The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-11-14
The Protest.
TIE ACTION OF CITY COUNCIL.

| An extra meeting OF COuuCi M"s hS4A A-S'
night for the purpose:of considering the FRO
test of the citizens against the legality OF the
recent Municipal election. The object of the
meeting had been noised abroad ttr ouSh the
CITY. and about seven o'clock in the evening,
the hour Tor Council to assemble, large num-
ber uf persons, principally negroes, had COL
lected in the neighborhood of the City Hall,
apparently with the intenOion of attending the
meeting. guard had, however, been put
upon the City Hall steps, and no one was al
lowed to enter the building except members OF
Council, members of thu Board of Managers,
the counsel in the case, and the representa-
tives OF the press. The Council Chamber be-
ing only capable of accommodating small
number Of persons with any degree OF comfort,
the precautions taken were necessary to pre-
serve order.
There we're present at the meeting, as men,
bers of Council, Mayor Clark, Aldermen Geo
dings, Potter, Lindstrom, Dareef, Wall, omcy'
Whilden, Honour, Voigt, Howard, McAlniay.
| Marshall and Moore.
Messrs. j. b. Campbell, Isaac W. Hayne. C.
Richardson Miles, A. G. Magrath, Edward Nc
Grady, Jr., and Theo. G. Barker attended as
committee on behalf OF the citizens who pro-
tested the election.
Hon. W. D. Porter, City Attorney; Major y.
T. Corbin, United States District Attorney; At
torney- General Chamberlain; A. j. RaISier,
Chairman OF the Republican Stlte Executive
Committee, and some others, were also pres
ent.
After the transaction of some routine busi-
ness, the Mayor called to the attention OF
Council the protest Of the citizens which had
beon handed to him, and in go doing said that
it bore on its face the signatures OF between
fourteen hundred and sixteen hundred cit:-
zens, whose M mes represented the substantial
weight and character of the community; that
it was worthy OF the most serious consider
alton, and that to decide what was their duty
in the matter demanded calm consideration,
cool determination and firm decision.
Alderman Wall (colored) requested that the
law bearing on the subject should be read.
The Mayor read the fifth section of the Act
Of the Legislature OF 1898. regulating Munich
pal elections, as follows:
v. The Managers Of Election shall meet at 10
o'clock a. NJ. on tho day succeeding such cleo
ton, at some public place within the corporate
limits OF the city or town in which such elec-
ton is held, and proceed to count the votes,
under oath, stating the whole number OF votes
cast for each candidate or person voted TOR, anu
shall transmit their report OF the same III
sealed envelope to the actlug Mayor or l1teE-
dant of the city or town wherein they have
been appointed; and if there be no acting Mayor
or Intendant in any such city or town, Or IN the
absence OF such Mayor OF Intendant, the same
shall be transmitted to the Clerk Of Court for
tho county in which said city or town may be.
The said Mayor or Intepdant, or Clerk of Court,
SHAH open the report of said Managers, and
shall announce and publish the whole number
OF votes cast and the whole number cast for
each candidate. when the several candidates
receiving the largest number Of legal votes for
the Offices for which they were voted Tor snail
be declared duly elected. The Managers OF
Election shall decide contested cases, subject
to the ultimate decision Of the Boards Of Alder
men or Wardens, when organized, exce6. when
the election OF majority Of the persons voted
for are contested, or the Managers charged
with illegal conduct, in which case the returns,
together with the ballots, shall be examined,
and the case investigated by the acting Board
of Aldermen, who shall decide the election, and
their decision shall be biuding upon alpartles.
Alderman Whilden offered the following
resolution, which was seconded by Alderman
Voigt
Resoloed, That the place appointed by this
Council to hear the evidence in the matter OF
the protest OF the recent election be the City
Court Room, and the hour twelve O'Clock
Saturday, November H. and to be continued
from day to dny until completed, Sundays ex-
cepted.
Alderman Geddings said that it seemed to
him that Council was proceeding rather rapid
ly, and vet he was not prepared to discuss the
subject because he was just out Of a sick bed.
THIS was o matter OF vital interest to every
man in tho community. It touched the well
fare of every man; it went to the foundation ut
our political and civil liberties; it reached for
ward to the future, affe" ling the fate of untold
generations. 1t was, thel eforc, OF the greatest
consequence that every step should be taken
after proper examination aud wise considera-
ton. In reading the protest a question had
occurred to him, viz: whether the managers
had decided the election?
Mayor Clark explained that in his opinion
the Legislature in passing the act had under
consideration places where there was only one
Board OF Managers. and that here, where there
were o number of boards, each board had to
report to the Mayor, and this had besn done;
but before he had an opportunity to open the
reports and declare the election, the protest
was handed in contesting the election of ma
jority of the officers voted for, and that case
was thus made for the action of Council.
Alderman Whilden called the attention Of
Council to the fact that one Of the charges in
the protest was against the managers for lille
gal conduct.
Alderman Wall (colored) took the ground
that Council had no right to discuss this mat
ter until it had been first passed upon by the
managers, and then by the new Board OF AL
',rmen, because the Council was the court Of
inal jurisdiction.
Mayor Clark explained to Alderman Wall
(colored) his misapprehension of the law.
Alderman Whilden withdrew his resolution.
Alderman Geddiu5s asked if the publication
of the result OF the election in the papers of
Wednesday morning was Official, or if there
had boen any official declaration of the result
Of the election
Mayor Clark replied in the negative.
Alderman Gedlings thea said that he could
not sec what tho protest was against.
Mayor Clark explained that the protest was