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

ANOTHER NETTING OF COUNCIL.
Disgraceful and disgusting Exhibition.
sThere was special meeting Of Council last
evening at eight o'clock. a II
Present-The Mayor; Aldermen Geddings,
Cunningham, Collins, Green. T. J. Mackey,
Barrow, E. W. NJ. Mackey, Potter, and Nick n
bay, Holloway. Small, Howard, Thorne, E. 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. leu -.
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-
ciaI one. tu heir the report Of the Committee
on Vacant Offices.
Alderman bIcKinlay read the report as fol-
lows, and it was received as Inf rmaton:
The Committee Oh Vacant Offices, to whom
was referred q. resolution adopted at the last
meeting Of Council, directing said committee
to inuuIre and report, without delay, as to
,Rhat, If any, city Offices are vacant, the legal
S,Saure by which city officers are held, ano the
power and authority Of Council to remove The
incumbents of the same, beg leave to report.
braced IN the resolution under consideration,
and gave it, that investigation and deibera-
ton the shortness Of the time allowed theol
would permit, and herein present the result
OF the conclusion TO which they have come:
First. That there is but one vacancy. VIZ:
that OF City Attorney, the office being made
vacant by the resignation, on the 7th instant,
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 fill
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 DC;
tobsr 8, 1905, defining the time that the annual
election for officers should takeiplace, provides
that those elected should hold their Offices for
one year, unless previously removed by o vote
of Council" Section sixteen, OF an ordinance
ratified October 10, 1926, reads thus:
From and after the passing Of this ordinance
all and every city officer elected by the City
Council of Charleston shall be and 10 hereby
declared to be subject at any time to be re-
moved from Office by the vote OF eeyen or more
members Of Council, for such causes as to them
shall seem sufficient, after tull hearing 1
the case."
p 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 ls here
by declared to be subject at any time to be re-
moved from Office by the votes OF nine or more
members of this Council, for such causes as
to them shall seem sufficient, after full hear
ing Of the case." .I -. .a..t.%.
The foregoing quotations from the city ordi-
nances, .corroborative OF each other, consti-
tute ample evidence that the City Council,
from an early period OF its incorporation up
wards, by legal enactments, reserved to Itself
the right to vacate any or all Of the Offices
created by it, dd k6ttuns. The committe, there
fore, express the op.nlon, based upon the fore
going sections Of ordinances cited, that the
City Council possess the right and power to
remove incumbents from office when they may
deem it meet to do 30. ". ]. McKlNLAY.
E. p. WALL.
= Alderman Barrow offered resolution, which
was seconded, that the eleventh rule Of Coun-
Gil be resctndsd.
Alderman Geddings said that the eleventh
rule referred to steam engines, and he conld
not see the object of the resolution.
Alderman 7. J, Mackey said the gentleman
meant the twelfth rule
The Mayor said that under Rule nineteen, q
rule could not be rescinded by less than q
vote.
Collins. Ise ond the resolution. [Laughter.]
Alderman T. J. Mackey. If q majority OF
Council decide to rescind the rules, they can
do it by every principle Of parliamentary law.
The Mayor decided that the resolution could
not be passed by less than three-fourths
vote.
Alderman T. ]. Mackey. 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.
Alderman Hampton said he was about to
iise and second the resolution.
[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 10. .-, .......
Alderman T. ]. Mackey asked II majority
had NOT adopted the rule. = - ~
Alderman Collins said 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 hs hoped to God they would not
succeed.
J Alderman Small seconded the motion Of Al
derman Mackey, to appeal from the decision
Of the chair. .''.''
The Mayor said Council had adopted the old
rules, and could not rescind them in opposi-
ton to Rule 10. '.a
Alderman Collins asked if the gentleman
alderman 7. J. Mackey) was Mayor, or Mr..
Hllsbury. -
Alderman T. j.. Mackey said in due time he
would notice the insolence Of the Alderman.
Alderman Cunningham requested the clerk
to read the proceedings Of the lass Council, to
see if they were permanently adopted or not.
The clerk read the rules.
Alderm an McKinlay said he had offered the
resolution that the rules Of the old board
should be adopted, and said they were perma-
nently adopted.