The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-11-21
PRoCEEDINes OF COUNCIL.
REGULAR MEETING.
CouSc11. CHAMBER. November 10, 1867

oaks ston, to'SroVo, bu'io.' CouF'enay anu
TIo minutes Of tic last meeting wcro read and
Confirmed.
Tlo MII or, bo-oro rocoeding with tn regular
order o. bu- -iaess, road the olo"iag opinion OF the
Ci y A.to.n.y on the Mayor aad Aldsr hold
N9l. p. T. ca ord, MMor:
SIR: unIo. sand the question to bo. wn?tne:,
in case OF tho ty election not beng mold, inc
Mayor and Aldermen can hoIl over beyond the
limits OF their term so Us to o. legally capable OF
trAnsacting pub &c 5usi icss.
Inc Act oi 1888 Is the charter or fundamental
law OF the Corporation.
Section OF thu. Act provides that, on tho first
Monjay OF Soptem0or, 1754 and IL evetv year
tbcreaf er there shall be an election To- Wardens,
after ten DAYS notice, and tho perSoIs SO CHOSEN
may take the oath OF quaIlcat.on alle:lGac; ana
ofh:e, before tho Inten1ent Tor the Irie oalag,
after wlcl they shAl be fully qulilfiei to act as
Ylrdoa-. or st as members OF tho City Councl';
but attor low election If Wardohs none OF the
former Wardols shall sit rs members OF tho Clty
Council, unless they shall have beoa reelected.
Section provide that t @ pers IN chosen lnten-
dlat shall takc the OATH or quallfcaton in the
presence ot the Wardens until whiob, the former
lit ,ndan. shall continue to act and 50 for,h.
Il relation to tue Mayor, tine provision IS eA-
plCit that the Intendat saaI &C: until the new
one takes tho oath OF office.
IN reIatioa TO Wardons 1t is provided that, al
ter new election Of Wardeus' none Of the former
Ward 1ns S all SIT as members OF tn: CITY C)uloi',
unless they saall Il I'VE bcea Reelected. here tne
implication is Gear thai they ~ SIT uatiI new
election, otherwise the provision Woula naYe sn Gsun
nugatoly. Ii their right OF service ceased aDs9,
lutely upon the expiration OF their torn, !! "ou!i
nave beon ua1ecessa y to Proscr.oe thaI tney y
should not sit alter election unless re-elected Inc
uegaton OF tho riga to 81. [ef eleeson - III -
| frnance Of he right TO SIT until eiecGan.
I. is to be observed hat there Is difference ge-
| tween the Intendant and the Wdrdsns. Ihe ln-
tendant may sit after election, and until his sr;-
cessor qualities b. taking the oath. But the Ward-
eus cannot hold af cr olecuon, althou5h tner sue
cessors hayo not qualified The purpo Q is mani
testify tina. all should hold over uu; new eiecton,
| and that the Iutendant should CO :tinue TO hoid
! Il ati the new Council was organzsd or, az lease,
uutl his successor was IN condition 10 qualify
There 10 no lorm OF Office specf,d in the char
ter By subsequent Acts, the tiClc OF lnten2ant
aud Warders was cbangol to Mayor ano AIoer'
men, and the term Ofica was hx ID, first f1r one
year, and then I I two years 6l1 toero "to Nv
testr ctlvo words, Eor do the provisions IN inc
charter up oear tO havo been rep aied or atered:
In tie act or 1879 which changed tue tinie ot
holding the eectIon and cxtsnd-u me tcltu iiTii
one to two esrs, It was proV!uo! tnat n ~
avs now Of fOrco in roat o. to tne eicction VI
AIaycr and 4 derlnen OF tho CT OF C;allostoa,
sxc,Dt so far as hclcby repeaod, DO and Continue
OF .orcc." ~; 7, .ho he+to
on,n on is that mualcipal Cfcers eveu Wne c etner
| rr,n, !, ixod may hold over until new ccuon
| N prevent o dissolution Of the corporation. Ii
mere be re trictive words such as 'ior one !elt
only" or for ole year and no Logger, tE@ result
| would bo otherwise. In tho case OF Eoot 9S;
Prows, NJ ,yur OF Truro r StrinGe 62o, ana
Br Jwn vurl Cases, 269l. ause IN Charter Wacn
,nrccto that Aldermen should b, chosen annual
IT, was held to be only dire ct.iy ana not 70 oe'cl
MN tho ofnccs .: the ond Oh the year. ~ AuSoi
and Ames, on Corporations. the RUE aitcr an a
animation cf cases is stated thus III sectloh 49,
with ut douot staIu;e or bylaw, or eVei a.
appointment. may be so restrictive a' TO terminate
III annual Office ut the end OF the year. plt au eIeS,
ii II 10 Office ior year hes never been consldered
rs one CT this deScrip lon." There are no restrlo,
tive words in the Acts relating to the teGms oi
Mayor and Aldermen.
itiough there may be sor:o doubt under tho
cases at common law. think all dor't t Is set ~
est n this case by the terms OF tho c1arier ah9
tbat in tue event or uor-.Iectol the Mayor auo
Nlcrmoa may hold over until l now electlon.
AsSpSS.D ". b. PORTER. City Attorney.
I concur in the above o0luUn.
". ALor N rRINGLE,
City Recorder.
Tho following mat crs wero then taken up and
disposed OF in leeuiar order:
Ap locations Of William Haslon. lor Ae anu Decr
II. Linustedt, Tor q NInc Pm Al ey Lie nsei Smith
& McC IL vray, kls.ey& Croghton, U. W. > tHens
X Co., tur Auctiouoers' Llconse; w. a. Dacnnan,
70 transfer uis Junk Sa p License to Z. OHerh;
L.
out new Auc ionoeG's License, Referred to Com
Petition OF Edward Collins, praying for addition,
al compensation for the repairs OF tue 1fado
street causeway, n consideration for the txtra
oua tity OF Palmetto logs purchased for said WORK,
amouuting to 500. R1tcrrcd to the Committee on
streets. ~, o,,
amup .tmg to SD lO-loo. Rosorfed to Committee
Oh Accounts. o.-
l. R.turn o2 Earbor Mastor for o,.ob r, 1857.
Show ny .4j6 81 JluJ colccto4 AM PAID over 70 the
city. IntoIm itIo
nEPoRTs OF COMMITTEES.
Alderman Rlvcncl from the Committee OF
Ways and Meaas, mlde tue following report, winch
| was ;doptcd:
The Committee Of Ways md iIoans, to whom
WAS retorrol tno memorial Of the sergcants anu
D. .ivates Of the city pole report that they nave
y1yen tle mattcr their careful consideration, and
find that tue only resource by which means GU
DC obtained will be by requiring the Guy Sher.H
TO proceed to the last resort of eniorcn9 tnc Paj
II LIT Of laIvs past Uuc.
Harsh as it nav seem, and reluctant as the
Commit 90 is to recommend this course none
oth.r presents itself to tlem. am ng tnose IN
default are many upon whom / wla Ian naI9, W.
on tho otnor hand tncre are many Who could meet
their taxes We're tnoy disposed 70 do SO. as
Council cannot disclimi .ato, al Will necessarily
be included. the Committee Will Conclude py
recommending the adoption Of the following
resolution: , /.
Rescue [. That tho City ShoriE bo instructed TO
entorc exocu ions against do o.auters bJ sales as
pros ribeG by law. ,,,,,
(Signed) MM. raw
z, B. OAKES.
JACOB SMALL.
+. c. GAILLARD, Mayor
Alderman Pri7glo, from tho Committee on va
can't Offices aud Cuupc Journals, made report
OF all vacancies, which was laid oyer TO the next
meeting. o....
Licenses. made the follo wing Ierort, which was
adopted: s.
lhe toll wing Applications for Licenses, and re-
commend they be grated: ~.
Meyer & Wickiug- Merchants Hotel, ior Nine
Aaron Geismar / Bro.-For Junk Shop License.
H. Il. Badonhop l. Co.-License for two Billiard
Tables.
The Committee also recommend that Niles 6.
Parker's Eete License bo transferred to JACOB
JOHN II. S lEINMEYER,
z. Is. OAKES,
J. COSGkOVE.
Alderman Olney, from tho Committee on Ac-
counts. mado tho following repo.t, which was
adopted:
Tie committee on Accounts report that they
have examined the following blls, 1nd then cor
rect aud I, recommend they be passed Tor payment,
viz:
sundry bills against the Orphan House, ANNA, ~
amounting to. sSo96 2S
Biiis of the Gas Company for October
amounting o................'...'.. Zozo u
s54l4 IS
=. E: E: 3: eaflIanD. SzHH1i Committee.
Mayor.
E. WILLIS,
The Mayor submitted the official bond OF John
Il. Honour, ESQ, City Assessor which vas euly
onDrovn1 NJ RI nccoufcd By COQucll.
Tne Mayor submitted the following letter os the
CaAp1E TON, S. c., November Q. 1857.
Ion. p. c. Ga lard MAJOR.
My DEAR SlR enclose YOU lotter Just recelv-
oil from Mr.. Carr. by which it appears that the Ex-
press Company intend to contest the cty tax 70
PROBABLY On tho appeal Docket this November
term, at Columbia.