The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-10-20

Mackey, Voigt Barrow, Potter, Collins, Green,
Geddlngs, Cunningham, white, Howard Z. +. ana
]. r. Wall, Hampton, Holloway, McKinlay, small
colored. -
Council was then called to order.
The reading OF the minutes was dispensed
with. -.
Petition of Alexander Josephs, to keep JUNK
shop. was referred to Committee on Licenses.
petiton or Geo. Little, Ed. Wilkinson and other
street Isborers asking for an increase Oh pay was
read.
Arter considerable discussion and number OF
amendments Alderman T. J. MacKey onereu
resolution providing that the laborers anu lore
men be paid 81 80 per day.
Alderman E. P. wall moved that the foremen
receive 81 rs per day.
Alderman Mackey accepted the amendment
and the resolution was adopted as amenced.
petition OF Marion Fire Engine Company Tor q
1nan OF two hundred dollars, was referred 10
Committee on Fire Department.
petition of John Cook for transfer Of liquor
license. was referred to Committee on Licenses.
Petition OF residents OF Prices Alley Tor gas
lamps was referred to Committee on Lighting
Streets.
Petition OF Robert Turner for license 10 retan
liouors. was referred to Committee on Licenses.
Petition Of Collins & Morse for license to per-
form during the season, was referred 70 COMMIT
tee on Licenses.
Petition of J. Trieste, for license 10 retaii IL
uuors, was referred to Committee on Licenses.
Petition Of Catherine Barden, to keep JUNK
shop, was referred to Committee on Licenses
petition OF Comet Fire Company, for the pur-
chase Of City Engine No. s, now in their posses
zion. was referred to Committee on Fire Oepart-
ment.
Petition of John Parker, Of Mills House, for IL
uaor license, was referred to Committee on Ii
censes.
petition OF ]. Ardwink, for license to carry on
the business Of scissors grinding, was' on motion
- OF Alderman Mackey, granted.
Petition Of W. II. Mishaw, In behalf OF star FIRE
Company, for use Of No. engine house, was re-
ferred to Committee on Fire Department. Win
poyer TO act.
petition Of W. P. Russell to erect three story
,iys,st,er, building was referred to Committee on
Buildings.
petition OF Captain h. W. Hendricks, asking
{ +nat nvercoats be furnished to the policemen,
was read. 80 49,
alderman T. j. Mackey said that the old over
.eoats were not comfortable enough even for the
nolicernen TO sleep upon their posts with, and
tnerefore moved that the Mayor be authorized to
contract for seventy-hve overcoats, at a cost not
10 oexceed what has been heretofore PAID.
-, fOn motion of E. W. n Mackey, the whole mat
TOR was referred to a special committee-Mayor,
E.W. M. Mackey, Howard and Greene, commit
tee X ,zs9a
z Petition OF II. B. Wilbur was reierreo " ooin
mittee on Assessment. ~
petition OF Joseph Hilton and others, esKlng
that lamps be placedi In Queen, between King and
Meeting streets was referred to Committee on
Lighting Streets.
Petition Of Etna Fire Company was referred 10
Committee on Lighting Streets.
10. REPORTS
the report Of the Chief Of Police published else
where, was presented, and, without reading
was ordered to be printed.
The report Of the Harbormaster, showing that
sMs had been received as harb0r dues for the
month OF September was read. The Harbormaster
reouested advice of Council in regard to an
npinton efyen to him by the City Attorney
Some or the Aldermen moved that the subject
be referred to committee.
Alderman Mackey said he understood that D..
It. Corbin had given an opinion to the Haroor-
master, which, II he o5eyed, would cause loss OF
$4,000 per year to the city; and he moved that the
opinion be read.
The motion was carried, and the opinion read.
1t Is as folIows:
OFFICE OF CITY ATTORNEY,
CHARLESTON, s. c., october II, 1862 -
G. B. Stcddard, Esq, HdroornasteT, Charteston'
srSEYour comrsnnication of the sth instant in
which you inquire my opinion as to the leganty OF
collecting arboE ees OF ysse1s ~ zaceved
think the practice Of collecting harDormas-
ters fees Is contrary to the ruling OF the supreme
Court OF the United States in the case q stea.ml-
A. Was held that statute OF State enacting that
the masters and wardens Of port within IL
should be entitled to demand and receive, IN az AZ
dtion to other fees, the sum OF ve dollars, Wnetn-
er called on to perform any service or not, Tor
every vessel arriving In that port, Is regulatlon
ON commerce within the meaning OF the constl-
tuition, and also duty on tonnage, auu ID uneon-
stitutional and void. ..o.
II YOU have reference TO the harbormaster ices
az fxed by the ordinance Of May l7th, 1S4l, oy
yhich il i provided that Ill vessels OF the United
States. &C.. which shall, from and after the pas.
sage Of this ordinance, arrive at the Port OF
Charleston and come to anchor within any part
OF the harbor within one mile OF the CITY, &C,
snail nav to the harbormaster, every voyage, one
cent and halfper ton, according to the vessels
register or papers, and other ordinances by whicn
Itone cent? and "three cents" per ton are colect-
ed then advise you the collection Is Illegal lot
the reasons stated above, and should not be in
Very respectfully, your obedient servant
Icionedl d. T. CORBIN,
City Attorney.
After the reading, Alderman Mackey made
some remarks, and moved that the Harbormas-
ter be instructed to collect the dues upon the
tonnage OF vessels until otherwise ordered by the
courts.
Alderman Barrow seconded the motion, and
said he was surprised that the man whom Councl
had elected as its attorney should have written
such an opinion. A blind man could see no"
clear the law was upon the matter OF the dues
npon tonnage
The motion was then carried unanimously
Alderman Greene, from the Committee on Ii
,censes reported favorably upon the petitions OF
Il. Gotschen, James Gallagher, W. E. often, p
McAnnally and Anna Stent. The report was ac-
cepted.
Alderman Geddings, from the Committee on
Hospitals, reported that the price for fitting up
the house at Pottershed would not cost more
fhan s76, and recommendedthat it be fitted up
at once! The report was accepted.
Alderman Geddings reported that six parties
had sent In plans and specifications for the repair
of the stonewan Engine House. The amounts