The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-03-22
A VERY PLAIN ANSWER.
MR.. w. NJ. sNEED DECLARES HIMSELF
ON THE EAST END CONTRACT.
he Insists THAI Whatever Departures
Have Been Made From the Contract
stipulations lave Been N knowledge
and Consent of the City Authorities.

lltnt lAAo 0hNAF'F 6OiH
orally takes the bovine by the horns when
his interests are assailed.
The Legislative Council, at a meeting
some weeks since, took a very decided
stand against the dummy railroads, on
account OF what are held to be violations
OF contract agreements by the companies.
Definite steps to right matters all
round were postponed until the first meet
ing OF the Council in April, when the
companies are required to show cause why
their charters with the city should not DO
declared null and void. Not waiting for
the date mentioned, Mr.. Sneed has filed
the following answer, which came before
the Council yesterday, but passed over
until the e%ventiul day in April:
MEMPHIS, Tenn, March IS, 1889.
Hon. D. p. Hidden, President Taxing District
Dear Sir-Yours relative TO the report Of
q committee on the condition OF the East
End Railway received. In said report we
| find the following: 81 M of the opinion
| that each OF said companies have failed in
substantial respects to comply with its
contract with the Taxing District, and Isub-
nit to the Council what steps shall DO
taken TO enforce or forfeit the same"
This report fails TO state in what respect
our company has failed to comply with
said contract, but we have, upon inqui1r-
learned that this alleged failure is-frst,
for not using the johnson rail. and, sec
ond, not maintaining the gravel flush with
and between our rails and two feet on
each side OF the same.
In answer we respectfully submit the
/ T1Is-. n..a." - a.. ...UN..H.-.. II
either OF the two lines IN Memphis it was
ascertained that the Johnson rail for the
use OF dummy engines and cars was wholly
impracticable, moro dangerous TO. ravel and
OF greater obs. %ruction to streets and pub
lie travel than the I rail, and these facts
are self-evidcnt from an inspection Of the
two classes OF rails. This fact was rs
cerlained by your official in the application
OF this rail TO the Prospect Park Company
prior to the time We commenced work on
our line. On ascertaining this fact, your
engineer very properly substituted
the 7 rail on the Prospect Park
line, and when we commenced the con-
struction Of ours, he having charge OF our
line in the city, substituted also the 4 rail.
This action We submit was done by your
engineer. not only with your full knowl.
edge and consent, but under express au-
thority given him by section Z OF your or
dinancc, June IL, 1856, which reads as
follows: "Bc 1t further ordained, That no
street car track shall hereafter be laid
except with the johnson rail, weighing
not less than thirty-cight pounds TO the
lineal pard, or some other steel rail Of that
weight accepted by the district engineer as
being equally rs good" e.c.
Again, on SEPTEMBER -, 1858, when
I NIrau .HNRHNHnWaa ~ a.. FrauaHuNfNHU NNW MaWl
and tue character oil rail then in use was
being considered before your Council ii
was expressly slated in open meeting by
one OF your members that II our company
would then gravel aud construct the track
according 10 the contract that The issue rs
10 the rail would be waived. and this was
assented 10 by your entire board, and the
resolution Of September 80, 1883. was pred
icaicd thereon, which allowed our COM
pany " months 10 comply with the gray-
cling part OF our contract. These acts, W
we supposed, were an acceptance and
waiver on your part OF the Johnson rail
and an acceptance OF the kind we are now
using.
Immediately thereafter we began TO
gravel the road under the supervision OF
one Of your city appoinlees, whom We in
structcd 10 comply with the contract IN
every respect, aud the latter part Of Octo-
Der this officer OF yours reported 10 us that
tho work was completed In accordance
with our contract with the city. On Octo-
Der %, 1883, we notified you by letter Of
this completion and suggested that II so
desired you could inspect the same. This
inspection, however, which We understand
admits the work 10 have been done accord
ing 20 contract, but claims thai the grayel
Is not maintained flush with the rails and
two feet on each side, was not made until
March, 1889, after the vehicle travel, ow-
ing TO the bad condition OF the street not
covered by our contract, had used our
track instead Of the other portion Of the
street, thus wearing and displacing the
gravel placed thereon.
Now, we respectfully submit that the
true construction OF the contract with your
honorable body Is that our part Of the
work should be 70 maintained when you
30 arrange the other portion OF the street
~ TO render Il possible for us TO NO main
tain IL, and that when YOU require us 10
raise our track six or twelve inches above
the other parts OF the street, which Is the
grade You last ixcd. thus leaving your
part OF the street this distance below the
surface Of our gravel, you render IL i'm
possible for a. 10 keep our gravel In posi-
luu, ulN MUS t4fIl nul MUAl you tlulm
30 be our duty relative to maintaining theI
slme ~ constructed. This gravel when
placed according 20 contract is raised about
sixteen inches high outside Of our rails
with no gravel or support from the outer
side to bold II In position and, Of course,
every vehicle passing on or over the track
displaced or knocked the same down on
other parts Of the street, which is lower
than our track.
We cannot think Il the intention Of this
Council 10 demand OF ~ nn impossibiliiy,
especially when The imposaihilIiy Of per.
iormance has been caused by the city itself.
The law does not la the constfuction.of
contracts demand impossibiiiIcs. nor IL II
customary for cities 10 demand such OF lis
citizens or OF corporations composed OF It's
citizens.
As before stated. We have complied with
our contract In the construction Of this
work, aud owing 20 the failure of the city
TO maintain IN proper condition its portion
81 Monroe street our gravel has been
dragged aud knocked out of iis original
position. still, notwithstanding this, We
arc ready 10 replace the sane II your city
authorities will, by putting their portion
OF the street In a condition that will rcndcr|
Il possible for us to 10 maintain IL. We
remain, youfs very truly,
W. NJ. sSrED,
PrcsL. East End Railway Company.
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river kilograms.
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