Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1875-08-14
THE 5 T HOUSE.
what the Memphis FrefghffnE COM
pany Demand in order TO Release
Their Claim Upon the Bluns-The
Legal Aspect Of the case,

Legal Aspect Of the case.
In yesterdays Appeal appeared the
following editorial extract:
The Freighting Company has been
brought before the community in a most
unenviable light, and as we believe, been
unjustly assailed, especially in the mat
ter oil the custom-house, which our citi.
zens are 80 anxious to see begun. AS
we understand from a conversation yes
terday with members OF the company,
they do not desire TO be regarded as in
the least ob~structing so great a work,
and n which will give employment to
so many, and that it may be plainly in
derstood that they are not, they author
ize US to say that If the city will consent
to a decree recognizing the franchises of
the company, they will agree to the site
Tor the custom-hnuse, "reserving," to use
the exact words of one of the company,
nothing in that regard except a non.in-
terruption with the works or labors of
the company and access to the river. "
Ihls, 1t seems to us, opens up a reasona-
bic prospect for a settlement of the
points in dispute between the Freighting
Company and the city, and ought, if pos,
sible, to be allowed.
The franchises which the city is in
vited to recognize are as follows, as ap-
pears in section 4 of the charter of the
Freighting Company:
Section 4. Be it further enacted, That
said corporation is hereby given the
privileges Of loading and unloading
freights, goods, wares, merchandise, cot
ton, on or from steamboats, and other
water crafts that may touch at the port
Of Memphis, Tennessee; and for the pur-
pose Of carrying on said business, said
corporation is granted the right and
privilege to erect upon the summit Of
the east bank Of the Mississippi river, in
the city of Memphis, and between
Poplar street and Beal street, such
sheds, railroad tracks, engines and
other equipments as may be necessary
for the prosecution OF the business
OF handling freights, said corporation
shall also have the right to lay down
such railroad tracks, from their sheds
above referred to to the margin Of the
Mississippi river, upon which TO operate
cars; provided, hat between Union
street and Market street said sheds shall
be at least 100 feet west of the buildings
on the east side Of Front street; and,
provided further, that in the laying of
tracks and the building Of such sheds
no greater inconvenience can be given
to the public than can be avoided; and
said tracks shall be so constructed and
said cars so operated as not to incom-
mode the public in the use of the streets
OF the levee.
In 1866 the FreightiRg Company fled
in the Circuit Court OF Shelby county a
petition to have a portion of the land
lying between Poplar and Beal. streets
condemned for the use of the petit
TONERS, and this petition was dismissed
on full hearing by Judge George w.
Reeves. Whereupon the petitioners
appealed to the Supreme Court, which
Court through Judge Shackelford deliv-
cred an opinion against the Freighting
Company. The case was argued by
Messrs. Brown, McRae, Perkins and
Walker for the petitioners, and by City
Attorney Morgan, and Messrs. Humes
and CAN'T for the city. Justice Shack
elford reviewed the entire case, reciting
the above section, etc. Judge Shackel-
ford considered the charter fully, and
delivered an elaborate decision, con-
GLIDING as follows, which we find in the
4th Coldwell:
The act giving this corporation the
right to appropriate the lands between
Poplar and Beal streets, in the city OF
Memphis, for the purpose of erecting
their sheds is void. 1t is an attempt to
take private property, not for public use.
but for private purposes, and we are sat
isfed, upon principle and authority, this
attempt by the Legislature to exercise
the right Of eminent domain, by giving
this property to this corporation, was
not warranted by the Constitution, etc.
1t was an abuse of hat discretion vested
in the Legislature and an unauthorized
violation of private rights. In such
cases courts have no discretion. They
must declare such acts void" etc.
This settled the charter of the
Freighting Company, but in a succeed
ing Legislature the company secured
an amendment to its charter to cover up
the objections declared fatal by the SUI
preme Court, and upon this the com
psny commenced another suit against
the city Of Memphis and the Memphis
and st. Louis Elevator Company. This
case was heard in the 0hancery Court
and decided against the Freighting
Company, the court holding that the
amended charter did not give the com
pany any more authority 10 take posses
sion Of this landing and bluff than did
the original charter, which was decided
to be null and void by the Supreme
Co urt, and this is the case now pending
before the Supreme Court, which will be
heard in September next.
fake a tumble 10 CoIeman's re.
trea1Rnd get a Cuban cigar for nc.