The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-11-16

The City Council.


The City Council.
THE HEARING OF TIE PROTEST OF THE ELEc
r1oN-RULEs To GOVERN THE INVESTIGATION
OF THE cAsE-rHE PROCEEDINGS OF sATUn
DAY.
Council met pursuant to adjournment, in
the Council Chamber, at half-past eleven A,
N. Saturday.
Present-The Mayor, Aldermen Potter, Gun.
ningham, Lindstrom, Dereof, Wall, Cade, o.
ney, Honour, Whilden, voigt, Howard, McKin-
lay, Marshall, Moore-15.
The Mayor announced quorum present and
Council ready to proceed to business. The
reading of the minutes of the last extra meet
ing was dispensed with.
Alderman Olney, of the committee appointed
to draft rules for the government of the ACT
ing Board of Aldermen" OF the City OF Charles
ton, in the investigation of the protest OF sun
dry citizens. contestlng the election of Mayor
and Aldermen, on the 10th OF November, 1865,
submitted the following:
COUNCIL CHAMBER, |
CHARLESTON, S. c., November IA 1868.
Rules for the government Of the "Acting
Board of Aldermen of the city of Charles
ton, in the investigation of the case of the
election Of Mayor and Aldermen on the 10th of
November. upon the demand and protest OF
sundry citizens, contesting the election OF q
majority Of the persons voted for, and charg
| ing the Managers with illegal conduct:
First. The examination and investigation
shall be conducted by the board in public
manner, at such times and places as shall be
from time to time fixed by them, and such
examination shall be governed by the law of
evidence.
Second. The professionals shall be represented
and their case conducted by counsel, and the
claimants under the said election may also be
represented by counsel.
Third. The City Attorney shall attend as
the legal adviser of the board, upon such
points as shall be submitted to him by the
board in the course Of the investigation.
Fourth. The examination of witnesses shall
be uaua roce and under oath. with full right of
cross-examination and reply.
Fifth. The board shall appoint two secre-
taries to take down the testimony OF the
witnesses and keep the record OF the proceed
ipgs of the board under their supervision and
direction.
Sixth. In the conduct Of tie investigation,
the protestants shall be the actors.
Seventh. The board shall have power to
compel the attendance of necessary witnesses
to enforce obedience to its orders and pre-
cepts; to preserve order. and to punish, in
| bedience to it's authority, and to make all
lawful orders, rules and regulations which may
be essential or conclusive to the ends Of
| Justice.
Eighth. Tho Mayor, as presiding officer Of
the beard, shall direct all necessary prepar4-
tions in the hall, and shall, during the investi-
cation, direct all the forms CT proceeding not
otherwise specially provided for.
Ninth. At all times while the board is sit
ting in this investigation the doors shall be
kept open, unless the board shall direct the
doors to be closed while celebrating upon it's
decisions, preliminary and interlocutory and
final.
(Signed,) Fl. B. OLNEY.
RUBr. HOWARD.
Alderman Olney stated that the report was
signed by but two members of the committee,
/ the other member Alderman Geddings, not
havicg appeared of the meeting of the commit
tee owing to sickness.
Alderman WhIlden moved the adoption of
the report, and the question being taken, it
was decided in the affirmative.
Alderman Whilden offered the following;
Resolced That the Council do now adjourn,
and the members thereof meet in the City Court
room at II NJ, as Board Of Aldermen, under
the act OF the General Assembly, to examine
and investigate the case presented by the pro.
test against the late election for Mayor and
Aldermen.
The resolution was agreed to.
Council then Adjourned, and in accordance
with the above resolution, rcassembled in tho
City Court room ct 12 NJ, and organized as q
Board of Aldermen for the Investigation of the
protest.
Mayor Clark, on taking tn, chair, said:
Gentlemen of the Board Of Aldermen Of the
Cityot Charleston:
At meeting Of Council held last evening
the protest of large number OF citizens of
khn ~ Hhorl 70
ito on tho 10th of November for Mayor and
Aldermen was handed in for consideration.
The protest was duly read. That protest asked
for the appointment Of a time and place that
the returns with the ballots should be exam.
ined, and the case investigated by your board.
It also asked that q time and place be ap-
pointed by you for the production OF proofs.
Under that request and the protest preceding
it, the following preamble snd resolutions were
offered and adopted:
Whereas, The General Assembly of this
State, by an act, constituted tho Mayors and
Councils OF the several municipalities respec-
lively, in this State, umplres to examine ar uo-
clare the results OF popular elections in
certain exigencies therein set forth, and such
exigencies have arisen in the recent Municipal
election of this city, in which 1t is contended
that illegal courses have been practlced which
have contributed to an erroneous result and
protest against the said election beng uttered
bly, signed, has been presented to the Mayor
for his action and that OF Council; it is there
fore
Resoloed, That it is tho duty OF his Honor
the Mayor and Council to appoint an early day
to verify the ballotings in the various wards as
legally required-to take under oath evidences
Of fraud and other illegal ac.s said to have been
practiced in the recent Municipal elections, and
in all needtul ways to conform to the act OF AS
sembly as an indispensable preliminary to an
official enunciation Of the result of said elec-
ton; and that the place appointed by this
Board OF Aldermen to hear the evidence in the
matter OF the protest OF recent election be the
City Court room, and the hour twelve O'Clock on
Saturday, the 18th November, to be continued
from day to day until completed (Sundays ex-
cepted).
We have now met under that resolution for
the consideration OF this protest, the examina-
tion Of the ballots, and to take such course of
action as the board may deem proper to pur
sue.
On motion of Alderman Olney, the board ad-
jou1ned to the Council Chamber.
o. reassembling in the Council Chamber
Mayor Clark again stated the object OF their
meeting, viz: to take into consideration the
protest.
Alderman Whi!den requested that the act
under " hich they had met to consider the pro-
test be first read.
The Mayor then read the act, the protest and
The rules which we're to govern the board in Its