The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1857-03-19
THE RIGHTS OF conpoRAroRs

1t will be remembered that in Septemicr
1855, that difficulty occurred between Dr. r.
w. GiBBEs, Editor Of tile Caroiinidn, and the
City Council OF Columbia. DR.. GIBDEs claimed
the right OF attending public meeting Of tho
Council, and to report and publish its proceed.
ings. The Mayor denied this right, and when
DR.. GIBBEs made his appearance in the meeting,
iit ordered one IF the officials to eject him from
the Council Chamber which was done Gorc.
bly,.
Dr. GIBBEs brought his uctIon for an "assault
and battery" The cuse was tried last week be-
fure Judge WlruERs, in Columbia. The Jurv
found verdict of nominal damages against T..
J. ARTHUR, the Mayor, and Jonx Bunprt.r. WIN
acted as officer in expelling Dr. GIpnEs from, the
meeting The following is the charge of Judge
WRITER'S to the Jury, us copied from the CuyoI.
niaa:
IL IS the right in every corporntor to attend
n Puolc meeting at the local legislature of the
city OF Columbia. lie may be expelled for dis.
turoihg the debates, deliberations or proceedings
o' s"eh pody. though the meeting and proceed
hSs oe Puohc or open 10 the cOrporatOrs To
exclude corporator from such public meeting or
10 eNpel him from II, ut mere pleasure or for no
reason connected with the free, full and unis
turbed exercise of their functions or the discharpe
oi their duties, is not lawful exercise of power
and II force upon the person be used, it is an
assault and battery.
IL IS matter OF common right in every spe-
cics OF our elective representative governments,
mat the voter shall be allowed, upon condition
OF good behavior in his demeanor, to hear the
public debates and witness the public proceed
lhgs OF his representatives, engaged in tie per-
iormance of public trusts
10 exclude reporter and 10 exclude n cor
Porator Is not one and the same thing TO eject
corporator from public meeting merely be-
cause It Is suspected, or avowed bv him, that he
meuns to publish report Of its proce.dim"s. is
not lawful. Yet if such corporatur has shawn
by previous conduct that he eaIumnia,cs. nsn.r.
ses' or misrepresents the Council, and msleads
lhe people, their constituency, it would present
question OF some difficulty TO say whether H..
might not, or ought not to be excluded lis
not tnis case, upon the evidence. ana need not
he decided. Any corporator who attends may
give unfair or false verbal accounts of proceed.
'hgs. and The difference between him and the
owner OF paper, is only that the latter, NAV give
HIS account wider scope and more permanent
iortn. But 1t under g,iise Of the LiGcyty of the
f.feSs, common calumniaior seeks i'm character
OF corpornt"r To maign maliciously and to mis-
represent rnudulently the acts and debates of d
puoilc BODY OF any sort, 1t would be difficult for
niiii, 1t That fact were made to appear To show II
right to damages, if he be foiled in s,c], mr.
pose. 10 assume beforehand that this will be
done, however, would amount TO n ccus,,rsbin
over speech or the press
without some legaI and satisfactory renson
aoduccd TO tic contrary DIR. Gbhcs had Il right
10 Puoiisii true account oi the public proceed