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

| and certsln dcsfco OF system and regulation
! that will cheaptn aud facilitate the handling
81 frelsht. W submit following suggestion
s aaa a. pSdSItcnsi vhsff and landing rssula
That tho wharnna,ler shall be .noileed L
remove the Cincinnati aud Memphis facke
segpany s ,s, Ase sns Fs wRarfbca
10 poipt AZ the foot Of Adams street.
That he shall remove or Ok the natooa
landlng 20 such point IA will not con hict WI
az ssameS., aadi9s 70 efss .I9,s 6 ,ea
That he desirnate suitable and separate
landingi for cach packet line and each elias
Of boais on water cfnits. and thai ne max ana
carry out such other regulation, not contrar,
10 any ordinance e the eit A. he may lhinl
conducive 10 the interests Of the city and ~
commerce. Said rules subject 20 the inspec'
ton aud approval of the committoo.
Adopted 81 hoard Of Aldermen aud con-
ourrei In by Council March 8, ls13.
Resolved. That the Mayor be and Is hereby
requestod n proceed. agfcea bio % the rotolu.
tons Of both eoards passed March, lss2, and
appoint tho proper parties 20 nx the value q
the property on the river front. between
Washington and Adams streets, running back
10 the alloys ~ condemned BY the Ocuernl
Council for public use; Lots lOl, lu2. los. lOt.
100, 10. III. III, ll3 and ia.
Adopted by hoard OF Aldermen March q.
and concurrod In By Council March D, 1873.
''' Mrsrius. February p. ISIS.
To the General Council;
GKSrLENrS-Yo committee on water and
waier-works respectfully recommend the To-
cation OF four additional IRE hydrantso one
Al the intersection OF Shelby and Calhoun
streets; one on Shelby, between Calhoun and
Trctevant streets; one AZ the intersection Of
ialton and Winchester, aud one AZ the inter,
tociinn of Front acd Grceulnw streets. sad
hydranis TO be located under tho same condi-
ffona "A those heretofore located.
ANDREW DAVIS.
Chmn Board Of Aldermen Com.
WI CHASE.
CHI Common Council Com.
Adopted BY Hoard OF Aldermen March q.
1873, aud concurred IN BY Council.
Referred back 20 Water Committee by Coun-
ell March 6. ls73. and concurred In by Board
Of Aldermen after reconsideration March g..
1878,
The proposition Of George pattison to sell 70
the city for s9lOO. payable in city tax. ground
70 open EchOls street, say from lance 70 Pom
totoc streets. NY feet BY three hundred feet.
Referred BY Board Of Aldermen and Coun-
ell 70 their respective Improvement Commit
tees March 5 aud 6, 1913.
PETITIONS.
The petition ofW. Wesche. President Mem
phis Turner's Association. praying 10 have ex-
empt from city tax lot No. Il, block 4id. on
Poplar street on which their hall. used for
literary and educational purposes. stand;
Referred By Board Of Aldermen and yonn-
The petition Of Michael C0tier. claiming
from the city tWenty-six dollars damages Tor
injuries claimed TO have been done % peti-
toner hack by tne city's FIRE engine No, =,
Referred 70 City Attorney by Board Of Al
dermen March >, 1873, and laid on the taoie
BY Council March6. 1878.
MEMORIAL.
To the Board Of Aldermen and Council Of the
Your petitioner, John ". Lea. respectfully
represents. that about the year 1850. or 1901,
the city OF Memphis undertook the perform
ance Of one Of the chief duties desolfing upon
an incorporated town, namely, the grading
and paving Of streets and alleys. The war
rant for said contemplated improvement was
found in the power granted by Title ). Section
9. Of the Chapter to improve, preserve, ana
keen in good repair the streets and sidewalks
of he civ; and besides the special authority
thus granted, Section 2 ofsame Title, gives as
another mode for the construction Of streets,
the power to provide by ordinance for the
levy Of a special tax per foot on all property
Title provides " that the cost Of grading, paw
ing and repairing sidewalks, curling and gut
terinr included. and Of paving the entire car
riaee-Way Of any street. shall oe borne by the
owner OF the adjoining property, the paving TO
be done in such manner and with such mate
rial As the Board may direct. These strin-
gent provisions were supplemented by addi-
tional powers. that the Board might make the
contract, fix the price, manage everything.
and that the owner OF the lot should. upon
Of the bill for the work, .ap-
proved by the City Engineer, be required TO
nav as Il Il acre liability contracted bv Aia-
M a lien. also. 70 remain upon the lot for
eventual payment.
and alleys was begun and com
much needed improvement--and in
Tact the only one which can be recorded IN
history Of the municipal life Of Memphis.
There were contracts with Taylor, MeBain
Co., with Forrest. Montgomery Co., with
Lowden & Co, and with 7: E. BreSn ( Co.'S
and the city. believe. anuvfs5vA on its own
account to pave Jefferson street. The people.
/ imagine, were in excusable Ignorance Of
the mOdus operHndi by which the work was
10 be done the precise terms OF the contract
or how and with whom made. The citizens
we're ignored in the transaction until the lime
for payment arrived. There was a diversity
Of opinion as to the legality Of special assess
ments. and. also, as y the policy oil making
the Improvement in that manner even II the
assessments we're legal. as one Of the par
ties required TO pay. l felt no particular in
terest in the controversy; the condition OF
the streets was the shame Of every CITIZEN
and a reuroaeh TO our enterprise and public
spirit The locality Of my property was such
that thought would be required TO pay as
much under the one as under the other plan
Of taxation, and hence my pecuniary inter
esfs would not be materially effected, whether
the special assessments could or could not be
enforced BY suit at law-Whether the former
1tions in Tennessee. erroneous as they
we're in principle touching the duties Of the
oWners OF lots 10 make pavements, would or
would not be oVerruled-or whether the pave,
ments then in process OF construction would l
have 70 be paid for BY a general or special
tax The enterprise met with great favor
from me, and money was cheertnlly advanced
v heneVer the bills were properly made out by
the City Engineer IN accordance with the pro-
visions Of the presumed law.
From memoranda before me-the receipts
are on file al Memphis. and any mistake Of
figures can be easily eorrecied-I ind that i
paid direct TO the City Tax Collector the sum
6. ias 10; and to Brown & Co, the sum Of
81, I39 81; in all the sum Of s5s.b5I y. This
amount was paid in cash except the sum Of
81 ,06s IS, which was discharged in scrip as
SLOWED by law for the paving Of Jefferson
'tTeet.
Other property holders whose situation w,S
different from mine and upon whom specl1l
assessment would have borne exceptionally
bard, thought it their duty 70 contest the
right Of the city 70 ley special asseksle nis
uBon the several lots. The Supreme Court, in
, most able and lucid opinion delivered ~
Judge Freeman, OYer-fuhng the principles
In former cezeE, declared thefe
.pecisl assessments all void.
Iult declti8il- EuIArATl 4 aunt " HAAes 4
.hOught would be eecid ed-Bpset all the plans
n The city, and difficulties aud complications
saYe neesssaGlg ensged. kecelt circum.
ltanees indicate thar ths clig aenieg ~ legal
liability for the payment Of the special assele-
aients made as aforesaid. The grounds Of de-
|ense are, that the payments we're voluntary
3f sife made under n mDtake 81 l4g. Ine
ruth hErts nobody nsr any cause. ] cOnfesf
NAT tie VsyEsnfs we're not eKaeted b. An on
.er holding 3 disffess warrant 10 % hand,
threatening levy; and, On the 0tler hand,
,rppose the city will admit that large sums of
money wee not voluntarily paid out Of beney-
,lsnee-upOn the mere erzgeftlon Of the CITY
fngineer-tO two Or three parties who bad
scr been seen or heard d before IN Mem
5his. ms technicality about payment under
! mistake ~ Law, lnrs IL proper Aspiration
shere the djatur5ahce " 2 seitisrert vii not
n q general thiuK place the p1rttcF n tLesaDc
1iifEt thai they Here before the seftleneut;
ind . payment vas nbfef yet declared yoipn
.ary when the fclnDlslce ~ = rfqqest feuid BE-
Inferred, and particularly when tLe paFtS ~
whom il vas paid claimed On seitiemeIt ap1