The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-05-15
ANOTHER MEETING OF COUNCIL.


There was special meeting Of Council last
evening at eight o'clock.
Present-The Mayor; Aldermen Geddipgs,
Cunningham, Collins, Green, T. j. Mackey,
Barrow, E. w. NJ. Mackey, Potter, and Nick n
lay, Holloway, Small, Howard, Thorne, L. P.
Wall, l.. F. Wall, Brown and Hampton, col
ored.
The Mayor said before proceeding to busi
ness Q would call the attention OF visitors to
an ordinance requiring them to respect the
hall and not spit upon the carpet or deface the
building. a#t4
The Mayor said there were sundry accounts in
the hands Of the clerk which should be referred
to committees.
Alderman Wall said the meeting was spe-
cial one, to hear the report OF the Committee
ON Vacant Offices.
Alderman McKinlay read the report as fol.
lows, and it was received as Inf rmatlon:
The Committee on Vacant Offices, to whom
was referred a resolution adopted at the last
meeting OF Council. directing SAID Committee
what, II any, city Offices are vacant, the legal
tenure by which city officers are held, and the
power and authority Of Council to remove the
that they have had the subject matter en-.
braced IN the resolution under consideration,
ana gave 1T that investigation and delibera-
| tion the shortness of the time allowed theui
would permit. and herein present the result
of the conclusion 10 which they have come:
First. That there is but one vacancy. viz:
that Of City, Attorney, the ofieo being made
OF the late incumbent, Hon. w. D. Porter.
Second. The legal tenure by which the city
Offices are held are by various ordinances pass
ed by the City Council from time to time Great
ing these offices and electing the officers to iii
them in pursuance of the provisions thereby
provided.
Third. AS to the power and authority of
council to remove incumbents, the committee
would quote certain sections Of the city ordi-
nancss bearing upon the subject.
An ordinance OF the City Council ratified Oc-
tober 8, 1906. defining the time that the annual
election for officers should take,place. provides
that those elected dshould hold their offices tor
Que year, unless previously removed by a vote
OF Council" Section sixteen of all ordinance
| ratified October 10, 1926, reads thus:
From and after the passing Of this ordinance
all and every city officer elecred by the City
Council of Charleston shall be and is hereby
declared to be subject at any time to be re-
moved from office by the vote OF seven or more
| members OF Council, for such causes as t. them
the case."
Also, by an ordinance ratified October 10Th.
1850; the 21st section Of which reads thus:
FROM and after the passing of this Ordi-
nance all and every city officer elected by the
City Council Of Charleston shall be and Is here
by declared to be subject at any time to be re-
| moved from Office by the votes OF nine or moro
members of this Council, for such. oanses "A
to them shall seem sufficient, after q full hear
| ing OF the case"
The foregoing quotations from the city ordi-
nanoes, corroboratiVe Of each other, consti-
tute ample evidence that the City Council.
from an early period Of it's incorporation up
wares, by legal enactmelts, reserved to itself
the right to vacate any or ali of the Offices
created by it, dd tab,tuah. The cOmmitte, there
lore, express the OpAnlOn, based upon the FORE
gong sections OF ordinances cited, that the
tI,n n.yso I~k
remove incumbents from office when they may
deem 1t meet to do so. w. j. ,MOKlNIAY.
E. p. WALL.
Alderman Barrow offered resolution, which
was seconded, that the eleventh rule OF Co1n
Gil be rescinded.
Alderman Geddings said that the eleventh
rule referred to steam engines, and he conld
not see the object Of the resolution
Alderman T. J. Mackey said the gentleman
meant, the twelfth rule
The Mayor said that under Rule nineteen. g.
rule could not be rescinded by less than n
three-fourths vote.
Collins. Sc 'ond the resolution. Laughter. I
Alderman L. J. Mackey. IF majority of
Council decide to rescind the rules, they can
do 1t by every principle of parliamentary law.
The Mayor decided that the resolution could
not be passed by less than three-fourths
vote.
Alderman T. J. Maokey. shall be compelled
to appeal from the decision OF the chair.
Alderman Collins rose to object to Alderman
Mackey prompting Aldermen when to vote and
when to second measures s7H., ;#y
Alderman Hampton said he was about to
rise and second the resolution.
1.-The rule which it was desired to rescind
requires that the Mayor shall appoint the
Standing Committees. .-REp.]
The Mayor said that the chair had ruled that
the resolution could not be adopte in the face
Of Rule 19.
Alderman T. J. Mackey asked if majority
had not adopted the rule.
Alderman Collins said o majority had adopt
ed the rule, but no change in it could be made
except in regular form. This change, he said,
was only sought by interested parties who want
to rule, and he hoped to God they would not
succeed.
Alderman Small secopded the motion Of AL
derman Mackey, to appeal from the decision
OF the echair. i.i,f,r<g
The Mayor said Council had adopted the old
rules, and could not rescind them in. opposi-
ton to Rule 10. = t,,H .431f
Alderman Collins asked IL the gentleman
(Alderman I. J. Mackey) was Mayor, or Mr..
Pillsbury.
AldermanT. y. Mackey said in due time he
would notice the insolence Of the Alderman.
Alderman Cunningham requested the clerk
to read the proceedings Of the last Council, to
see If they were permanently adopted or not.
The clerk read the rules.
Alderm In McKinlay said he had offered the
resolution that the rules Of the old board
should be adopted, and said they were perma.
nently adopted.
Alderman Collins. Under such an UNDER
standing T voted for them.
Alderman E.W. NJ. Mackey said the gentle-
men might be mistaken. He did not think
they were permanently adopted.
Alderman L. +. Wall was sure that there !
was no such word as permanent" there.
Alderman T. J. Mackey insisted ona his an