The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-09-14
To the Honorable the Senate and the House of
Assembly of the State Of South Carolina,

Assembly of the State Of South Carolina,
now assembled in the City of Columbia:
The petition OF the Honorable the Mayor
and Common Council of the City Of Charleston,
s. c., respectfully showeth: That on or about
the year 1888 q law was passed by the then
Legislature, prohibiting the excavation and
building Of cellars in any new building to be
hereafter erected within twenty (20) miles of
the sea coast. That your petitioners, at this
distance of time, are unable to say what ~ere
the true motives for the enactment Of such an
unjust law. Your petitioners, however, are led
to believe that the passage OF the said law was
made in conformity With the ideas Of certain
the alarm and terror engendered by fearinl
epidemic which had the previous season passed
over Oh harleston. Amongst other considera-
tions advanced as the cause OF the said sick
ness was the existence Of cellars, which, after
livery extensive confagration. had visited this
place, were filled with water from rains and
from the water used in trying to suppress the
fire. Such accuriulations OF water laying in
the cellars Of the burnt district became stag
nant, and was very naturally charged as the
cause Of the epidemic.
Your petitioners would, however, call to the
notice Of your honorable body the fact that
another, and, if possible, more disastrous con-
fagratlon has passed over our city since the
time above alluded to. and although heavy
and excavations exist in the ruined district, yet
no stagnant water is now to be seen, and we have
been entirely free from epidemics and other so-
we're visltations OF sickness. The causes of
this salutary and wonderful change is to be
found IN the fact that Of late years this corpo-
ration has made great improvements in the
drainage of this city. For whereas the earlier
administration had given little or no attention
to the great modern and ganitary improve
ments of thorough and complete drainage,
later administration ls have applied themselves
earnestly to extend and improve the drainage
system.
Your petitioners would therefore pray your
honorable body to repeal said useless law
as the one referred to
First. AS being no longer Necessary on ac-
count of the improved system Of drainage al
ready commenced, ard to be still further e1-
tended, as means will permit.
Second Because of the unconstitutional
character Of the law. For whereas, in all new
buildings, the privilege OF cellars ls prohibited,
yet the fortunate possessor OF an old-tme
building is allowed such privilege, thereby be-
slowing that right upon one .citizei. while
sternly denying the same tp another.
Third. Because the law is easily evaded; for
it is only necessary for the owner or builder to
declare that an excavation ls intended lor
cistsrn or for an icehouse, and the work may
proceed under false pretence, and be after
wards used as the parties may think proper.
Nevertheless, 10 the tlmid aud the conscien-
tious, the above offensive Law b. comes source
of terror aud disquiet.
And the said law is otherwise evaded. Your
petitioners could point out buildings in the
older portions of the city, which have been en-
tirely rebuilt from the foundations, and cellars
have in such cases been permitted slmrly b3-
cause the owners were persons OF extensive
political or monetary influence. But other
cases might be mentioned, where the owners OF
property have been comparatively poor and
been notified by the officers OF the law to exca-
vate cellars at their own immediate peril.
For the above reasons, and for others that
your petitioners might render, your petition.
ers most respectfully pray for the repeal OF
this most unjust and unnecessary law, and
your petitioners, as in duty bound, will ever
pray.
On motion, the Mayor was requested to sign
the same and I rward it to Columbia.
Alderman Whilden suggested that as the re-
port of the Committee on the application OF the
Hope Fire Company was referred back to them
earlier in the evening, and all the members be-
ing now present, that it be taken up again for
consideration tins evening. Those members
OF the committee who did not sign before as-
sented to attaching their signatures to tho
samo. This boing done, Alderman drddings
read the report and it was adopted.
Alderman Wall moved that special commit
tee of Eve, Of which the Mayor shall be chair
man, Le appointed to investigate the affairs OF
the City Engineer, and to report at next meet
ing. -"
The Mayor objected to being placed in the
motion was made and carried to lay 1t over to
the next meeting.
Adjourned. ". b. SMITH,
. 'S-''' Clerk Of Council.