The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-06-15

the president which was also illegal. Out
OF pressure, he supposed, lot OF blank
applications for permits had been adopted,
together with other easy methods Of trans
acting this class Of business, but this was
unconstitutional. The Judge read sections
from the charter and ordinances substan
tiating his position. The permit, az shown
on its face, did not constitute an action Of
the board of police and fire commissioners
hence ii was not legal, and Mr.. Speers was
guilty OF misdemeanor. The use L
which the building was 10 be put was th,
storing OF cotton, a highly infammabl,
material. lie summed up rs follows: Nc
legal permit was outstanding for Mr.. Speers
without this MIR. Speers must discontinue
the.work and pull Il down; even were the
permit legal, the building going up wal
not up TO the standard erected by the or
dlnance regulations. II subjected the
homes OF tho poor ncighbors TO various
unpleasant end dangerous things.
Mr. Spoers followed, stating that
only one OF tho petitioners was within 3OC
feet OF the house, and called upon Mr.
Thomas Tor yeriiication. lie did not gel
II, but decidedly on the contrary. Mr..
Speers then explained that he had applied
Tor the permit just M any other citizen,
and had received the assurance OF Mr.
Cleary, when he was chief OF the fire do.
partment, that he was entitled TO il. II
there was any irregularity he was not no.
sponsblc for II. Judge Greer subjected
Mr. Speers, when that gentleman had con.
cluded his remarks, 10 rigid cross-exam.
nation.
Mr.. Thomas was called upon, but had
nnthina 10 f.ella. a. a.
numerous fires in the concern and conse.
quent danger 10 surrounding property.
With II and few other obno xious and
dangerous properties removed, the resi-
dence and other regular properties would
increase Sl0O, 600 and be asscssed at such.
Mr.. Baker followed with strong argu.
ment against the concern, and plea for its
removal.
MIR. Graham moved that the action OF
Chief Ryan, in granting the permit, be
sustained, and explained why lac did no.
Tho council had many times granted SINH.
Tar permits, tho buildings thereon were
now standing, and the remedy asked for by
petitioners was In the courts not In the
council. II was seconded by Mr.. Kney.
Maj. Petit suggested that the matter DO
referred 10 a committee, 10 examine aud
report. II would be hardship upon Mr..
Speers 20 be compelled TO pull down the
work he had done In good faith. lie did
not believe the house being erected should
have been permitted. lilo moved, in lieu
OF Mr.. Graham's motion, that IL he referred
10 Mossrs. lladdcn, kney and llrsch. who
should investigate all the questions in
volvcd. lie did not believe the chief OF
the fire department should be- allowed 10
grant permits but merely 30 recommend.
The board was the authority designated
Tor this purpose, as the members were re-
sponslblc for II. More discussion followed,
during which Mr.. llinch stated that he
had consulted with ex.Chicf Clcary, who
said that had the permit como from him
he would not have hcsitatcd moment TO
grant Il. The chiefs Of the lrc department
were the parties TO whom tho council
looked for light ON all such questions, and
Mr.. llirsch was opposed 10 going back on
tho action already taken in the Spcors case
and referring II back any further.
Mr.. Wallace insisted that ii the chief
had been granting permits hc was not
aware OF II, aud IL should be stopped at
once. Capt leo also thought permits
should take the regular course. Mr.. Had.
pen was asked II lac know about the per
NIT in question, aud answered that he was
ON Madison street by Mr..
Spccrs, aud referred him 20 the fire chief.
Had tho permit been presented 70 him,
with the chiefs Endorsement, lac would
not have granted, but referred II to the
council.
Mr.. Randlc asked who granted several
permits for similar concerns, aud got his
Information In short order.
Mai. Pcttts motion prevailed, with the
amendment that Mr. Spccm proceed with
the work and take his chances ON the com.
miitec's final action, and that the commit.
tee consist VI the whole council. Mr.. Had.
den explained 10 Mr. Spocrs that the action
carried with II the understanding that he
would accept any suggestion or instruction
the council would make. Mr.. Spccs be.
camo angry, and said II was either that OF
q lawsuit, and added that he believed Mr..
MADDEN had taken his action on personal
grounds. Mr.. MADDEN rcpudiatcd IL iorci
bly,. Mai. Petit protested against ans
such reflections unon tho council OF M
officers Mr.. Graham did likewise, AM
suggested that the remark be withdrawn
which Mr.. SpcCu did from the lips alone
4 meeting 10 decide the matter will b,
| htlu Allh Wl'fnonN
nouSp Down on PAVING.
Napoleon liill, president oi tho Citizens
Street Railroad company. said he inlcndo,
appearing before the council with pcti
| ton or proposition IN reference 10 LAWN
street railroad tracks on fernando street
irom Linden 10 South, hul hc found Il i'm
possible, owing Ia absence from the city
and lac would defer II.
Attorney George Gillian was present
and stated that the railroad company in
tended 10 DO everything Ia iiusi-class II "
aud satisfactory 10 the authorities. MI
| Gillian submitted the following agree
mont, which was adopted.
"Thc Citizens Street Railroad compan
will lay double tracks on fernando street
between Linden aud South, aud pave be
tween Ia tracks with blue hard limestone
~ quality aud dimension aud work satii
factory 10 your engineer aud under hi
! supervision, In case tho council will q
some time pave balance Of street wit
cedar blocks or stone block pavement
This ia not TO DO understood TO call Tot
pavement Of standard block stone"
This resolution was not binding upo
the council until agreed 10 In writing b
tho officers Of tho railroad company.
SMALLER rrririoSA
Tho Brush Electric Light company askc
for the privilege Of either putting add
iional cross arms on their poles now
Center alloy, or replace thOm with me-
iorty.ilyc.ioot rel cedar poles. Granite,
during viii aud pleasure the council.
Tho telephone company pciitinncd I,
| tlo priNitgvg of pr,sctinp nolgs of thpir nv