The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-05-03
THE END or THE CONTESTED ELEC-
TON
Judge Carpenter Decides against Clark
-Pnishury TO bc Seated To-day.

Judge Carpenter Decides a&a1nst clark
-Phishury TO bo Seated To-day
On Saturday morning Judge Carpenter de-
liyered his opinion in the contested election
case between Acting Mayor Clark and the
present Aldermen, and Mr.. Pillsbury and his
Aldermen. Judge Carpenter reviews the whole
case and argues it in an able manner, citing
authorities in support of the position which he
takes. The following extract, which forms
the conclusion OF the opinion, is ali that the
general reader will care to see:
The line Of distinction, running through all
the authorities, ia between pubt1c and aoriodte
corporations. Over the former the legislative
control is supreme, while it is not so over the
ter Of private corporation constitutes O con-
troll between it and the government. .and vested
rights acquired under the act of incorporation
are are as m sacred as private rights vested by any
rights OF property in a municipal corporations;
because to the extent that such legal rights
have become vested under the charter they
placed upon the same footing. Hence the
Legislature could not require the property Of
the city to be sold and the proceeds paid into
the public treasury, for the reasons that con-
tracts have been made, debts contracted, pro-
perty purchased for specific public uses, and
these among others have become vested rights
under the charter.
the charter. It makes an election regular and
valid which was before irregular and defective.
The State government had constituted certain
persons it's political agents to conduct the
election; they conducted it in an irregular and
illegal manner. The conditions upon which it
should have been held we're prescribed by the
political powers Of the State; the same powers
might have neglected to require the perform
ance Of those conditions before the election,
had right to waive them afterwards, Deem
ed it expedient to do so, and did make it valid
and legal.
The power conceded, the expediency and
proprlety Of the measure, are considerations
exclusively for the Legislature. The statute is
unambiRuous, it's language explicit; the law
mas sPoken, and 1T becomes my imperative duty
so 10 decide.
According to the views have taken Of the
case, the first and fifth pleas are bad in law,
though true in TACT, and Che issues joined are
to the second, third and fourth pleas, and over
ruled as to the sixth plea. The relator will
have leave to replead rs to the first and fifth
pleas, and upon doing so in proper manner,
judgment Of custer will be rendered againat
the respondents.
L am not insensible to the magnitude of the
questions discussed and decided. Financial and
commercial interests, Of vast Importance, have
been enlisted; party feeling, passion and pre-
iudice invoked; but however desirable it may
Pc M to foster the former, and curb the latter.
they are matters with which, as o Judge, have
no concern. It is not my province to declare
an act of the political departments void unless
it is 80 beyond reasonable doubt He must
be bold man who would affirm that this act
alton OF the authorities. am not that man.
Fully aware of the public interest felt in this
case. have given it the most careful and anx-
ious investigation, and honestly and firmly re-
y upon the accuracy OF my conclusions. re-
Hect with satlsfac ton upon the fact that this
decision is not final. and that II am in error
the more mature judgment of tue Supreme
Court affords an ample correction. And
should that court arrive at different con-
cluslOn from my own, it will be nv duty and
pleasure to execute the law as expounded by
the highest judicial tribunal in the State.
BY this 1t will be seen that Judge Carpenter
decides unequivocally that Mr.~Pillsbury and
his Aldermen are entitled to their Offices under
act Of the Legislature Of March 1, 1862 Some
amendments to the pleadings of the REALTORS
were ordered before the final judgment of GUST
er was pronounced. AS soon as they were
made by the counsel, the writ was issued and
served on the Mayor and Aldermen individu-
ally. The writ in the usual form requires them
to vacate upon pain Of a taohment for contempt
OF court, and to deliver up to the claimants
their o1hces, Win tnelr Dv,A4. ,anaro ora a.,
purtenances.
Mr.. Pinshury, soon after the service Of the
writ, addressed Mayor CLARK letter, demand.
ing possession Of the Office. Mayor Clark re-
piled, that after considering the communica-
tion he would say, ''that whilst it was his de-
sire to Bold on Tuesday evening next one more
meeting OF Council, in order to close up some
unfinished business. still, as it was Mr.. Pills.
bury desire, he would be ready to turn over at
IL meridian. on Monday (to-day,) the possess
sion Of the Mayoralty in accordance with the
result OF the law
The acting Mayor and the Mayor elect and
some others repaired to the Attorney-Gene
rails office in the Courthouse, where the out
going and the incoming bnried the hatchet by
shaking hands and vowing etaInal friendship.
Perhaps in consequence Of it not being gene.
rally known there were fewer OF the faithful than
is usual on such momentous occ asions Rath.
cred around the temple of justice, and these
were in no wise enthusiastic. OF course the
dusky face cf Ethiopia was lit up with smile.
and the features Of the Caucasian tinged with
q more cerulsan hue; but beyond these slight
evidences Of satisfaction and annoyance, the
occasion was unmarked by incident. lra:.,
To-day, at IL NJ, MIR. Pillsbury and his
Aldermen will be sworn into Office. at the CITY
Hall. Tonight there will be; gathering Of
The friends Of the Mayor elect In front or his
residence, In Doug ughty-street, to- compliment
him with serenade !; beyond this no other
is expected to take place.
AS far as the present city officials are cor
cerned, there win be o clean sweep. and many
baskets Of official heads will be gathered ere
many days. The slate has not been definitely
announced, but rumor has Major Willoughby
for chief Of police; Daley and Taft, lieutenants;
lhley, orderly sergeant, aud dominoes for pri-
Yates. General j. B. Dennis. tor city treasu-
rer; !. J. Mackey, city inspector; w. B. Etter,
clerk Of council. .,l . .'-
In the community the decision of the case
has created no outward stir whatever. City
stock. however, was duh and may temporarily
decline. ft1
REDUCTION OF FARE.--W We learn, that the fare
- the Steamer Eliot Boy TO 5avannan, via
Beaufort and Hilton Haad il,as l,aa., ..ai..a..a,