Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-07-07
GENERAL COUNCIL,
TOFFICIAL
CRY Han, MEMPHls, July ., 1871.

CRY HAIL, MEMPHEs, July ., 1871.
At meeting of the Mayor and Common
gauncil of the city of Memphis. on
wednesday, July 5, 1s7l-present: Hon.
Tahn johnson, Mayor; Messrs. President
Duncan. Zent, Walsh, Chase, Lightburn,
.tmis, Eschman, Pettigrew, Bschmanl
Rufin, Harry, TWOhig, Genette, Grehsn,
Schsbsl, Reedsr, Smith and Boland,
CounCilmen.
A uuorum being announced, the Presi-
dent toOk his seat, called the members
present TO order, and had the roll after
Ward called, when, on motion, the read
mo Of the minutes were dispensed with
until the next adjourned meeting
WHARFAGE ORDINANCE.
Re it ordained by the COdncil Of the city
81 Memphis, Tenn:
SECTION 1. Ali steamboats,, packets,
bargss and steamboat bulls used as
psrges. shall pay SIX cents Per ton, which
shall entitle them to all the privileges OF
b wharf and landing, 70 Tens5n s1d DIS
of six DAVIS. and two cents per ton for
esch twenty-four hours they may rsmsin
after the expiration Of six days, except
such pscket boats rs make two or more
trips a week, they 10 pay half the above
amount Of wharfage.
SEC. 2. Ali transient steamboats,, tor the
sDacs of six hours or less, from and amer
me hhNAE 81 NEb nnLAA0n Vi AZ GAAAu Va
100 tons and under, shall pay 50; from 100
tons &c 200 tons, s.; from 20 tens 10 800
tons. So: from 800 tons to 400 tons, 81;
from 400 tons to 800 tons, g; from 500 tons
10 700 tons, Il; from 700 tons to 800 tons,
So; from 500 tons to 800 tons, Sl6; from
900 tons 10 1000 tons, SIS; from 1000 tons
and upward, SO; and One-hBlf the above
rates Tor each additional six hours or less
they may remsin after the nrst term OF
six hours.
SEC. 3. That this ordinance shall take
effect from and after its passage, and 6ll
ordinances and parts Of con
nictiug with the same be, and the same
are hereby repealed.
An Of which is respectfully submitted
Report read and adopted and ordinance
passed one reading by the Council, June
Z. 1871. Rules suspended under the four
teenth ssctiOn OF City Charter, and passed
"A second and final reading by Council,
June =, lS7L. Passed first a second reSd-
ing by Board OF Aldermen, under suspen-
zion Of section fourteen, City Charter,
June 7, 1871,
MAJORS OFFICE, CITY HALL,
MEMPHIS, July 5, lSILJ
To the Honorable General Council:
/ respectfully return, without my ap-
urOval- the ordinance changing the rates
Of wharfage, for b reason that IN my
opinion. it discriminstes against our pack
cts and in favor of the transient boats,
which I think is not the OF the
General Council, but would take this Oc-
caston TO recommend the adoption OF a
new ordinance reducing the rates OF
wharfage upon packets and transient boats
alike. Respectfully,
JOHN JOHNSON, Mayor.
Received and referred to a special COM
mittee Of three Of Council-Amis, Smith
and Grehsn.
MAYORS OFFICE, CITY HALL,
MEMPHIS, Tenn July 5, II.
To the Hon. General Council OF the city
Of Memphis;
GenHemea-I herewith submit a copy
sach Of the opinion and decree of the Su-
prsms Court in the case of the city OF
Memphis va. the Memphis Water Com
psny. and would recommend that they be
spread upon the minutes for future
reference, and also published for the gen
srsl information Of the public.
JNC JOHNSON, Mayor.
Received and sdOpted. COncurred IN
by Board Of Aldermen, July 9, II.
Decree -CItyo Memphis Us. tbs Memphis
Water C0mpany-Suprsms Court of
Tennessee, April Term, ISL.
This cause coming on TO be heard before
The Honorable Judges of the Supreme
COur Of Tennessee, on the duly certified
transcript Of the record OF the proceedings
and judgment in the court below 70 wit:
The First Circuit COurJ Of Shelby county,
snd his Court being sufficiently advised,
il is considered that there is no error In
the judgment Of the First Circuit Court
in the Aforesaid premises, snd tGst said
Judgment is therefore affirmed. Il is
therefore considered snd 50 sdjudged and
decree6, thst the city Of Memphis IS not
entitled 10 the relief nor to any part
thereof sought bY the said plaintiff in er-
rOr, and on its behalf, u that the charter
Of the defendants, the Memphis Water
Company, is not in whole nor in part nor
IN any provision thereof, in conflict with
any constitutions provision; that the
said Memphis Wster Company have the
right to the undisturbed enjoyment Of al
the rights, privileges, and franchises
granted the said company by its charter,
which is an act of the General Assembly
Oftha State o. Tennessee, passed Febru-
airy IS, 1870, aud entitled an act 70 in
corporate the Memphis Water Company.
The said Memphis Wster Company is
hereby confirmed IN all the said rights, |
privileges and franchises conferred by the
aforesaid act Incorporating tie same with
out any RhridEement OF modification |
thereof, and il Is ordered and decreed that
the sad company DO quoted and remain
unmolested ia the use, exercise and en-
ioymsnt OF the same, free from all inter /
ruptiOn or Interference by Or on
behslf of the city Of Memphis,
sndi il is further ordered, sdjudged and
decresd thst the city of Memphis and its
corporate authorities npw, and in the ia
ture, be and they are hereby %enjoinod and
restrained from asserting, claiming or /
exercising for the period Of thirty years,
without the consent Of the dstendsnts, the
Memphis Wafer Company, t~heFight, phi
gilege, franchise, OF business Of supply
ing the city of Memphis ana
the inhabitants thereof, OF either, |
with water, by means of public
works, it being the exclusive privilege OF
defendants corporation aforesaid so to do
for the aforesaid period of thirty years. |
The court being likewise OF opinion snd so
deciding that the defendant, the Memphis
Water Company is authorized to establish
and construct water woTksin andadlscent
to, the city Of Memphis, and TO supply /
the said city and the Inhabitants thereof
with a plentiful supply Of water, and for
that purpose at il is authorized q
empowered and invested with the exclu-
sive privilege to lay down pipes and TO
extend squeducts and conductors through
all or any of the streets, lanes n alleys
Of the CITY of Memphis, and to supply /
the inhabitants Of the said city with water
by public works, and for the purpose OF
down such pipes, squeducts and
conductors, may take up the psyements
sidewalks pom such streets, lanes and
- N1A 49,
to be taken up in such 2 manner as to
the least inconvenience TO the in
Of said city, and the same 10 he
with all convenient speed, by
and At the expense Of the said com
psny, ard without the consent Of the said
city OF Memphis or the Inhabitants there
OF, and without compensation 10 the ssid
city, it's Inhabitants, or b sdjscent prop
srty holders or lot owners.
II is, therefore, ordered, sdjudZed and
that the city OF Memphis and It's
authorities, nov snd in the fu-
ture, be enjoined and restrained during
The ninety-nine years for which said char
ter has been granted the defendants, she
Memphis Water Company, from interior
M with, futerruptinR or Resisting the es-
adjustment and construction by The de-
fendsnts, the Memphis Water Company,
Of water works in and adjacent TO
he city of Memphis in the MAN.
ner prescribed in the charter of
said Memphis Water Company,
also from Interfering with, interrupt
nE or resisting the defendants, the Mem
ohis Water CoapZnE in she exercise OF
exclusive privilege to lay down pipes,
3dusducts and conductors through all or
Of the streets, lanes or alleys Of the
OF Memphis, for the purpose of sup
the said city Of Memphis and the
with water by means Of pub
lie works, rs provided for and con-
Yemplseed In the charter Of said de-
'endants, and also from interfering
with, ~tnUerfupting OF resisting de- 4
.endsnts, the Bsid Memphis Water Comb /
Dany, in taking up the pavements or side
walks In such streets, lanss or sIIsvs
Tor the purpose offayingdown such pIpts
iqueducts snd conductors, the same 10 lie
up and replaced as prescribed in
he defendants charter. And the CITY ofij
Memphis and the ~pOr suthoritfas ,
manner from interfering with, interrupt
or resistinc the defendants, the Mem
1his Water Company, In the exercise Of
luch incidental powers with reference 10 /
he uee and o~ccupstion OF such streets