The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-11-18
THE ELECTION PROTEST.
Meeting of the Board of Aldermen.
THIRD DAYS PRocEEDINGs-TUEsDA NO
vEMBER II.

A. NJ. Present-The Mayor; Aldermen Potter,
Lindstrom, Dereef, Cade, Olney, Honour, Will
den, voigt, McKlnlay, Marshall, Moore, Cum
ningham, Howard, Wall-fourteen members.
The Mayor announced o quorum.
The proceedings of the previous days ses-
sion were read by the secretary, and, on mo-
ton, confirmed.
The Mayor stated that the first business in
order was under the resolution OF Alderman
Whilden, adopted yesterday by this board, the
examination of the ballots and returns, and
after reading the resolution he announced his
readiness to hear any motion or motions which
might be made.
MIR. Corbin said, before they proceeded with
the investigation, he desired to inquire. as to
| the status Of counsel; whether the examinatlo n
of witnesses was to be conducted by the Mayor
and Board of Aldermen, or by the counsel for
the parties before the board.
The Mayor read the first rule for the govern
ment of Council. which provided that "the ex-
animation and investigation shall be conducted
by the board in public manner" &c.
| Mr. Corbin thought there was an lncoasls-
| tency between first and second rlles-the latter
| giving counsel the right OF examination OF wit
nesses, and the former the Board OF Aldermen
|
| Mr. Miles said the answer was very simple.
There we're two things to be done. The ex-
animation of the record by law is done by the
board; until that is done there was no case,
and 10 witnesses can be examined. When
witnesses are to be examined then, OF course,
counsel would examine then.
Mr. Corbia said what he wished was to know
where the Board OF Aldermen commenced and
left off, and where the counsel commenced.
The Mayor said the Board OF Aldermen were
about to commence verifying the returns and
ballots, and will leave off as soon as they were
certain they can declare who is elected.
Alderman Moore asked if any member OF the
board had the privilege of examining witnesses
| as we'll as the counsel.
The Mayor replied in the affirmative, and
said that the first question before the board
will be what action should be taken to examine
the returns and the ballots.
Alderman Whilden asked the Mayor if he had
received any returns from any OF the Boards OF
Managers.
The Mayor said he had received fourteen re-
| turns, but no one return in accordance with
the provisions OF the law. He had received
| fourteen different returns from different Boards
of Managers.
| Alderman Whilden said he would like to know
how, by whom and IN what manner the returns
were received.
The Mayor-Thesc different returns came to
me and received them; nine ofthem, think,
on Wednesday night last, at different hours
up to eleven o'clock; the remaining five came
| in through the next day; some lii envelopes,
some not in envelopes, some sealed up and
some not sealed. He believed they wero most
| ly handed in by the chairmen of the different
boards. He did not know them. Some he
knew as members Of the Boards OF Manager s,
but others he did not identify.
Alderman Whlden-How were the ballots
received?
The Mayor-The ballots, as far as received
came The same way, through the very same
Sometimes I know the gentleman; sometimes
did not. Some Of the boxes were sealed up;
some we're not.
Alderman Whlden-Have all the managers
returned the different ballots OF the different
precincts?
The Mayor-I cannot say positively. There
a-e thirteen boxes in my Office, two of which are
empty. I have understood there are more
boxes about the city.
Alderman Oiney-I move that the board pro-
| ceed to the Mayors Office and examine the bal
| lots
The Mayor-The ballots are to be examined
| in public.
Alderman Olney I move, then, that the re-
turns and ballots be brought in the Council
Chamber.
The Mayor-The question is, what are the
returns to bo brought in?
Alder Whilden-Does the law provide that
the Mayor shall make up the aggregate, or Is
there any aggregate made up2 We are rather
OF o loss in this matter, and would like to have
the opinion of the City Attorney.
Mr.. Barker submitted, on the part Of the
professionals, that they would object to tho
reception Of any return which was not under
seal according to the terms OF the act. They
would likewise object to the examina-
ton of any ballots which have not been
handed to the Mayor under seal, and
would claim that such returns and such
ballots shall be rejected, and not subjected to
scrutiny. That leaves the court open to re-
| ceiye such returns rs have been enclosed to
the Mayor in sealed envelope, and to eceive
such ballots as have been returned to the
Mayor under seal by the proper custCdians OF
those ballots. In making this statement the
protestauts did not waive the objection that
| there should have been one report from the
managers under seal. We desire, he said, that
| this objection be taken down as male
on the part OF the pr 'tcstan;s. that
there should have been one report der
seal coming from the managers to the
Mayor, and that there should have been the bal
| lots corresponding to that report, likewise under
seal, coming from tho managers to the custody
of the Mayor. 1t is palpable that there is no
one return under seal which has been handed
to the Mayor by the managers, and that there
are ballots which have been returned to the
| Mayor which were not under seal. Iney were
prepared next to consider what has been re-
ceived by the Mayor, and how far the law has
| been complied with. According to their view,
| the next step for the board was to receive the
returns which have been made under seal, and
to examine the ballots returned under seal.
hIr. Corbin thought counsel on neither side
| had right to proceed at that time. AS he
understood the resolution adopted yesterday.
| the board was to proceed to examine wha.
votes they had in their possession. How they
should do this, or what value they gave to it,
was q matter for the board to consider. But
counsel on the other side had said that unless
| these returns come in o certain form, in an en-
velope sealed up and in separate returns, the
board should not declare them. He had invi-
| ted discussion upoa this very point yesterday,
| but the counsel on the other side avoided It,;
| these points, however, cannot be STAYED oil,
and must be, sooner or later, decided.
The counsel had said the board could not
receive the returns except they came in one
sealed envelope. He knew Of no such law. It
was not in the statute under which the election
was held. II WAS in no other statute. In fact
they had no right to refer to any other statute.
Counsel read the second section of the
Municipal Election act, to prove that the
| Managers OF Elections we're appointed under
| the General Election law. These managers
had organized under that law, and had con-
Quoted an election to which no one had object
ed. The Municipal Election law gave them
new duties to perform, but regarded them as
already organized and competent to perform
| those duties.
The speaker also took issue with the oppo-
/ -. II.