The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-11-20


and went on his weary way hunting bid for his
ticket.
JOHN RoBNsoN's GREAT SAow.-This truly great
combination Of the wonders Of nature and art was
visited by al immense concourse OF people yester-
day, all OF whom, without dissenting voice,
rendered their tribute OF praise to the great show
man. The large size # the tent did not deter the
people from taking it by storm, and once inside.
they were 10th to leave, but gave themselves up to
enjoyment. Johns actors are masters OF their
professions, and thorough experts In gymnastics.
Their feats Of horsemanship and the agility which
they exhibit are surprising, and command the sp-
plause of their audience Mdlle. Alice is the star
Of the troupe and has already made hosts OF friends
during her visit, of the others it is useless to
speak, as they to be in order to be appre-
preciated. The menagerie, the trained animals
and the side shows are each worthy Of attention,
and are each so perfect, that the name Of combi-
nation is no longer matter of surprise
REGULAR MEETING OF CITY CoUNon.-Present,
his Honor the Mayor, Aldermen Ravenel, Gerdts,
Small, O'Neil, Steinmeyer, Oney, Oakes, Enston,
Cosgrove, Courtenay, Prngle, Willis.
The minutes Of the last meeting were read and
confirmed.
The Mayor stated that in the present instance
he deemed it best to vary the general routine OF
business by reading to Council the opinion of the
City Attorney on the legality Of acts done by
them while holding over:
Hon. p c. Gaiilard, Mayor:
SIR: I understand the question to be, whether,
In case Of the city election not belng neio, tne
Mayor and Aldermen can hold over beyond the
limits OF their term, so as to be legally capable OF
transacting public business. -
The Act of 1888 is the Charter or fundamental
Law Of the Corporation.
Section Of that ACT provides that on the first
Monday of September 1854, and in every year
after ten days notice, and the persons 80 chosen
may take the oath Of qualification, allegiance and
office, before the Intendant for the time being,
after which they shall be fully qualified to act as
but after new election Of Wardens none OF the
former Wardeus shall sit as members OF the City
Council, unless they shall have been reelected.
Section provides that the person chosen 1nten-
dant shall take the oath of qualification in the
presence of the Wardens, until which, the former
Intendant shall continue to act, and so forth.
In relation to the Mayor, the provision is e1-
plcit, that the Iutendant shall act until the new
one takes the oath OF office.
In relation TO Wardens, it is provided that "af-
ter new election of Wardens' none OF the former
Wardens shall sit as members OF the City Council,
unless they shall have been reelected" Here the
implication is clear that they may sit until q new
election otherwise the provision would have been
nugatory. If their right OF service ceased abso-
lutey upon the expiration OF their term it would
have been unnecessary to prescribe that they
should not sit after election unless reelected. The
uegaon OF the right to SIT after election is an az
tirmance Of the right to sit un il election.
1t is to be observed that there is difference be-
tween the Intendant and the Wardens. The In
tendant may sit alter election, and until his sue
cessor qualities by taking the oath. But the War
dens cannot hold after election, although their
successors have not qualified. The purpose is
manifestly that ell should hold over until new
election. and that the Intendant should continue
to hold until the new Co1ncil was organized, or,
at least, until his successor was in condition to
| qualify them.
here is no term of Office specified in the char
ter. BY subsequent Acts, the title OF Intsndant
and Wardens was changed to Mayor and Alder
men, and the term of Office was fixed, first for one
year, and then tor two years. But there are no
| restrictive words, nor do the provisions in the
charter appear TO have been repealed or altered
| In the Act OF 1852, which changed the time Of
holding the election and extended the term from
oIe 10 two years, 1t was provided that "al the
| laws now Of force IN relation to the election OF
Mayor and Aldermen Of the city OF Charleston,
except so far as hereby repealed, be and continue
| OF force"
Independently of the charter, think the better
opinion that municipal officers, even where their
term is fixed may hold over until q new election,
| 10 prevent dissolution Of the corporation. If
| there be restrictive words, such as 'for one year
only" or for ''one year and no longer" the result
| would be otherwise. In the case OF Foot Us.
Prowse, Mayor Of Truro (2 Strange, 625. and
Brown Varl Cases, 2S9), clause in charter which
directed that Aldermen should be chosen annual
y was .eG 10 be only directory and not to deter
mine the Office at the end OF the year. In Angel
anu Ames, on Corporations, the rule, after an eI-
animation Of cases. is stated thus in section 1kS
! Without doubt statute or bye-law, or even an
appointment may be so restrictive ss to terminate
an annual Office at the end OF the year, but an cleo
ton to Office for year has never been considered
as one OF this description" There are no restric-
tive words in the Acts relfInS to the terms OF
Mayor and Aldermen.
Although there may be some doubt under the
cases at common law, I think all doubt is set at
rest in this case by the terms OF the charter, and
that in the event Of non-elecion the Mayor and
Aldermen may hold over until new election.
Respectfully,
W. D. PORTER, City Attorney.
concur in the above opinion.
W, ALSTON PRINGLE,
City Recorder.
The applications Of sundry parties for licenses
were referred to the Committee on Licenses.
The return of the Harbor Master for the month
of October, s456.66, was received as information
The bill of Ed. Collins. showing statement OF
amounts paid and due for building the Tradd Street
Causeway. was read with communication showing
that an under estimate had been made, and asking
additional compensation.
The bill of MIR. John Russell for books and sta
tionery furnished the High School, was referred to
the Committee on Accounts.
Alderman Ravenel, ftom the Committee on Ways
and Means, made the following report:
The Committee of WAYS and Means, TO whom
was referred the memorial Of the Sergeants ana
Privates OF the Police report that they have given
the matter their careful consideration. The only re-
source by which means can be obtained, will be by