The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-20
THE CONTESTED ELECTION.

Since the beginning of the contest between the
Mayor and Aldermen Of Charleston and the Pillsbury
party, who claim to have been elected at the No
vember elections, the public have become familiar
with the ordinary course of legal proceedings and
the ere is scarcely colored man in town who does not
know that writ of ma damus means GET OUT and
that writ Of quo warranto means WHAT RIGHT
HAVE YOU TO STAY The interest in the result OF
this contest is ense, and at ten o'clock yesterday
morning the courtroom of the Circuit Court was hD-
ed with spectators.
The Acting Mayor and Aldermen we're represented
by the Hon. W D. Porter, City Attorney, Theo. G..
Barker, ESQ.,, and G. Richardson Miles, Esq; the
claimants being represented By the Hon. D. I. Cor
bin, United States District Attorney.
The return 10 the writ of mandamus was read.
The respondents say that they do not surrender
their oces because they are in possession of saio
Offices. having been admitted and sworn under ap-
pointments and elections duly made. and that the
M andamms is not the proper remedy; and furtner'
that by the acts of the present General Assembly
they are entitled and bound to continue in once
until their successors shall be elected and qua!lhed
according to law and that Gilbert Pilsbury and the
other petitioners have not been elected and qualified
--~''-
circumstances Of the election the contest tho ind
ing Of the Board Of Aldermen, and say emphahcaiy
that the validity Of the election OF Pillsbury and tie
other petitioners has been judicaly determined
| otherwise than by the Ac ing Board OF Aldermen;
| that the Supreme Court expressly declared thai
they did not mean to express any opinion as to the
rights of the petit oners to the Offices claimed by
them, and that the petitioners are entitled 20 have
the same determined by due process OF law. They
also say that they advised that the act to con-
firm and declare valid the recent municipal election
s contrary to the chartered rights OF the corporators
OF the city and also to the 18th, 14th and 26th sec
tions Of the first article Of the Constitution oft
State, and to the 2oth section Of article I'd of he
same, and to the Fourteenth amendment 10 the Con
stuion OF the United States In conclusion, the res
pondents admt the demand Of Pillsbury and
the other petitioners for the Offices and
properties of the siy but say "that the petitioners
were not duly elected and qualified, and have nc
right or title thereto; and that inasnuch as the re
spondents ha e been admitted sworn, and are actu
ay in possession Of their several respective offices
the proceeding by mdndamusls Is not the proper re
medy for the petitioners, and they pray that tn
same be quashed." Signed by G. W. Clark, Mayor
and Aldermen Geddings. Potter, Lindstrom, Deresf
Cade, Olney, Honour, Walden, Marshall and Voigt
The pleas to the writ OF quo warranto are to tn
effect that proceedings under writ of quo '0arra"t
were depending in the Supreme Court at the time
fling the information and issuing the rule in thi
case, and that the information should be quashed
The counsel state the fact that all the Aldermen wer
appointed by General Candy, save Messrs. Honour
whilden and Olney, who were duly elected In 1866
and that they are bound under the city charter an
the acts of the present General Assembly TO hol
their Offices until those offices are filed by the cleo
ton and qualification Of their successors, and tina
no successors have so been elected and qualified
They admit that the demand was made by Pillsbur
and others for the ofices and tho property belong
| ing to them and that they did not surrender tn
same because the claimants have not been duly elect
ed and qualified, and are not Mayor and Aldermen
of Charleston. The plea is signed by the Bon W
D. Porter. G. B. Miles, Esq, and Iheo. G. Barker
ESQ, counsel for defendants
After the reading of the returns, Mr. Corbin sal
that in view Of the issues and questions brough
up in the returns, he would ask q postponement O
tho hearing of toe care for few hours.
Judge Carpenter then postponed the further heal
ing of the case to this morning.