The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-07-23

seshe ana HJslss 90 Chses yustscs 1zoses.
Messfs. Lasesne and Miles. cotinsel for
Messrs. Hughes, Assessor; Erazar, As.
sistant-Assessor, nne... - 81. a.
have addressed the follosing ietter %
Chief Justice Moses: s 4 ~, ss,'5s 3
CHARnasFoS July see; 1885,. 9
Hon. F. j. Moses, ChSef .1lsstcs otf 1SSout:
Carolina, Sumter, ,G G: .5,s',s "
DEARSm: The City Council OF Charles
ton having recently held an election for
all city officers. we were retained BY w.
N. Huges, the Assessor; g. Frazer,
the Assistant Assessor; p. G, Query, the
Sheriff; @. N. Averill, the Flour Inspec.
tor, and some other officers, to advise
them as to their rights and duties. After
examination of the cases, we came to
the conclusion that the above named
officers had been elected to their respec.
tive offices for terms which have not vet
expired, and that their removal by the
City Council, without cause or hearing.
was illegal, and we accordingly advised
them not to surrender their offices to
those claiming TO be their SUCCESSORS un-
til the question of their right had been
determined by judicial authority. On
the 9th day of July, instant, the Council
passed resolutions, directing the Mayor
to expel the city officers claiming to hold,
and to employ the police for this pur-
pose. On the 18th instant, we addressed
a communication to Hon, G.. Pillsbury,
Mayor, notifying him Of the advice we
had. given to our clients, and that as citi-
zens. they claimed the protection of the
law in the vindication of what we be-
lieved to be their rights, and they ex-
pected his official assistance to that end.
We also stated that we had advised our
clients that the resolutions of Council
would not constitute valid protection
to any city officer for any forcible or ille-
gal act, and that we would advise them
as to the course to be pursued to protect
themselves again st force, adding that we
hoped to have from him such assistance
that no violence would be resorted to
with his sanction, as will make it un-
necessary to invoke the protection of the
law against him. 10 this communica-
ton, we have received no reply.
On the 18th and 10th instants, the
Mayor made q written demand on the
Assessor, Assistant-Assessor and Sheriff
to deliver possession of their offices to
their successors. To these communica-
tions we replied, repeating that these
officers were acting under our advice,
and could not desist from the fperform-
ance of the duties of their Offices until
commanded to do so by the law. No
further communication was received by
any of these officers.
On Saturday, the 17th instant, Judge
Carpenter sailed for New York. On this
(Monday) morning the City Assessor,
Mr.. Hughes, the Assistant Assessor, Mr..
Frazer, and the Sheriff, Mr.. Query, on
going to their respective offices, found
them open and in possession of those
claiming to be their successors-a police
man stationed Mt each door-who said he
was instructed to forbid and prevent
their entrance. Upon inquiry of the
Chief of Police, they were informed that
this action had been taken under the or.
ders of the Mayor. The doors OF the
Offices had been locked on Saturday, and
the keys were in possession of the
officers; the locks must therefore, have
been forced or picked. Each of the
officers had private desks and property
in their Offices.
We have advised our clients that it is
clearly their right to be restored to the
possession which has been taken from
them by force and fraud, and that those
claiming the Offices can then assert their
rights to possession through the courts;
but that they will not be allowed to take
advantage of their own wrong and vio-
lence, to prejudice the rights of the in
cumbents.
But this force and violence was not re-
sorted to until our resident Judge had
gone away, so that our clients must seek
Judge to whom they can apply for the
protection of the law. They are all men
of slender means, and the expense and
delay Of such an application is so far be-
yonf them, that it would amount to q
denial of justice. In addition to this, it
would be much more difficult, if not i'm
possible, to fairly hear such cause away
from Charleston, where oil the parties,
witnesses and records, which it may be
necessary to examine, during the pro-
gress of the cause, are.
Under these circumstances, we have
determined to apply to you, the highest
judicial officer of the State, for the hear
ing of our case, and the granting of the