Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-10-12

State of Tennessee VS.. the Mayor and
City Council. i-4


in the Chancery Court yesterday, praying
that the present Markethouse be abated
and removed as public nuisance. The
bill speaks for itself, and will repay an at
tentive perusal by all those who are inter-
ested in this important local question. No
time is better than the present for the settle
ment of the matters involved, as the in
crease of the population will increase the
troubles arising ON this subject. Undoubt-
edly many of the evils set forth in this docu
ment are well founded. We presume the
whole matter will be submitted to well
selected jury of enlightened men,
under the charge of the Chan
cellor, and that the matter will
be controlled by the laws Of the land. We
feel satisfied the present state of things is
derogatory to the character of the city, and
is regarded by some of the leading men
doing business on the Square as injurious to
their best interests. In fact we may remark
that the markethouse in its present condi-
ton has so long been regarded as anuisance
that it is likely the City Council will make
no defence to the charges and will let the
law take its course. The bill is filed in be-
half of large number of citizens residing
in different portions Of the city by Philip
Lindsey, Esq. and Judge w. II. Humphreys,
the counsel for REALTORS. We give as follows
the bill in full: ~
The State of Tennessee by its REALTORS
aforesaid, states to your henor that the
markethouse situated on the public square,
in the city of Nashville, Davidson county,
with the present fixed system of sales con-
nected Herewith, is public nuisance and
ought TO be abated and removed by the cor
porate authorities of tie city of Nashville,
by whom it is now sustained and supported.
In support of this charge, the State, by
relotion aforesaid makes the following speci-
fications:
l. The said markethouse with the sys-
TEN of sales by auction and otherwise i'm
pedeS, embarrasses and obStructs the pro-
ceedings in the court of justice and the pro-
ceedings with the administration of justice,
and the finances of the county.
The Legislature of North Carolina, in the
year 1874, enacted law by which it was
provided as follows, to-wit: The directors
and trustees hereinafter named, or a ma
jority of them, shall, so soon as may be,
after the passage Of this act, cause two
hundred acres of land, situate on the south
side of Cumberland river, at place called
the Bluff, adjacent TO the French Lick, in
which the said Lick shall not be included, to
| be laid off in lots of one acre each, with con-
venient streets, lanes and allies, reserving
| four acres for the purpose of erecting pub
lie buildings, on which land so laid of, ac-
| cording to the direction of this act, is hereby
! constituted, erected and established a town,
and shall be called and known as the town
| of Nashville"
This act further provides that the persons
therein designated shall be constituted ''di-
rectOrs and trustees for erecting and laying
out and carrying On the said town, and they
| shall stand seized of an indefeasable estate
| in fee of the said two hundred acres for
the uses, trusts and purposes hereby ex-
pressed and declared and they or any of
them SHOULD have the power and author
| ity to cause plan thereof to be made, and
the lots to be numbered, and the town laid
| off according to said PLAN The act furth-
er provides for the sale of the lots; the ap-
pointment of a treasurer and the filling of
vacancies in the Board of Trustees and Di-
rectors, and directs that the moneys col
! lected from the sale of the lots shall
| be paid over to certain designated in
! dividuals to be by them applied to the
purpose of building a courthouse, prison
| and stocks upon the before reserved lots, for
| the use and benefit of Davidson county"
| Under this act the town of Nashville was
| laid off, the lots sold, and the proceeds of
| the State appropriated, as your REALTORS be-
! lieve, in conformity with the law. The
! courthouse was erected. and a continued
! organization kept up by the said designated
! trustees and directors, aud their successors,
to this day. On the first day of September,
1906, the town was formally incorporated,
| and the State charges that by the act of
1906, and by the act passed in 1915
| and various amendatOry acts, the title
| of the trustees and directors APP
| pointed in the act of 17S4 is now
vested in the present Mayor and City
| Council, with all the trusts in the said act
! expressed. Since the period of the organi-
| cation of the county, courts have been held
in buildings erected by the county of Da-
wilson, tO-wit: The Courts of Common
| Law, of Equity, the County Courts and the
| offices connected with said courts as a part
| of the machinery in the administration of
| Justice. The Supreme Court of Tennessee
and the Federal Court and the Legislature
| also, since Nashville was the seat of gov
eminent, were held at the Courthouse here,
erected by the county of Davidson, and so
continued to be held, until the want of ac-
! cOmmOdation and other inconvenience and
/ distinctions compelled the erection of the
| State Capitol. But on the said public square
| of four acres, is now situated the Court
house, erected by the county of Davidson
! for the benefit of all the inhabitants Of the
same, and in said Courthouse is now held
the Chancery Court, the Court of Common
Law, and the County Courts, and the pub
lie offices connected with the administration
| of Justice and with the finances of the
county of Davidson are held therein. The
State submits to the judicial department of
the government, whether the location
at the courthouse, erected for the benefit of
all the inhabitants of Davidson county on
the said square; the courthouse, prison and
the stocks being the only buildings specified
in the act of 1884, are not properly and
| legally located in conformity with the trusts
specified in said act; and, therefore, the Off
GERS employed therein, in no event to be
| impeded. embarrassed or INSTRUCTED in the
discharge of the functions appertaining to
said offices. Yet the State, by information
charges that the city authorities have erected
on said square of four acres a markethOuSe
with city offices connected Herewith, ex-
tending in an Oblong almost en-
tirelv across the square; and occupies
much of the four acres. Though the Mar
kethouse was erected in 1885, and may have
been justified under the circumstances
which then existed, yet it is now kept up by
the constituted city authorities who have
from time to time permitted and sanctioned
it; and permitted and authorized an extern
sive system of sales by auction and other
wise connected with the said Markethouse.
And in consequence of these permisSions
and sanctions, the greater portion OF the
Square is from week TO week, or parts Of
every week thronged with stationary and
moving wagons and carts, loaded with
wood, hay, lumber and other arti-
Cles of a coarse and cumbersome
character, provisions and live stock; so that
the whole square is not unfrequently GOV.
cred with dense mass of persons, wagons
and live stock. The State by information
charges that such is the noise and confusion
arising from this state of things that the jul
rvlnen and the officers of the courts and o.
the finances can with difficulty hear what is
said and what they are bound to hear dis
tinctly, and act upon in the discharge o.
their official duties. Ii is therefore stated
in conformity with well known facts, that
the proceedings of the courts, and the pub
lie offices connected with the administration
of justice and the finances, are impeded
embarrassed and INSTRUCTED by the said
Markethouse and the system Of sales con.
IL i'll. 4 Al,