The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-01-30

the result Of the ballottings according to the
returns ofthe managers, and states express
ly, that the said election was contested for
illegality. The declaration made by the
board is, therefore, no declaration of legal
choice. r.
Says Mr. Corbin: "The act says they shall
"declare the election, and their decision
"shall be binding" And here is the cloven
foot OF this whole deviltry. The act says
the case shall be investigated. What case {?
The question of the legality Of the conduct
of the managers and of the majorities as
contested. 'And their decision shall be
"binding." What decision? Plain common
sense replies: The decision for or against
the election. II against, they shall declare
that there has been no election. If for the
claimants, then, and then only, shall they
declare the parties duly elected.
Says Mr.. Corbin: "The Supreme Court
"has said that was equivalent to saying that
''these persons were duly elected The
Supreme Court expressly said,,' that in pro-
nounoiDg the certificate of the board sufi- :
oient, and in refusing the motion for at
taohment for contempt, the court does-not
intend to intimate any opinion as to the
claim Of Pillsbury by quo sOarranto, nor as
to the right of the City Council.
+ Says Mr.. Corbin: ssThey reply, notwith-
"standing we declare you are elected, we
"refuse to give you the Offices" This is
untrue; the board have always refused to
declare Pillsbury and his ticket "elected,'
that is, chosen according to law.
Mr.. Corbin admits: "We have cot again
"to appeal to the courts" Shall the legis-
lative department violate the State Consti
tuition and invade the province of the Judi
oial department for the sake of Pillsbury
and his faction? No true patriot, no digni-
fed lawyer, no good citizen would propose
such thing. Shall senator be allowed
to carry such measure through the Legis-
lature?
Says Mr.. Corbin: sThere is no doubt
'whatever but that the claimants were
elected" Let him prove it. "The Board
"of Aldermen settled that question" So
they did; but against the claimants.
''But the Legislature is in session, and
"can say, according to law, these claimants
"are entitled to their SEATS" Mr.. Corbin
well knows that the Legislature has no
power, according to law, to say this thing.
II they do, they assume the judicial power
vested in the courts, and violate the Consti-
tuition of the State.
Mr. Gorhin I'M do ~ Oh nc a. sl
for his bill, and quotes the act of the Gene
raj Assembly Of 1866, entitled can act to
"declare valid the recent election of Inten- |
"dant and Wardens in the Town Of Tim
In the Timmonsville election there was
40 question made as to the legality of the
conduct of the managers; there was no con-
est of the majorities; there was no conflict
ng claim of right; there were no illegali-
les in the conduct of the election which |
7itiated the election. There was, merely,
\ technical Raw in the law under which the
election was held, which rendered the cleo
ion Of doubtful authority. It was fully
'asus on'issus and to remedy the technical
lefeot; but it would not have been compe-
ent for the Legislature to put candidates
a ONCE vino had not been chosen by the
people of Timmonsville, nor could ssthat
wise Legislature" which preceded the
new days in which" |" says Mr.. Corbin, eve
live," have been persuaded to do so iniqui-
GUS a thing.
Says Mr.. Corbin: "We want to deprive
'the Acting Board of Aldermen of their ILL
gotten positions" Does Mr.. Corbin re-
member that almost ali of these positions
we're gotten as Republican appointments
,nder the Reconstruction laws?
Mr.. Corbin quotes the case Of Tompkins,
from Edgefeld: ''That the end of popular
elections is to discover which of the candi-
dates has the greatest number Of votes
from amsng the qualified voters" Has
his end been attained in the Pillsbury case?
las Pillsbury been shown to have reaeivad
he greatest number of legal votes from
'mong the quali6ed voters? He did not
'eceive single legal vote from among the
,uaIifed voters. The Acting Board Of AL
lermea have SO decided, and sstheir decis-
ion" (uot Mr.. Corbin's), the act says,
shall be binding upon the parties
G9 Rent.