Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1885-06-28
Aud Narrating the Various PrOpOsi-
tiOns Made by His Company
to the City Council.


not say there will be any profit lit to the
company, but, as l desired to accommc-
date these people, I presented a petition
to the City Council, wherein l requested
that body to direct. its city en-
gineer to live us the grade of the
street, in order that the tracks
might be laid. l looked at our charter
rights from legal standpoint and from
this view, and from the wording and
meaning of the contract between the city
of Memphis and the street railroad COM
pany. considered it was only necessary to
get the grade of the street to carry out the
object desiied-the laying of the track
The petition it seems met with a cold re-
ception from that august body. 1t was re-
ferred to a committee composed OF Mr.
Hidden, Mr.. Montgomery, Mr.. Patterson,
Judge Walker (city attorney and the city
engineer. The report of the committee
that petition came back nearly ona month
sitter it tine pet tom was presented, sign
ed by Judge Hsdden, Mr.. Montgomery
end the city engineer, as l leaned. Mr..
Patterson declined to sign it. and l doubt
whether Judge Walker had ever seen
it. 1t was written by Mr.. MADDEN,
SO he stated at the last meet
ing. The committee who did sign
the report recommended the grant ng Of
the privilege to said railroad company
when they ask for the privilege of laying
their tracks On Madison street instead Of
asking for grade ] immediately wrote
0Ut a petition and presented it in person
asking for the privilege
"D5y you suppose the City Council wants
- prevent those people (wi Petitioned
gou to lay the track u the Memphis and
Charleston railroad depot from riding on
the street-care ?"
"Well, it was on their request that / was
epieaToring II GET the cars running down
Madison street to the Memphis and
Charleston railroad depot" Mr.. FTayser
said.
''Then it is ministerial with the COM
psny about laying the track?"
"Well, while l am president I shall en-
ieaver to please the people who ride on
the cars, and viii try to build tracks on
streets they request the company to lay
them, and il thwaTtsd in my effolta by
the Iaxing-District officers l cannot be
ensured. As l have said before, L can
see no great profit, il sny. in running the
cars to the Mem phis end Charleston depot,
yet if the people desire it done, 1 will
please them il possible. l note some
writer in the APPEAL tais morning sug-
gests that becarse these Tsxing-District
Commissioners have vehicles - ride
themsel ges and families in they lose sight
f many poor people who are not able to
1wn carriages, bu2gies, etc, bnt depend
solely on st-eet cal 1t might be, if these
officials had 10 walk or depend on street
.ars, they would be more cOpsideTate Of
.he prayers Of theiI people"
''It seems 20 me the paving of Poplar
street causes q comma ton or disturbance
between the compsnY end Mr.. Hadden or
he council. What about that ?' the re-
,orter inquired.
"Well a nqn CO sense snd fair judg-
ment Will CONNIE nd the company's course
in this mater, and I am glad to have
the opportunity TO explain this paw
ing question ID cur Citizens, par
iculsry those residing on Poplar street.
W. Hidden has been interviewed about
fhis matter, and has told only one side
whether intsi. tionally or not, l cannot say.
While Mr.. J. T. ERrgason WIS president
# the street railroad, the paving of Pop
ar street came up, and Mr.. Hadden in
sisted the company should pave between
the tracks and two feet on each eide. Mr.
Taylor was then the attorney for the
company, and l here hand you letter
sent me this morning, which shows how
he railroad company acted"
At this juncture Mr.. Prayer handed
iysr the following letter, dated June 9Th:
Col. R. Dudley Frayser. Pres dent Memphis City
Railroad Company, Memphis, Tenn.
DsAR SIR-I1 rsply to your inquiry in regard
10 he matter, J viii state that when Mr.. Farga-
son was PRECEDENT Qt the Memphis City Railroad
Company and meTahgr II the directory and
attorney for the COMPANY, the question Of paving
Poplar street was agitated and Judge Welker,
city attorney, and ] disagreed to the liability
u the COMPANY TO pave between its tracks and
TWO feet on each side he claiming the company
was liable, denying it, then proposed to him
and T. the Hon. d. ?. Hadden, president, that if
company would lay a steel track Of the most ap-
proved kind and enter in bond to repay the
Two feet on each SIDE tQgether wlth interest,
whcueYer tie courts should determine che com
pauy was liable, ana offered 70 make an agreed
rase with the city 70 have determined the ques-
ton or if this proposition wa not agreeable, !
offered if the city would 20 on with TIE BaVement
that the company would pave between its tracks
nd two feet on each side if the city would give
US b6Ed and security 10 repay the cost and in
terest. provided the courts held II was liable
therefor These p5Op0stions were made by me
by authority Of the directors Of the company.
We we're nKiOus that the street shoL.e be paved,
but did not think we ought to be forced arbi-
trarily 20 pay large amount of money we did
not think ourselves Liable for Judge Walker
thought my proposition a fair one, but 1t was de-
elined By Mr. MADDEN. R2spectfuIly,
JULIUS A. TAYLOR.
"Mr Montgomery, a member of the
council, said he Thought that was as fair g
settlement as could be proposed" Mr..
Frayser went On - say. - nee my adj
minstrstion 1 have proposed u submit
the question to the couits, while the SD
preme Court was in session, at its April
ERIN, 1855, on an agreed statement OF
facts, and Mr.. MADDEN decl ned TO do any
thing. l made the proposition feeling sin
cerelv DESTROYS that the paving should not
be delayed, and also that the street railroad
should not seem to st md in the way of any
public Improvement The company and
the Tsxing-District, | take it, Eon sstly en-
tsrtained different opinions ia regard 10
the paving This &c ng 30 ! submit the
propositions proposed were eminsntiy fair
and reasonable And l will say one OF the
commission, ers mir. Montgomery said
nothing could be fairer."
"And you say Mr.. haGden rejected all
propositions ?"
Eyes, and. I must say, arbitrarily insist
cd the STREET railroad company should lay
down The pavement between their tracks
and for two feet on either side. Why, sir,
Ir. MADDEN insietsd that the street rail-
road company should bHila mp the bridge
over the bayou between Main aud Second
streets. The company denied that 1t
should build the bridee, and Mr.. Hsdden
for several months re- used TO have the
bridge Tebai9t OF repaired, claiming it Was
the company's duty 70 do it. The
company bad 10 send its Hlplts on the
other side and draw i.s cars from tee
bridge to the terminus OF the FoaG to &C
commodate its passengers. After an-
noyin without cause) the company
in this way, the question RS to
whose duty II was 70 rebuild the
bridge was submitted ID Mr. Walker, the
city attorney, and he sust Hsd the com
paws opinion, and decided thai il could
not be made to contribute any pant t. The
building OF repairing Of the bridge siruc-
ture.' Besides, Mr.. MADDEN insisted that
the company should pay certain BUNS for
maintaining culvelfs sHd bridges over
which the roads tracks passed thjs was
denied. and he submitted this to Judge
Walker. who decided in favor Of the COM
paay. Whenever matter arises between
the street railroad and the Taxing District
| am a. ways willing to submit i 70 tue
proper officers, and if they and the corr
Dany differ in opigion Let the courts be
the arbiter."
"Theu, if Mr.. MADDEN had agreed TO sub
NIT this question of paving to the courts
when proposed, it would have been de-
cided one way or the other months ago."
"Yes, indeed" Mr.. Prayer said, with
some heat, "and think Mr.. MADDEN does
the street railroad gross injuItice and
places himself in a very ugly attitude be-
lore ms people MuEu ne elueaNOfS TN MS
many published intervieWs) to make it
appear that the Street Car Company wants
70 buii5ose the Taxing-District believe
l have studied the rights Of the Street
Railway Company under its charter and
its contract made " tn the city OF Mem
phis, and think understand them, but as
there may be difference OF opinion be-
tween me and Others, am always wiling
to compromise, concede-give and take
IL order to promote the welfare Of our city.
and think thisspirit should hemanifested
by every citizen"
Gen. GPaua'a condition Not So Favor
Rbje-PeiD NLd SleepIessness.
MoUKF McGRE6oR, n. y, June 27.-
Although he dczed aftef retiring, Gen.
Grant did not sleep soundly until alter
midnight last night. The physician at
tended him once during the night, and
again at 6 o'clock this morning. At II
O'clock the general was awake, but not
dressed. Since retiring he had slept six
hours. During the past twenty-four hours
the mucous Facretions have increased, and
expectoration, which has a tendency to
r,-aairan fba safferlt haG f.een greater His