The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-06-27
THE WHARFMASTER CASE.
SETTLED BY PAYMENT OF $4,000
fsr t..s AND COSTS.
End Of q Sensational Litigation Com
menced in the Criminal Court and
Closing In the Court OF Equity-The
Final Decree.

At the chancery court yesterday the bill
fled by Attorney General Peters against
Wharfmaster p. Kallaher was settled by
the entering OF decree covering all the
points involved, which were shortage in
his accounts. The decree is final is set
Element Of issues, and is as follows
Slate OF TENNESSEE in tho use OF the Taxing Dis
trict Of shelby county. Va P. Kallahcr
This cause was tliis day heard by con-
sent OF parties by the presiding chancellor,
the Hon. b. NJ Estes.
II appeared from the statements OF the
parties through their counsel that since
the year 1883, certain wharfage dues had
been collected, withheld and not ac-
counted for, but the receipts showing this
shortage are in the handwriting Of one Of
the deputies OF the defendant. and de-
PENDANT insists that the same were COL
lected and withheld without his knowl-
edge or consent, and his liability for the
same arises not from his wrongful act, but
from that Of his deputy.
That according 10 the contention OF
complaint, defendant rs wharfmastcr, un-
der proper construction oil the laws and
ordinances applicable, should have col
lected wharfage for the week, consisting
Of seven days, instead OF Tor six days, rs
was his custom, and that In so doing the
defendant rs wharimaster had made him
self liable for the wharfage he thus failed
10 collect, but as TO which alleged liability
tho defendant insists that he collected all
that Il was lawful and proper for him TO
collect, that he took the opinion oil the
city attorney on the subject and acted in
accordance with the practice OF his predc-
cessors in the Office OF wharfmaster
And in view OF the above facts and oil
the contention US TO the proper construc-
ton OF the law and Of the great labor,
time, delay and expense incident TO the
preparation OF the cause, covering a period
OF over eight years and making necessary
10 take much proof at many different
places, and In view OF the difficulty and
practical impossibility OF ascertaining what
the above alleged shortage Is, on account
OF the destruction OF steamboats,, loss oi
their books, receipts, etc, and in view oil
the uncertainty OF the final result, the par
ties have agreed 10 settle all the matters
involved In the cause at the sum OF $1,000
and the costs OF. the cause. And now
comes the defendant and pays into the
Office OF the clerk and master the sum o.
$1,000, and the further sum OF LEO
which sums are accepted in full saiisfac
ton Of all claims and demands against dc
PENDANT rs wharfmaster up to this date
and the costs OF the cause.
When charged with breach Of duty and
default rs wharimaster, defendant yolun'
tarily conveyed nearly all bis property In
trust TO J. A. 0mberg, conditioned among
other things 10 satisfy whatever he might
bc found liable for. II anything, either OF
account Of his own omissions and deiaulu
or those Of his deputies; and having full,
settled, he Is now entitled TO have hil
property released from the lien and liza
bility 80 imposed thereon, and its recon
veyance 10 him by the trustee, and Il Is -
decrced. All which Is finally done.