The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-10-19
THE TRIAL oFTHE CITY OFFICERS
A DIsGRAcEFUL TRICK OF COUNCIL.
The Aldermanic Ring I'm Secret Session
They Determine to Gag the Counsel for
the Accused-Manly Protest Of Messrs.
Miles s. Wilkinson-An Alderm "a 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.. G..
n. Averin, Flour Inspector, and Mr.. P. c. Guerry,
City Sheriff.
At half-past O'Clock the Mayor took his seat,
The Clerk then called the roll and the following
answered: Aldermen T. ]. and E. W. II. Mackey,
Greene, Geddings, Cunningham, Barrow, Voigt,
Collins Potter, white; E. p and L. F. Wall,
Brown, Hampton, Small, McKinlay, colored.
Council was then called to order.
Among those present were ex-Mayor Clark,
and Parker Pillsbury, (brother Of the Mayor) who
is Of the opinion that "the ballot may be the one
thing needful for the negroes; but 1t seemed TO
him that SOAP sand, fnetooth combs, pots, ket-
ties chairs, tables, knives, forks, spoons, decent
food, cooking and clothing, glass windows, and
even looking glasses, should at least go side by
side if they may not precede the rights OF sur
frage and sovereignty"
THE FLOUR INSPECTOR.
Alderman Mackey said the clerk had exhibited
to him plea fled by counsel for the accused to
the Jurisdiction of Council in the case Of Mr..
Averill, 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 O State and not city officer.
Alderman T. ]. Mackey said, that on the part OF
| the managers and Of Council he denied the plea
| in toto, and proposed to waive the charges and
specifications Of 'incompetency" and "ofllcial
misconduct" preferred against the Flour Inspect
or. He then requested that Mr.. Averi should
appear and make his statement.
Mr.. Miles contended that Mr.. Averill was not
before the Council until his plea was overruled.
Alderman T. J. Mackey moved that the plea be
overruled.
Alderman L. F. Wall seconded the motion.
Alderman T. ]. Mackey said he would now pre-
sent testimony to show that Mr.. Averill was not
now, nor never was Flour Inspector; that he
was neither an officer OF the city nor OF the State.
Mr. Miles denied the right Of the Alderman to
withdraw the charges. If Mr.. Averill is not Flour
Inspector, he said what right has Council to pre-
fer charges against him. How dare 1t to drag
citizen here9 am prepared to show that If Mr..
Averil was 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. J. Mackey 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.
Alderman 7. ]. Mackey. The matters brought
forward do not appertain to the City Attorney.
The fact OF the matter is we have had too much OF
the City Attorney. He has been the cause Of all
/ I,o 1aI IN 10 hncinaGQ
when the case OF Mr.. Caulfleld was before Judge
Moses. we would not now be here
Alderman Geddings called Alderman MacRey TO
order after that worthy sat down.
Alderman L. F. Wall called Alderman Geddings
to order.
| Alderman Barrow was OF the opinion that Al
derman T. ]. Mackey should speak until dooms-
day If he desired to do SO.
Alderman E. W. NJ. MacEey moved that the mo-
tion for Council to retire be put, which was DONE
and two Aldermen voted In favor, and none 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.
Whereas, Upon examination, 1t appears that
Mr. C. N Averill, who was elected to the office OF
Flour Inspector on or about the Goth day OF Decem
ber, 1868, has failed to give bond as provided Tor
In section Of an "Act to provide Tor the lnspec-
tiOn OF -four" passed December 2Otl, looV, pe H.
| therefore, p
Resolred, That the charges against the said c.
| n Ayerll be and the same are hereby withdrawn,
the Parishes OF ST. Philip and st. Michael as here
tofore 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 Inspec-
tor; the resolutions were intended so far as Coun
Gil could do it, to deprive Mr.. Averill OF the office
OF Flour Inspector. The action was not legal he
| contended, and read the law regulating the trial
Of officers. Mr. Miles made lengthy and strong
argument, and boldly denounced the action of
Council as illegal in the extreme that the men,
bers, by their action, had deprived his client OF
his office and rights without 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 should give bond to the State,
while he had given bond to the city, which was
| no bond at oil; that his predecessors had given
bonds to the State; that the reason OF the with
drawing OF the charges in secret session was be-
cause the members found that Mr.. Ayerill was
not Flour Inspector, or because he had never COM
piled with the requirements OF the law. In con-
cludng his remarks, he offered the following pre-
amble and resolution:
Whereas, The office of Flour Inspector for the
Parishes OF st. Philip and st. Michael Is now
| vacant the same having been forfeited agreeably
to the statute and under the provisions OF Section
II of the ordinance entitled IAN Ordinance reg
ulating the appointment and duties OF city Of
ncers,n ratified October II, 1906.
ReSOlred, That the Council will proceed to an
election for an Inspector of Flour OIL tomorrow
evening, the 10Th instant.
Alderman Barrow seconded the resolution.
Mr.. Wilkinson rose to speak, but was interrupt
cd by alderman L. W. VI. Mackey, who des red to
know if the members were in session as Il court
or as Council:
The Mayor said that they were in session as the
City Council.
Mr. Wilkinson arose several times to speak. but
was called to order by Alderman Barrow. Finally
he said he was there in the Council Chamber Il
citizen Of South Carolina US well as counsel for
Mr.. Ayerill. lie demanded that Council should
hear him us citizen if not as counsel for the ac-
cused: lie didn't intend TO he throttlcd by one
| member and would move that Il vote be taken by
Council whether or not he should be heard.
.,dor,,o,, po rr,- co,nman oil IN rolI tho snn1I-