The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-05-22
THE QUO wARRANTO CASE.
Alderman Greene Completes tho Doubt
fui AIdermanac TriO--Whnt was Done
i'm Court.


in the case of Alderman Barrow, is said to have
removed from tho ward which he was elected
TO represent the1 eby vacating his Office. This
writ was made returnable yesterday at 10 p
NJ, when Aldermen L. J. Maokey, Barrow aud
Greene appeared by counsel before Associate
Justice Willard.
When tho court was opened Tho relators were
represented by their counsel, B. c. Presley,
Esq., and Sam1 Lord, Esq. T. 3. King. Esq,
appeared for Alderman Greene, and Mr.. G. G.
Bowon for Aldermen Mackoy and Barrow.
Mr.. c. G. Rowen moved that II. L. Tharin,
ESQ.,, be admitted 70 practice il tho courts OF
the State, that he might appear as one Of the
counsel for Aldermen Mackey and Barrow.
Judge Willard decided that MIR. Tharin could
be admitted for This particular case, but not
for general practice; and Mr.. Tharin was ad-
mitted.
Mr.. Tharin then moved that the wits
against Aldermen Mackey and Barrow be dis
missed, for the Tollow1ng reasons:
1. The writ being issued against member
of parliamentary and legislative body which
has adopted the rules Of tho United States
House Of Representatives the question is
cordm Jusd6ce, because the City Council
only have che right to judge Of the qualif1ca-
tions Of their own members.
2. The Constitution of the State, adopted
March II, 1863 repcals the oct Of 1918, in Article
8, section 7. Tho residing in the ward is no
longer required.
3. The act OF March /, 1869, yalidifyne the
election, was all act passed under the const,-
tuition now Ill force, and hence applies to the
new tenure-of-oflice, having cured forever all
Irregularities ''aileged'' by the adherents to
the ancient tenure.
Mr.. PRESLEY said that these pleas should be
made the return Of the defendants. II this
were not done the defendants would by those
pleas be ablo to test tho feeling Of the court
on the main facts Of the case, and would, if the
court were against them, be able then to make
formal return to the writ, which would bo
equivalent TO having two trials Of the sub
stance OF the clse, and great disadvantage
to the REALTORS.
MIR. Tharin sai1 that the defendants did not
make q return to the writ, but pleaded to the
jurisdiction OF the court, which they had the
right to do. The City Couucil alone could de-
eide tho matter, for they were tho only judges
of the qualifications of Their members BY
them the question must be heard, adjudicated
| and finally determined, and to them it should
| havo been submitted.
Mr.. Presley explained the effect OF the pleas
out in by the defence, and cited authority to
prove that writ Of quo ,curamto could not be
dismissed or quashcd, no return to the viii
| having been made.
Judge Willard SAID that if the defendants
| were right, resolution of c. uncil or all ordi-
| nance Of Council would have the power to oust
q case from the highest court. in the State.
Mr.. Tharin said he was not prepared to show
yhat cto totu to Il ar.va
ty to determine the qualifications of it's mem.
bers. It had that power under the genera!
| law of the State, and of the United States;
| but he had not had time to find the particular
statute. Nor had he any authority to show
that the writ might be dismissed as O plea to
the jurisdiction Of the court.
Judge Willard said that he would hold to tho
authority eClted by the REALTORS, and ruled that
the respondents must make return to the
writ.
Mr.. Bowen asked that the case be continued
to Monday morning, to give the defendants
time to make their return.
Mr.. PRESLEY opposed this motion because
City Council was hurrying up matters in such
way as to make necessary speedy determi-
| nation Of the case if any good were to be ac-
complished by i5. Council was hol1ing night
ly sessions and reading bills three times at one
meeting. This might be right or wrong.
| Council might be doing good or harm. But as
persons who were believed to b, disqualified
| wero taking part in the proceedings and max
ing laws, it was absolutely necessary to have
| their right decided without delay. He was will
| ing to give the defendants Just as much time
as thoy desired, if they would not, pending
| the decision of the court, proceed to exercise
ia oxUv,iD D1o
| lied. But if the parties were resolved TO go
| on until stopped by the courts, there should be
| no postponement in the hearing OF the case
MI. Bowen. May it please your Honor. I
have seen the handwriting on the wall. When
the other side can'G get mon to vote as they
please they come in here, call them incom-
petent, and get out quo aparyanto. am
| not here to mako any agreement for City Coun-
| Gil. [ am here to defeud two mon against
whom charges have been Ina ade. AS for Council,
do not know ausht about it,
Mr.. Bowen spoke for some minutes, and
| when he had finished the court ordered that
| the further hearing of the case be continued
t, Monday morning next, at 10 A. NJ, when
| the returns in all three cases must be filed.
| NEW GEORGIA WHEAr.--Tho Augusta (Ga.)
Chtoh!cie ana Sehtlnel, Oh Yesterday, says:
Mr.. j. O. Mathowson, commission merchant
8 ut on Tuesday ono dozen heads OF ripo
wheat to MI. b. O. Morrison, Jr., produce and
commission merchant. Now York. The wheat
is OF the "Alhambrla'' variety, but is perhaps
better known here as the "YeIlow campus"
1t was raisod by Mr.. Seaborn ". Bush, who
resides near Sandersville, in Washington Coun-
| ty. luis wheat crop is nov ready for harvest
| ing. Wo undclstaNd that ii has been engaged
! bY Mr. Mathcwson, Who Wi ship it to New
York On receipt. We learn thai the who It
| crop OF Washington Couaty is very favorable.
|
| REPORTERS CRUMBS. Tho new store on East
! Bay, dlagonally opposite IHn NEWS Office,
materially improves the appearance OF the
Bay.
An exchange OF pulpts will be made on Sun.
! day morniog betMeon Nr. ". W. Hicks. Who