The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-10-09
THE CITY OFFICERS.
A Decision Against the Radical oM-
cials-TroubIe Among the Faithful.


A Decision Against the Radical OM-
csals-TroubIe Among the Faithful.
The decision Of Chief Justice Moses in the
matter of the writs of quo warranto sued out
by VIM. N. Hughes, the late City Assessor; c.
p. Frazer, the Assistant Assessor; c. n. Ave
rill. the Flour Inspector; and P. c. Query, the
Citv Sheriff. was received and fled in the State
Court Yesterday. Judge Moses decides that
the officers named could not be removed with
out cause, or without full hearing of the case,
and orders the present incumbents to refrain
from exercising any of the duties Of the offices
which they improperly hold. The State is de-
clared entitled to Judgment of custer against
the mount ents elected by the present Coun-
Gil, viz: -. Coogan, City Assessor; Moses
Camplin. Assistant Assessor; NJ. Caulfeld, Flour
INSPECTOR, and George Addison, City Sheriff,
who cannot, on pain of contempt of court,
continue to perform any Of the duties Of their
Office.
The receipt Of the news Of this unexpected
decision caused great hub-bnb in the Radical
ring. There was some talk of giving up the
offices without any further resistance, but the
advice of the arch agitators prevailed, and the
ofice-holders VOW that they will fight it out to
the last, with the law or without 1t. Judge
Moses was hooted at as traitor to the party,
and as seeker of Conservative votes! When
the excitement abated the officials began to
Law their heads together. How to keep in and
keep the others out, was the question. All
sorts of plans were suggested, and the one de-
termined on will soon come to light, as the
deputy sheriff viii serve the proper process
upon the Radical officials this morning. The
following are the decisions in full
THE ASSESSOR.
The State er Relatione the attorney General rs.
!. ~. PatricKoJ. CoogGn.
An information in the nature OF quo warranto,
on the relation Of the Attorney General was nled
on I'd day OF September, 1869, against Patrick J.
Cooean requiring him to show cause by what au-
thorfty he exercises the ofice OF Assessor OF the
City OF Charleston. ,,-,
liam N Hughes by the City Council on the 11th
day OF December, 1867, to Gil the unexpired term
OF David G. Gibson deceased, who had been elect
to the once on o Nv Se 0c Of p
cember 1858: and the appointment, vice the SAID
Gibson on the oath Of December, 1861, by the Gem
eral then commanding the Second Mlhtary DIS
frict by authority Of the Reconstruction acts OF
Congress That he entered on the dlScnarge OF
the duties, and continued therein until the l9Il
day OF July, 1859, when the oice ana al the DOCKS
and papers pertaining thereto were taken posses
sion OF and he the said William n. Hughes, eX-
i cluded therefrom by the said Patrick J. C0ogan,
who has since continued 10 exercise Tue u9.eso VI
the said Office In violation Of law, and In der0ga-
tion OF the rights OF the said William n. Hughes
The return Of the said Patrick ]. Coogan SUBJ
mits: y, .,.,.,
sQAn ordinance to declare vacant certain Offices
and to provide for an election for the same, ratli-
ed blythe City Council Of Charleston, on the 2otn
day Of May, A. D. 1869, the office OF City Assessor
then and prior to that time filled by Wllnam n.
Hughes was declared vacant. pa.
oil mat on the 9th day Of July, a. D. 1869,
public notice thereof Of ten days having been
given. in city newspaper. the Guy Council OF
charleston, at regular meeting, did proceed and
duly elect to the oiice OF City Assessor the said
Patrick J. Coogan.
sd. That on, the 10th day Of July, A. D. 1869,
the said Patrick ]. Coogan, having nrst gwen
bond with good security, approved by the City
: Council, in the penal sum OF one thousand dol
lars conditioned for the faithful discharge OF the
duties Of his onice, was duly qualified, by taxing
stoned IS City Assessor for the City OF Charleston
4th. That on the 18th day OF July, A. d. 1869,
the said Patrick 4 GS9ssn HnSS ms9s aye nS y l0r% M
esessor to vacase and surrender the said offce OF
CITY Assessor to him, said Patrick ]. Coogan, and
all property, books and papers pertaining tnereto,
and the Hon Gilbert pseury aso S on fs saG civ 1ot@ IN
Charleston notified and directed me said MiiiiaH IN
N. Hughes to yacate and surrender he once OF
City Assessor, with all the property, books anu
gan; that the said William n. Hughes utterly dis,
regarding the said demand OF the said Patrick J..
,oo0an. and the said order OF the said Hon. Gil
bert Piilsbury, Mayor Of the City Of charleston,
aid neglect and refuse TO- yacate anu suTrenuer
sasi oce of CITY Assessor for the City Of Charles
ton, and the property, books anu pssefs Pei '''iA-
ing thereto, 10 said Patrick J. Coogan,
5th. That on the 10th day ol, July, A. -
1859, the said William n Hughes peing eims,rv sv'
Mayor OF the City Of Charleston. instructed
and directed said Patrick j. Coogan CITY Assessor,
uuetlyand peaceably to take possession OF the pup
,,soss-tv Of the Cityof Charleston heretofore oe-
ccnneti bv the City Assessor,) and all the public
nronerty- hooks anu SSoners pertaining 10 salu
once Of City Assessor, and " ei,SI arpn ane
discharge the duties OF SAID once, t1aI G.i S
IN sa;;;. ..structiens Of the Mayor OF the City OF
sshaTIeston. and ~ ~ virtue Of his said once as
Sitv Assessor. the said Patrick J. Coogan did
peaceably and quietly take posseSs'on VI Iny pup
fic oftice, property, books and papers PtItalning
to said ONCE OF CITY Assesor Nts9 o sE sai oce % and
the same hitherto and now continues 70 10, as py
law he Is entitled TO do"
10 this return the reiator demurred anO the
respondent has Joined in the demurrer,
= The manner Of the actr|sai taking possession Of
the ofiice, BOOK, &C., is not involved IN tne
question before me. am alone to consider anI
determine whether the respondent S ene.,eu tne
totthe office and the administrator VI ils iun0
tions, by virtue OF law ...o.s ooncarrad
The CITY Council, under the powers conIeIL,eu
nv the act OF 1883 twas authorized 10 appoiut
siich officers as shall appear to them requisiIe
and necessary for carrying into enectuai eAecu-
tion an bylaws, rules and ordinances lney
may make for the good order anu GOVERN
ment Of the city," .,,, nc c;tv
- In 1872 the oficer heretofore known as City
Inquirer and Assessor, was by ordinance " ,' DS
called and designated as City Assessor, anu C, ny
ordinance Of December 7, 1885, the TERM 'neieoi
was fixed for four years. -, .,,oa
an ordinance subjectng any Of its ofncers 10
removal by the votes OF seven OF more Oh ltS
members, '.for such cause as to them snail seem
suficient, after full hearing OF the case" BY tne
ordinance Of October 10, 1850 the number was
extended to nine, and the words, "fOr such cause
agto them shall seem sufficient after full hear
inc OF the case" were repeated and retained.
On the Goth May, 1859, an ordinance was pass
cd entitled "An ordinance to declare va
cant certain ofices, and to provide for an
election for the same" The second Sec
tion includes the office in question, and Is
IN the Following words "That all ofices now fill
ed by military appointment, or 6y eiection N OF any
provisional council are herepy usciarea M O, w Te va
can't and the same shall De nieG oT St, a ~
the time hereinafter designated" Inc , 1i.n sec,
tion repeas all ordinances OF parts u oioin"n'e'
Inconsistent with the same. ,a tho srbse.
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