The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-20
THE CONTESTED ELECEION:


rIA sGl
Since the beginning OF the contest between the
Mayor and Aldermen Of Charleston and the Pllsbury
party, who claim to have been elected at the No.
vember elections, the public have become familiar
with the ordinary course of legal proceedings. and
tn is scarcely colored In town who does not
know that writ Of ma dansus means GET OUT | snd
that writ of quo ,varranto means WHAT RIGHT
HAVE YOU STAY The interest in the result of
this contest Is Intense and at ten oolo ok yesterday
morning the courtroom OF the Circuit Court was fill.
cd with spectators.
The Acting Mayor and Aldermen were represented
by the Hon. w. d. Porter, City Attorney, Theo G..
Barker. Esq. and g. Richardson Miles, Esq; the
being repre- esented by the Hon. D. T. Cor
bin, United States District Attorney
The return 10 the writ OF nandamus read.
Tho respondents Say that they do not surrender
their ofaces because they in possession ef said
Offices having been admitted and sworn under ap-
pointments and eleetions duly made. and that tho
is not the proper remedy; aud, further,
that BY the acts OF tine present General Assembly
they entitled and bound to continue in ofRce
until their shall be elected and qualified
according to law, and TINT Gilbert Plsbury and the
other petitioners have net been elected and qualified
according to law. They then reoite tao wellknown
circumstances Of the election, the contest tho And
that the validity of the election of Pisbury and the
other petitioners has been udicially determined
otherwise than by the &c Ing Board of Aldermen;
that the supreme Court expressly declared that
they did not mean 70 express any opinion to the
rights OF the petitioners to the Offices claimed by
thea. and that the petitioners entitled to have
tho same determined by due process OF law. They
also say that they advised that the act to
rm and declare valid the recent municipal election
is contrary to the chartered rights ofthe corporators
Of the city, and also to the l2h 14th and 28th
tons of the first article Of the Constitution of the
state, and to the 2oth section Of tic!e I'd Of the
same and to the Fourteenth mendment TO the Con.
stutien Of the United states IN conclusion the es-
pondents admit the demand Of Pillsbury and
the other petitioners for the Offices and
properties of the city but say "that the petitioners
were not DULY elected and qualified, and hive no
right or title thereto; and that inasmuch the re-
spondents haze been admitted, sworn, and aotu.
ally in possession Of their several respective ofces
the proceeding by mandamas Is not the proper re-
medy for the petitioners, and they pray that the
same be quashed." Signed by G. W. Clark, Mayor,
and Aldermen Geddings. Potter, Lindstrom, Dereef,
Cade olney. Honour, Whilden Marshall and voigt.
The pleas to tho writ of quo suarrdnto are to the
effect that proceedings under writ Of quo ,oarrante
were depending in the Supreme Court at the time Of
case, and that the Information should be Quashed
The counsel state the fact that all the Aldermen were
appointed by General Candy. save Messrs. Honour
Whilden and Olney, who were duly elected in 1866
and that they are bound under the city charter and
the acts of the present General Assembly to hold
their ofaces until those offices are filed by the cleo
ton and qualification Of their successors, and that
no successors have 80 been elected and qualified.
They admit that the demand was made by Pillsbury
and others for the ofaces and the property belong.
ing to them, and that they did not surrender the
same because the claimants have been duly elect
ed and qualified, and are not Mayor and Aldermen
of Charleston. The plea is signed by the Bon W.
d. Porter. G. R. Miles, Esq., and 1heo. q. Barker,
Esq, counsel for defendants.
After the reading of the returns, Mr. Corbin said
that In view Of the new issues and queshons brought
up In the returns, he would ask postponement of
the hearing of the case for few hours.
Judge Careenter then postponed the further hear
ing Of the case to this morning.