The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-10-19
TIE TRIAL oFTHE CITY OFFICERS.
a DlsGRAcEFuL TRICK OF COUNCIL.
The Aldcrrnnnic Ring I'm Secret Session
the Accuscd-hIanly Protest of Mcssrs.
Miles & Willsinson-An Aldcrn N
Badly Snubbed.

An adjourned meeting of the City Council was
held last evening for the purpose OF hearing
the charges preferred by Council against Mr. O.
N. AyerilI, Flour Inspector, and Mr.. Il. C.Guerry
City Sheriff.
At halfpast O'Clock the Mayor took his seat
The Clerk then called the roll and the following
answercd Aldermen 4. j. and E. w. II. Mackey
Greene, Geddlngs, Cunningham, Barrow, yoigt,
Collins, Potter, white; f.. p. and L. r. Wall
Brown, Hampton, Small, IcKinlay, colored.
Council was then called to order.
Among those present were eX-Mayor Clark,
and Parker Pillsbury, tbrother Of the Mayor,l who
is OF the opinion that "thc ballot may be the one
thing necdful for the negroes; but It seemed to
him that soap, sand, flne-tooth combs, pots, kct.
ties, chairs, tables, Knives forks spoons decent
food, cooking and clothing glass windows, aud
even looking glasses, should ut least go side by
side, II they may not prccedc tue rights or suf-
fragc and sovereignty"
THE FLOUR INSPECTOR.
Alderman Mackcy said the clerk had exhibited
to him plea filed by counsel for the accused to
the jurisdiction OF Council In the case OF Mr..
Arerill, and requested that It be read.
Mr. Miles then read the plea, which denied that
Council had the right TO try Mr.. Averill, because
he was State and not q city onlccr.
Alderman T. ]. Mackey sad that on the part of
the managers and OF Council lie denied the plea
In toto, and proposed to waive the charges and
specifications OF "lncompetcncy" and "ogIclal
misconduct" preferred against the Flour Inspect.
or. lie then requested TINT Mr.. Averin should
appear and make his statement.
Mr.. Niles contended that Mr.. AycrIll was not
before the Council until his plea was overruled.
Alderman T. J. Mackey moved that The plea be
overruled.
Alderman l.. +. Wall seconded the motion.
Alderman T. J. Mackcy said he would now pre-
sent testimony to show that Mr.. Avcrill was not
now, nor never was. Flour Inspector; that he
was neither an officer OF the city nor OF the State.
Mr.. Miles denied tho right OF the Alderman to
withdraw tile charges. II Mr.. AverIll Is not Flour
Inspector he said, what right has Council to pre-
fer charges against him. How dare IL to drag a
citizen heref am prepared to show that If Mr.
Avcrll wns not the Flour Inspector OF the CITY, he
is now, under the resolution OF this body adopted
at the meeting when the charges were preferred
Alderman T. ]. Mackcy interrupted the speaker,
and moved that Council retire to deliberate
coRBIN WANTED.
Alderman Cunningham moved that the City At
torney be sent for, saying that there were great
many matters brought forward that the members
did not understand.
forward do not appertain to the City Attorney.
The fact OF the matter Is VIC have had too much of
the City Attorney. He has been the cause OF all
our trouble. Had he attended to his business,
when the case OF Mr.. Caulfeld was before Judge
Moses, we wouldinot now be here.
Alderman Geddings called Alderman MacEey to
order after that worthy sat down. ,...,,., ~
Alderman L. F. Wall called Alderman Gcddlngs
s9Aiderman BARROW was of the opinion that Al.
herman T. ]. Mnckey should .speak until dooms-
day II he desired to do so.
Alderman E. W. N. Mackcy moved TINT the mo-
tion for Council to retire be put, Which was done,
and two Aldermen voted In favor, and hone in
opposition to the motion.
Council then retired to the Mayors Office.
After Council retired the City Attorney was
sent for and gave his opinion about things.
After remaining out three. quarters Of an hour,
Council returned to the chamber
b. The Mayor then read the following: f
A. Wnereas, % UpSn . examination, It appears that
Flour Inspector on or about the Goth day OF Decem
ber, 1888, has failed to give bond as provided for
In section OF an "Act to provide for the inspec-
tion Of nour," passed December goth, 1850; be 1t,
Resolyed, That the charges against the said C.
N. Avcrill be and the same are hereby withdrawn,
the said c. N Averil not being Flour Inspector for
the Parishes OF st. Philip and st. Michael, Us here
toforc alleged, and the managers on behalf OF
Council In this case are hereby discharged.
On concluding the reading, the Mayor said the
resolutions had been ratified by large majority
Of the members.
Mr.. Miles said the resolutions embodied what
was not fact-Mr. Averill was the Flour Inspcc-
tor; the resolutions were intended so far as Coun-
Gil could do 1t, to deprive Mr.. Averir OF the Office
OF Flour Inspector. The action was not legal he
contended, and read the law regulating the trial
OF officers. Mr. Niles made O lengthy and strong
argument and boldly denounced the action Of
Council as Illegal in the extreme; thar the MEM
bers, by their action, Ind deprived his client OF
his office and rights without a hearing.
Alderman Mackey then presented the bonds
given by Mr.. Averill to the city, as Flour Inspect
or, and asserted that the law required that the
Flour Inspector ehould give bond to the State,
while he had given bond to the oily, which was
no bond at oil; that his predecessors had given
bonds TO the State; that the reason OF the with.
drawing OF the chargest in secret session was be-.
cause the members found that Mr.. Averili was
not Flour Inspector, or because no had never com.
piled with the requirements OF the law. In con-
Guiding his remarks, he offered the following pre-
amble and resolution:
Whereas, THO oflco OF Flour Inspector for tho
Parishes OF ST. Philip and st. Michael is now
to the statute and under the provisions OF Section
12 OF tho ordinance entitled 'An Ordinance req.
uiatlng the appointment and duties OF, CITY OF
fcers,n ratified October II, 1905.
Resoioed, That the Council will proceed to On
election for ON Inspector. OF Flour on Tomorrow
evening, the 10th Instant. ~
Alderman Barrow seconded the resolution.
Mr.. Wilkinson rose to speak, but was interrupt
ed by Alderman E. W. NJ. Mackey, who desired TO
know II the members were In session Ms O court
or as C0uncils r r,
The Mayor said that they were In scssIonas the
City Council. ..
Mr. Wilkinson arose several times to speak, but
was called to order by Alderman Barrow. Finally
he said he was therc In the Council Chamber as q
citizen OF South Carolina as wen as counsel for
Ar. Averill.. He demanded that Council should
hear him as citizen, II not as counsel for tho &c
cused; he didn't intend to be throttlcl by one
member, and would move that vote be taken by
Council whether or not he should be heard
Alderman Barrow commenced to call the speak.