The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-02-12

c., FRIDAY MORNING
| but commanded the Board of Aldermen to de-
clare the electio /. The court could not say
this or that man was elected but they had the
mower to say to rnbhc officers go on and do
your duty as the law requires. The board
| made declaration, in obedience to the writ OF
,nnndaD,us. AMI declared who had received the
highest number OF votes, and the constitution
says the party receiving the highest number OF
votes is elected. o..,,
that the Illegalities complained of in this cleo
| tIon ara simply ,nforraallties. They do not
tonch the substance of the election or effect it's
results. and they are such omissions as are
| likely to happon In the conduct of any election.
1t now remains to inquire whether the General
Assem- bly, will not in view OF all the crcumstenc-
es, pass an act OF oblivion and put an END 70
the strife. The Supreme Couse or mas as vrSuaty
settled the law of tho cage, when tney say TO
| the Board OF Aldermen, "You have certified an
| Insufficient cause for setting aside the ele3.
| tion.n The informalities complained or werc
| all set forth in general terms III the return or
the Acting Board Of Aldermen to the a-
tentative writ Of nl1nddmus. The court noe
essarily considered the same, and II they had
heen such as to make the election void the
n,remptory writ could never have been grant
| Ell The return of the Mayor and Aldermen,
made on the Goth of January to the Supreme
Court, which declared the result OF the elec-
ton, was a decision, and that decision the
act itself, un Ter which they we're proceeding,
declares shall be binding uron all parties.
J We simply ask tho Legislature now 10 enforce
| fore this General Assembly, but the law has
worked out this result. We have declaration
of the election, and yet the Acting Mayor and
Aldermen of the City OF Charleston refuse to
| carry it into execution. do not desire to re-
| peat what have already on previous occa-
sions SAID on this question: nave snown on
previous occasion that this propos sed act ls
nothing new under the sun. But the history
of lcpIslation IN South Carolina is full of ex
ompi.s like this. have already called your
attention 10 the fact that in 1918 the Leglsla-
ture validated the election and ordinances
OF the City of Charleston Tor ten years;
also that in 1866 tho Legislature validated
same TO be as valid as though held at the time
nnd under the provisions OF existing laws. /
row call YOUR attention to the fLct that the
snecial session Of the Legislature in 1866, by
similar acts. validated the elections at Mount
plelsant at Moul,risville, and at Darlington.
Tic General Assembly. also. IN 1871, validated
the election OF militia officers In the Counties
of Clarendon and Sumter. dneso D.. eiectlons ,sas
were not held at tue time nor IN the manner
urovid d for by law, yet the Legislature, in
consideration OF all the circumstances, We sup
nose exercising wise discretion, considered
il was best TO declare these elections valid
rather than to order new elections.
Thus it will be seen that We have numerous
precedents for this bill. l have cited but
few that are to be found In the statutes OF the
State, but sufficient cei talnly to SATISFY tne
Senate that this bill is not original with me,
or new to the people OF this State.
MIR. President. I as citizen OF Charleston
desire peace. The people OF Charleston desire
peace. This contest has already continued
too long, and with great danger to the pubic
peace. Business has been suspended; capl-
business has been paralyzed, and 1t is time
that there should bo an end OF strife. In view
of all these things, and i'll view Of the fa"t
that it is shown that there has been a legal
determination OF this clio ton, l call upon
the General Assembly to pass this b:ll.
Senator's Cain and Leslie followed in reply.
The question rccurred on agreeing 10 the
substitute offered by the senator from Barn
On motion Of Wright. tho substitute was or
dered to lie on the table.
Cain moved to substitute for tie preamble
and bill bill to enable the citizens of Charles
ton to hold au election for Mayor and Alder
men.
Mir. Leslio moved to lay the motion Of the
senator from Charleston on the table.
Cain called for the yeas and nays, which
were takon, aud resulted as follows
Yeas-Alien, Corbln. Dickson, Duncan,
Greene, Hoyt, Hayes, Hryne, Jillson, Leslie,
Luuney. Montgomery, Maxwell, Nash, Swalls
and Wright-16
Nays~Barber, Cain, Owens, Rainey, Reid,
Rodgers aud Wimbush-7
So the motion Of the senator from Charles
ton was ordered to lie on The table.
The question was taken on agreeing to the
preamble and decided in the affirmative.
The bill was then taken up by sections, and
after being amended, as stated in telegrams o
The NEWS, was pass ID by the following vote :
Yeas-Allen, Corbin, Dickson, Greene, HOY {,
Hayes, Hayne, 1ilison, Leslie. Lunney, Mont
gomery, Maxwell, Nash, Swails and Wright
Is. ,nr.
Nays-Barbor, Cain, Ovens, Reid and VIM
| bush-5.
Cain gave notice that he will enter protest
to be recorded in the journal against the pas
! sage Of the bill.
whom was referred the petition or the City
Council OF Charleston, praying the General
Assembly to validate an act providing for the
az ssessment and taxation of proi etty, rat lied
by the City Council on the 18th OF January,
1863, reported back the same, with a recon-
mondation that the prayer OF the petitioners
| be granted and accompanied by bill to au'
thoriz, the City Council OF Charleston to levy
certain taxes for the fiscal year. Jhe bill re-
| ceiYed its first reading, was ordered for Q
second reading and consideration tomorrow
| and to be printed.
There was little Of interest in the House
proceedings, beyond what has already beer
telegrlphel to The NHws.