partially and ought to be restrained
! from so doing. And some of your REALTORS
! state that they are property holders and In
/ corporators of the city of Nashville, and as
such property holders derived their titles
by succession and assignment from the
| trustees and directors appointed In the
| act of 1884, and claim the benefit OF all the
| trusts therein created and expressed.
4. The State charges by information the
marketbouse is now in decayed and ruin
| Gus state; that an approach to it on either
! side is in a great measure INSTRUCTED by
| shelters of dingy, decayed and repulsiye
appearance. The rain pours through the
roof of the markethouse and under and
| through those temporary shelters by which
il is surrounded. The obstruction OF the
rays of the sun and the decaying meats and
vegetables. and the accumulated filth oc-
casionaIly to be seen, give rise at certain
| seasons of the year TO noxiOus and
1 offensive smells and render the
| endowment of life and property uncom-
| Portable. TThe State by information charge
| that said Markethouse is made OF intiam-
mable material, and hence in constant dan
ger of destruction by fire, which would be
/ readily communicated TO the wholesale es-
| adjustments near by and to the Courthouse,
! by which immense loss might accrue both
to private individuals and to the public.
! The State therefore charges that 1t IS a
nuisance, public and private, on this ground,
and ought to be abated by order OF the
! court. Rooms at one end of the Market
house are occupied as stables for the horses
EMPLOYED by the fire engines of the city
| and as a shelter for one of the fire engines,
] and if a fire should occur, night
| or day, when the square was
! denselv crowded, in the manner
| above shown, it would be with difficulty
| that the said engine could be removed and
used without danger of accidents to life
and property. Other rooms, parts OF SAID
market buildings, are rented for eating and
| drinking saloons, for the accommodation OF
! those who resort to the market, either as
vendors or purchasers. The policy OF keep
/ ing up one Market House and auction
square, for the people who resort thither,
from the country, for the sale OF wood,
hay, lumber, live stock and provisions, and
for all the inhabitants of the city, and 9TH
ers who go there to purchase, the same be-
ing within the limits of four acres, must
necessarily and unavoidably Gre
| ate a public and private nuisance !;
occupied as it is with extensive buildings.
Time has demonstrated this practical re-
suit. 1t has INSTRUCTED the proceedings OF
the courts; it has violated the statute laws
! of the State by unreasonable distractions
of the streets and highways for considera-
BILE periods of time; and by fixtures repul-
sive to the sight and injurious to the char
acter of the city. 1t has created offensive
smells, rendering at times the enjoyment
of life and property uncomfortable. In
creating and continuing this nuisance, a
great wrong is perpetrated on majority of
the families residing in remote parts OF the
city.
The State charges by information, that it
has been proposed in the Corporate Coun-
ellis that a large sum should be appropriated