Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1874-09-04

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Washington ON the Subject.
When the donation of the bluff at the
foot Of Madison street was twice made
by the General Council, and when Null
let, the supervising architect, was feted
and feasted, 1t was thought that the
thing was done, and in a night some
enchanter like B. Lewis would build a
ten story government building on the
bluff, but, alas, for human hopes as to
men and things, it turns out that the
donation made by the General Council
is not worth the paper upon which it
was written, and that Legislative en-.
actment is necessary in order to perfect
the title.
| During the last campaign for county
offices, Barbour Lewis made lfglorfi-
cation speeches about the appropriations
made by Congress for the custom house,
and almost swore that the building
would be in course of erection next
spring, in proof of which he read in pub
| lie Lewis letter to, Mullett, and Mullett's
campaign letter to Lewis. To show what
a poor and ignorant congressman we
have at present, it is only necessary to
refer to the communication received by
the Mayor from Washington City.
United States District Attorney W. w.
Murray for West Tennessee, having been
instructed to examine the title, writes to
Secretary Bristow, of the Treasury, and
reports that the city claims the bluffs
under dedication made by John Over
ton and others in the year 1928. By an
act of the Legislature of Tennessee of
May 18th, l866-vide Laws of Tennes-
see, 1865 6, p. 232, the Legislature at.
tempted to granite the Memphis Freight
ing Company for period of fifty years,
the use of all the public grounds between
Poplar street and Beal street, which in.
cludes the lot in question. The question
of the power Of the Legislature to grant
the privileges in said section above mar
rated is now being litigated and unde-
termined in the State courts.
Secretary Of the Treasury Bristow
writes to Mayor League as follows;
| l would respectfully suggest that the
city obtain from the Legislature, if pos
sible, authority to convey the property
in question to the United States. Should
you be unable to do so q Department
will recommend to Congress such legis-
lation as will enable the Department to
institute proceedings of condemnation
against said property in the proper
courts. This course will not, it is pro-
bable, materially delay the commence
ment of work, as the Supervising Archi-
tect has been directed to proceed with
the preparation of the plans and to
make such arrangements as will enable
| the Department to commence operations
as soon as the title is perfected, no ex-
penditure being possible under existing
law before that time.
Attorney General Williams settles the
matter in his communication as follows:
DEPARTMENT OF JUSTICE
WASHINGTON, August 2, 1874. J
SIR have the honor to return here
with an abstract of title and other papers
relating to the site selected for public
building at Memphis, Tennessee, which
were submitted to me under cover OF let
ter from Mr.. c. F. Conant, acting Sec
rotary, dated the It'll instant.
1t appears by these papers that the
site is part of a piece of ground which
was laid off by the original proprietors
of the land on which the city of Mem
phis is located, as a public promen-
ade,' and dedicated by them to. the pub
lie for use as such
The title of the city rests upon the
dedication aforesaid. That dedication
having been made for a specific and
limited purpose, it is a matter of grave
doubt whether the city has power to
divert the property from the use to
which it was thereby destined by alien
ating it or otherwise disposing Of the
same. Besides, it would seem from a
letter of the District Attorney that the
Legislature in 1866 granted to
company the use Of this public ground,
including the site in question, for certain
purposes, for period of fifty years, and
the validity of this grant, involving the
question of the power Of the State to
make it, is now being contested in the
local courts
Upon the whole cannot advise the
acceptance by the Government Of the
grant made by the city. If it is desir-
able that the particular site selected be
secured TO the Government, suggest
that under the peculiar circumstances OF
the case, the surest land perhaps the
only practieable) way of accomplishing
this would be by proceedings for the con.
domination of the property to the use of
the United States, but in order to insti-
tute such proceedings further legislative
authority may be needed l am, sir,
very respectfully. your obedient servant,
1Signed1 Csc. W. WILLIAMS,
Attorney General.