Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1869-01-29

That the City Council had the right
to make this decision, and in this re-
spect was invested with full judicial
powers, is the opinion of the best
lawyers i'll the State. Their decision
was final and conclusive, since the
Act of the Legislature which invested
them with the authority made no
provision for an appeal, and had de-
clared that their decision should be
binding upon bothsparties.
The Supreme Court, however, de-
termined otherwise, and directed that
a nsandamus should issue against them
to declare the election. To this the
City Council made another return, in
which they state, that, upon examina-
tion, they found that Pillsbury and
his friends have received majority of
the votes cast, but that they had re-
fused to furnish certificates of elec-
ton, on the ground that the election
had been illegally conducted, ana that
the majoritics claimed were not of
legal potes.
Messrs. Corbin and Chamberlain, of
counsel for Dir. PiIlsbury moved for
a rule against the present Mayor and
Aldermen to ehew cause, why they
should not be attached for contempt,
in not having certified, in addition to
the return, that Mr.. Rillsbury and his
Aldermen had received the largest
number of votes, also that they were
thereby duly elected Mayor and Al
dermcn Of the City of Charleston.
Upon the hearing CT this question,
the Court ruled the return of the pre-
sent Council to be sufficient response
to the Mandamus.
The opinion was announced by
Chief Justice Moses, as follows:
"The return is suhst4ptial compli-
ance with the witt.
"TLe allegation was that tho City
Council failed in their duty in not de-
claring the election.
"That without such official declara-
tion the party receiving the majority
Of votes could not contest his right to
the Office.
"The return must place him in a
position to do 80.
alt makes no difference in point of
law that the City Council have failed
to insert in their return the words
duly elected.
':The return is made in good faith.
and has the same effect as if the words
duly elected were inserted.
"PracticalIy it says: We declare
the election by announcing the votes
cast, and that Pillsbury had the ma.
jority.
"Pillsbury is in as good position
as if the return hid said he was duly
elected.
THE Court does not intend to init.
mate anything further as to the right
of Pillsbury to Quo Warranto, or as to
right of city Council"
I We do not understand Chief Justice
Moses as holding that Mr.. Pillsbury
is duly elected. If so, then tho words
"The Court does not intend to init
!, mate anything further as to the right
of Pillsbury to Quo Warranto, or as te
rights of City Council" would b.
"inconsistent and nonsensical."
The next proceeding, in duo cours'
b of law-the office of the Nandamu
having ased,-would be for Pillsbu
ry and his friends to sue out a writ O
Quo Worranto against the acting
Board Of Aldermen, to shew caus
= why they should not surrender thci
1 seats to those who, according to tn
return of the managers, have ma
: jority Of the votes cast. This woul
bring up the whole question of th
, /, validity of the election, which, upo
= appeal, would be finally decided b
. . the Supreme Court.
This course, however, is a little to
,. diiatory, and altogether too uncertain
for Mr.. Corbin. He doffs. the lon,
: robe OF the Advocate, and assumes til
role Of the law-maker, and hopes, b
y the sword Of precipitative Legislation
y, y. to cut this Gordian knot of inextrics
) bis difficulty, in which he and hi
. . friends are involved. We trust, how
> ever, that the task will prove to
, HuSculean for this would-be Cesar
. WHO
, ,-- {" Doth bsstr1ds tho narres . sorid.
Like Colo-sus and We petty men
J. Walk ueder his huge legs. and peep shout
y To- 6Ppd ourselves disAOno,sbls graves,
e sT Phe religions meetings in th
B. Methodist Church have been },ent n