The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-05-03
TIE END OF TUE CONTESTED ELEC.
TION.
Judge Carpenter Decides against Clark
-Pillsbury TO be Seated To-day.

Judge Carpenter Decides against Clark
-Pillsbury TO be Seated To-day.
On Saturday morning Judge Carpenter de-
livered his opinion in the contested election
case between Acting Mayor Clark and the
present Aldermen, and Mr.. Pllsbury and his
Aldermen. Judge Carpenter reviews the whole
case and argues it in an able manner, citing
authorities in support of the position which he
takes The following extract, which forms
the conclusion of the opinion, is all that the
general reader will care to zee:
The line Of distinction, running through al
the authorities, is between pubic ana prtodn
corporations. Over the former the Legislative
latter. The manifest reason is that the CHAR
ter OF a private corporation constitutes con,
| troll between it and the government, and vested
rights acquired under the act OF incorporation
are as sacred as private rights vested by any
| other law. And this ID also true IN regard To
rights OF property in municipal corporation;
because to the extent that such legal rights
| have become vested under the charter they
are deemed private corporations, and are
| placed upon the same footing. Hence the
Legislature could not require the property oi
the city to be sold and the proceeds paid into
the public treasury, for the reasons that con-
tracts have been made, debts contracted, pro,
perty purchased for specific public uses, and
these among others have become ves.ed rights
under the charter.
The act OF March 1st, 1869. does not amend
the charter. It makes an election regular and
valid which was before irregular and detective.
The State government had constituted certain
persons it's political agents to conduct the
election; they conducted it IN an irregular and
illegal manner. The conditions upon. which it
should have been held were prescribed BY the
political powers OF the State; the same powers
might have neglected to require the perform
ance Of those conditions before the election,
had right to waive them afterwards, deem:
ed 1t expedient to do so, and did make 1t valid
and legal.
The power conceded, the expediency and
propriety OF the measure, are considerations
exclusively for the Legislature. The statute 1s
unambiguous, its language explicit; the law
has spoken, and 1t becomes my imperative duty
80 TO decide.
According to the views have taken Of the
case, the first anG fifth pleas are bad in law,
though true in tact, and the issues joined are
wholly immaterial. The demurrer is sustained
to the second, third and fourth pleas, and over.
ruled as to the sixth plea. The relator will
bave leave to repledd as to the first and fifth
pleas, and upon doing so in proper manner,
Judgment OF custer will be rendered against
the respondents.
am not iusensibe to the magnitude OF the
questions discussed and decided. Financial and
commercial interests, Of vast Importance. have
been enlisted; party feeling, passion and pre-
judice invoked; but however desirable it may
be to foster the former, and curb the latter,
they are matters with which, as judge, have
no concern. It is not my province to declare
an act of the political departments void unless
it is go beyond reasonable doubt. ne must
L. koll xuhN nfIld of
is within that category, after careful e1amin-
alton OF the authorities. am not that man.
Fully aware Of the public interest felt in this
oaso, I have given it the most careful aDd an1-
ious investigation, and honestly and firmly re-
Iy upon the c.uracy OF my conclusions. re-
fleet with satisfaction upon the fact that this
decision is not fDal. and that II l am in error
the more mature judgment of tae Supreme
Court affords an ample correction. And
should that court arrive at a different con-
cluslon from my own, it will be my duty and
pleasure to execute the law as expounded by
the highest judicial tribunal in the State.
By this 1t will be seen that Judge Carpenter
decides unequivocally that Mr. Pillsbury and
his Aldermen are entitled to their Offices under
act Of the Legislature Of March 1, 1869. Some
amendments to the pleadings OF the REALTORS
were ordered before the final judgment Of GUST
or was pronounced. AS soon as they were
made by the counsel, the writ was issucd and
served on the Mayor and Aldermen individu-
ally. The writ in the usual form requires them
to yscate upon pain Of tachment for contempt
of court, and to deliver up to the claimants
their offices, with their books, papers and ap-
purtenances.
Mr.. Pillsbury, soon after the service Of the
writ, addressed Mayor CLARK letter, demand
ing possession OF the Office. Mayor Clark re-
Piled, that after considering the communica-
ton he would say, "that whilst it was his de-
sire to bold on Tuesday evening next one more
meeting OF Council, in order to close up some
unfinished business, still, as it was MIR. Pills
bury desire, he would be ready to turn over at
II meridian, on Monday (to-day,) the posses
sion of the Mayoralty in accordance with the
result OF the law"
The acting Mayor and the Mayor elect and
some others repaired to the Attorney-Gene-
rails Office in the Courthouse, where the out
going and the incoming buried the hatchet by
shaking hands and vowins eternal friendship.
Perhaps in consequence Of il not being gene
rally known, there were fewer Of the faithful than
is usual on suoh momentous occasions gath
cred around the temple Of justice, and these
were in no wise enthusiastic. or course the
dusky face Of Ethiopia was lit up with smile,
and the features Of the Caucasian tinged with
more oerulean hue; but beyond these slight
evidences of satisfaction and annoyance, tho
occasion ives unmarked by incident.
To-day, at u NJ, Mr.. Pillsbury and his
Aldermen will be sworn into Office, at the City
Hall. Tonight there viii be a gathering OF
the friend, OF the Mayor elect in front OF his
residence, in Doughty-street to compliment
him with serenade (; beyond this, no other
demonstration is expected to lake place.
AS fa- as the present city officials are COZ
cerned, there will be clean sweep, and many
baskets Of official heads will be gathered ere
many days. The slate has not been definitely
announced, but rumor has Major Willoughby
for chief of police; Daley and TAFT, heutenants;
Ihley, orderly sergeant, aud dominoes for pri-
Yates. General J. B. Dennis, Tor city treasu-
rer; T. j. Mackey, city inspector; W. B. Etter,
clerk Of council.
In the community the decision of The case
has created no outward stir whatever. City
stock, however, was dull and may temporarily
declinc.r>-,
REDUCTION OF FARE.-We learn that the fare
by the steamer Pilot Boy to Savannah. via