The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-05-22
THE QUO WARRANTO CASE.

THE quo W4RRANTO CASE.
Alderman Greene Completes the Doubt
full AIdermantc Trio-What was Done
In Court.
Early yesterday morning writ of quo aoor-
ranto was served on Alderman Greene, who, as
in the case of Alderm IN Barrow, ID said to have
removed from the ward which he was elected
to represent, thereby vacating his office. This
writ was made returnable yesterday at 10 P.
NJ, when Aldermen T. j. Mackey, Barrow and
Greene appeared by counsel before Associate
Justice Willard.
When the court was opened the relators were
represented by their counsel. B. @. Presley,
Esq., and Saml Lord, Esq. T. B. King, Esq,
appeared for Alderman Greene, and MIR. q. q.
Bowen for Aldermen Mackey and Barrow.
Mr.. @. C. Bowen moved that r. F. Tharin,
ESQ.,, be admitted to practice in the courts OF
the State, that he might appear as one OF the
counsel for Aldermen Mackey and Barrow.
Judge Willard decided that Mr.. Tharin could
be admitted for this particular case, but not
for general practice; and MIR. Tharin was 30 ad-
mitted.
Mr., Tharin then moved that the wits
against Aldermen Mackey and Barrow be dis
missed, for the following reasons:
1. The writ being issued against member
of parliamentary and legislative body which
has adopted the rules Of the United States
House OF Representatives, the question is
coran non j,ssdice, because the City Council
only have the right to judge of the qualifca-
tions OF their own members.
q, The Constitution Of the State, adopted
March II, 1868, repeats the act of lS1S in Article
8, section Z. The residing in the ward is no
longer required.
8. The act OF March 1, 1869, vaidifying the
election, was an act passed under the consti-
tuition now in foros, and hence applies to the
new tenure-of-ofice, having cured forever all
Irregularities 'talleged" by the adherents to
the ancient tenure.
Mr. PRESLEY said that these pleas should be
made the return Of the defendants. II this
were not done, the defendants would by these
pleas be able to test the feeling Of the court
on the main facts of the case, aud would, II the
court we're against them, be able then to make
formal return to the writ, which would be
equivalent TO having two trials Of the sub
stance OF the case, and great disadvantage
to the REALTORS.
Mr. Tharin sail that the defendants did not
make return to the writ, but pleaded to the
jurisdiction OF the court, which they had the
right to do. The City Couocil alone could de-
eide the matter, for they we're the only judges
Of the qualifications of their members. By
them the question must be heard, adjudicated
and finally determined, and to them it should
have been submitted.
Mr. Presley explained the effect the pleas
put 10 BY the defence, and cited authority to
prove that writ Of quo oa,ranto could not be
dismissed or quashed, no return to the wit
having been made.
Judge Willard said that if the defendants
we're right, resolution Of C, uncil or an ordi-
nance Of Council would have the power to oust
case from the highest court in the State.
Mr.. Tharin said be was not prepared to show
by what statute Council was given the authori-
ty to determine the qualifications Of it's MEM
bers. It had that power under the general
law of the State, and of the United States;
but he had not had time to find the particular
statute. Nor had he any authority to show
that the writ might be dismissed as plea to
the jurisdiction Of the court.
Judge Willard said that he would hold to the
authority clted by the relators, and ruled that
the respondents must make return to the
writ.
Mr.. Bowen asked that the case be continued
to Monday morning, to give the defendants
time to make their return
Mr.. Presley opposed this motion because
City Council was hurrying up matters in such
. way as to make necessary speedy determi-
nation Of the case il any good were to be ac-
complished by il. Council was holling night
ly sessions and reading bills three times at one
meeting. This might be right or wrong.
Council might be doing good or harm. But as
persons who we're believed to B.. disqualified
we're taking part in the proceedings and max
ing laws, it was absolutely necessary to have
their right decided without delay. He was will
ing to give the defendants just as much time
as they desired, II they would not, pending
the decision of the court, proceed to exercise
the powers which it was claimed were unauthor-
lied. But if the parties were resolved to go
On until stopped by the courts, there should be
no pos;ponement in the hearing OF the case.
Mr.. Bowen. May it please your Honor.
have seen the handwriting on the wall. When
the other side can'a get men to vote as they
please they come in here, call them incom-
petent, and get out quo r7rrdnto. am
not here to make any agreement for City Coun-
Gil. T am here to defend two men against
whom charges have been made. As for Council,
I do not know sught about it.
Mr.. Bowen spoke for some minutes, and
when he had finished tie court ordered that
the further hearing Of the case be continued
to Monday morning next, at 10 A. NJ, when
the returns il all three cases must be filed.
New GEORGIA Wharf.-The Augusta tGa.)
Chronicle and Sentinel, Of yesterday, says:
MIR. j. o. Mathewson, commission merchant.
s.nt on Tuesday one dozen heads Of ripe
wheat to MI. B. u. Morrison, Jr., produce and
IL, No ,Ioak