Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1873-03-12

pFoYCuonl OF the tUtpU. tiohtf VS. NtFr
iainly % be paid BY somebody los lee WORK.
Tho duty of forlormlng the work Fesiei urqn
the corporation. ana tho corporation Wtt tho
trusted 20 collect the money nom ciutenl,, ar
rortionlnF 20 each III. prores shstn ss,stuiHs
nayment ior tho Improvement, ~ tho city
exceeded h powers and acted under init.
take Of law surely the lanocsns Wy e"nir
mi law familiar a. the famous naxim about
] Nelnntarg paymcnls, that whom ono or two
Innocent hartiol must loso BY an event, tho
party BY, whose nssllgenI Of s'ps'sSn,islg
/ with tho loss. The rule u strcngthened BY the
] fct. In this case that the city. Instead Of
moctins with amy loss. actually made gain.
The eiu1sns' she ,,,," g., ''. ,hs s's shes
agent, tho City knglneer. requested the bills
] No be- raid r." you ask for money 90 discharge
I those lots that 4 own from all ninIe direct or
indirect TAXATION on aeeoqn, o. sns nAa ~
/ Il, use Il a. trust innd-l have iaith that 4
will DO fairly dealt with. OF any error cor.
roctsd. II you make illegal charges aga.nst
/ a. nav one cent en- account 81 Nlcolson %
stone pavement. h thoro court IN Tennessee
or o court In tho world that would NOT slNc
relief In some way IN case involving sueh
extreme hardship A contrary opinion shocks
every sense Of human Justice. Equality 81
burdens Is the main feature Of svod soFeFn-
mont.
The money was thcn nhlus auo paul. ~
contend under the implied trust aigEesaid
aud the next question n, how was Y disposed
OIL or who resolved the benefit Of IL! "a.
/ learned after paid s3o6S Is IN scrip. for
paving lot on Jefferson street mat we eiS
had also issped bonds % pay for such paving;
The public debt was diminished BY the sum ot
a.NS Is. i am out OF pocket whatever paid
for said scrip. certainly not less than s2oy0-
and yet that lot is annually taxed 10 pay the
interest. and will hereafter. be subject %
taxation 60 pay tho principal OF the bonds
thus Issued. The plain English Of the trans
action j., giN or roiHHiarv pdtmem 70 thc
city OF whatever amount paid for said scrip
am informed that very few. II indeed An-
other property holder. paid for paving on Jcf-
ferson street; and i respectfully ask that me
money that paid for said scrip Dc refunded
20 me or placed 20 my credit ON the books OF
the City treasurer. As 20 the remainder Of the
money paid in cash to.the Tax Collector, being
$3.50 sl2 do not know how II was disposed
OF, but suppose II was paid in satisfaction OF
ment mas been made with Louden 4 Co., and
bonds given or notes executed Tor the balance
due 10 them, take i as a fact. that in the
settlement the sum OF soiss y, PAID by me 20
them. was credited 20 thecity. Their Is a lit
igation still pending with 4. E. Brown 4 Co.;
who appear as contractors for themselves and
as the aSsignees Of other eontraetors, The
statement Of account rendered by inc city
shows that the citY claimed and obtained
credit Of sf7l ,Ss5 s., as money paid by private
individuals and in this credit will doubtless
be found the entire balance Of the money paid
By your petitioner There may be dispute
about the correctness Of items in the accounts
of the contractors. but imagine the point
will hardly be seriously pressed, that the city
in its corporate capacity, Is not legally liable
for the Just claims Of all these contractors. A
paper purp0rting TO be a contract involving
more than million dollars, garnished, with
ali the paraphernalia Of Official seals and sig
natures, would, if the provisions Were, so
worded as 20 contain no legal responsioinlltty
whatever, be indeed legal curiosity. The
settlement made with Lowden \ Co.. in eff
feet, gives up the point: but If the point were
tenable, a successful defense against Brown |
and Linden would not destroy the validity OF
impair the merits Of the claims of those per-
sons who were so eonfding or weak as TO trust
to the good faith Of the city.
The preceding statement, accurate, think |
in every essential particular. makes plain the 1
following facts: That the claim of Brown &C.,
was diminished SAL So 50, being the money /
paid by property owners 70 them-tho claim
of Louden x Co. was diminished by the sum.
whatever it may be. paid by property owners 1
funded, makes clear what amounts soever
were paid by lot owners for and on account OF
paving done on Jefferson street. Besides the
sail sum of S4Tl, SS5 Sc paid by property own
ers Ire CITY paid Brown * Co in notes, scrip, 1
bonds and acceptances, s14s,s5O 40, a sum
much in excess Of the cost Of work done at
the intersection of streets, ETC., tor which the
public generally was liable, or, in other words.
n good portion Of said sum Of S74s, go 40 IN ade
up, as far as il would 90, the deficit due from
non-paying property owners. The sum has
since been further increased by the settlement
with louden q Co.. and interest is daily ae-
crning on the balance. be il much or little,
due to Brown / Co. Now, on all that fraction
or portion of said sum Of Sl4S. $50 40, and Of
the balance paid Louden. and OF the balance
10 be paid Brown, which represents work done
on property strictly public, the citizens gem
orally, those who have not paid, are ratably.
in proportion TO their property. bound TO
make it good. But, IN fact. the sum repre-
sepfs much more, and those who, on fair set
Element, have already paid in full. are annu-
ally paying interest on the debts due from
i respectfully ask if these unadjusted mat
tiers, which grow in complication every day,
ought not to be definitely settled. The pay
ments began in 1851, and the statute Of limi-
tatiOns will soon form bar. An appeal Is.
therefore, made to ascertain the exsct status
Of our relations, in the hope that satisfac-
tory settlement may be arranged. know tho
difficulties under which the present Board
labofs. iand 1t certainly is not responsible for
the present complicationl. AID commend
the members Of the General Council for scan
ming with minute observation every demand
upon the City Treasury. The recent message
OF the Mayor justly sets forth the merits OF our
claims, and 1 an sure that your honorable
body, whilst guarding the interests Of the
city will not be unmindful of the rights Of
the citizen. have never thrown any obstacles
in the way Of the city government, and have
always promptly paid and cheertully borne IN
the past, and am willing promptly TO pay and
cheerfully TO bear in the future, my share Of
All the legitimate taxes and burdens, and all
/ ask is that these burdens be charged ratably
upon all the citizens in proportion to the value
Of their property.
Justice requires that the sums advanced on
special assessments, together with interest
from the time Of the advancement. be ad-
Initted as a debt due from the city, For the
balance due on account Of these several paw
ing contracts. Whenever the amount Is aseer-
tanned payment will have to be made either
BIZ an issuance Of bonds or By general tax 10
be levied. and, II by general tax, the levy
may be distributed through several years.
There Is time for consideration as to the
method of paying said balance due to con-
tractors; but as the statute viii soon form =
bar. there = scarcely any time leit g the
property holders TO ascertain tae state Of their
claims. IL seems 10 me. can only speak for
myself individually, that If the city we're te
acknowledge these payments with interests !
time certainly TO see the last of the pavement
business. and, fear, Of the Par<Jneai fe.o-the
sum 70 be receivable IN discharge, at the OPP
tion Of the holder, Of any general tax levied
growing out Of the pavement contracts; such
an arrangement. j think. would be entirely
The balance due and q BE- pro-
Tided, for cannot certaialy exceed three or
properly holders IN like category with my
self are only solicitors not 70 be forced again
to pay their proportion Of this debt -
resflv ~ general tax. or iadireesly by the
annual payment Of interest. and eventual
payment Of the principal Of bonds not izsued
70 make good any pf their 4hort-c0mings. The
sdvanpes were made v forward the much
netaea pavement enterprise. and, until the
for winding Il up, no satisfaction Of any
claim nor any set on against present taIss are
demanded. Tbs tsnQr u this Application
n sdiiaiei 70 liiibsral. hostile o. litigious
can BE the sucoeeding Board 70 diseetagie the
psfHiesities which have DeeeafaTily gT0Hn
out ~ the iransactiO1, aud In all atairl AZ
butiuesf. publle or private. . speedy ssttic-
ment = better for both parties.
] cauncf perceive that auy amendment 70
90 charter z 1eeeasry 2 auihorize TIE ae-