The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-05
TIE HORNS OF PILLSBURT'S d.
LEMMI.

The act Of August Is, 1865, under the provi-
SONS of which Mayor Clark was arrested yesterday.
is declared by the act under which Mr.. Pilshury
claims, commonly known as the Charleston Election
BILL not to apply to the present Acting Mayor and
Aldermen OF tie City Of charleston II he latter act
is constitutional and valid the arrest was illegal; ii
it is unconstitutional and Invalid. Mr.. lisbury las
no title 10 inc Office and the arrest was still Illegal
The language Of the repeating clause OF The thsr!es'
ton Eleclion bill is as follows:
SECTION A. Any laws continuing in Office persons
ell c.d or appon n.el 10 Office previous to- during or
un or he late provisional government Ct South Caro-
iua or u, der or by virtue OF any military orders,
SHALL be held not 10 apply to or continue IN otce
tho p-esent Actiug Mayor aud sld.rmc1 OF the Cay
of Chalc sop bet them SAID laws ball be he'd
to be null and void. All acts or parts O. acts neon
s,stent With this act are hereby repealed
Itmi.ht seem from this section taken sinSiy that
the act was intended 10 be repealed in rc'avd to the
Acting Mayor and Aldermen. so far as it, poSe; 10
continue them in office is con crrcd, ana not as to
the D DIVISION for punishment under which the arrest
was made but this construction is rendered entirely
inadmissab c by the section OF The Election bllP'
whi, b Immediately precedes the fvreeoing. ana
which prcvic e. wholly different penalty Tor this
particular case Th. section alluded 10 reads as fol-
| lows:
SECTION 8. That for each and every days deten-
tiop or holding OF the Office Mayor aldermen of
the City of Charleston. contrary to the provision OF
this act the person or persons 80 oncn"ing sna oe
subj to penalty Of fifty dolarf, the SAID penalty
to be recovered in any action Cf dt bt by the rson
or persons ag riev-d and kept out CT Office thereby
TIC foil wing is the act under which tie arrest
was made:
An ACT REGULATING THE TENURE OF CERTAIN OFF,
| cEs AND APPOINTMENTS THERETO. AND FOR OTHER
PURPOSES
/. BE IL enacted oy the Senate and Bouse of Re-
present tyes OF the state of South Carolina, now
met nd sitting General Assembly and by tie au-
thoritS of the some That all State. District aud Mu
picipal officers appointed by the General command
ding the ate Second Military District, in pursu
Of and under The authority Of the Reconstruction
laws OF Congress or appointed or elected under the
late Provisional Gover nment OF S''uth carolina, and
not removed by said General c9m~noinG. M aud
whose p aces have not been filed by election or ap-
DO ntment under the ,ew constitution, shall con-
tnue in Office until their several offices are filled by
the election CT app, intment ard qualification ac'
cordipg to law of the proper state County and Mu-
nicipai officers CT until tho duies of su-h officers
have been devolvcd by authority OF the General AS
sembly upon o her Ulcers duly elected or appoint
ed and qualified according to law under the new
con nstituuon.
II. II shall be lawful for any County State of-
Ger eeced at the ele :iohs OF April H. Is and IT, OF
June and s. 1865 to f the fond required by law,
and qualify for the Office to which be has been
elected at any time winn twenty da,s from the pas
sag of this act and later; and upon the hng OF
such bond and qualifying cordlng 10 Law, he shall
enter upon the duties OF said office.
III. The electious CT april IA, 15 and 16, and OF
June and g. 1853 held in .oniormity with the acts
of Reconst uctiun and a orders issued IN pursuance
thereof are and he, eby declared, valid; and all
elected at such elections are declared to be
emitted to the lmmediate possession OF the ONCE to
which they have beon elected, upon the: qualifying
and giving the bonds required by law.
~. And dbe 1t further enoeted Thar if any person
or persons hololpg any Office offices in the state OF
South Carolina shall refuse to surrender 10 the per-
SOD or persons elected at the elections OF April H. 10
aud l6, and June and 1868. or to the person or
perso selected elections hv reafte. to be held urdec
the laws Of South Carolina, not inconsistent with
new con- titution OF sa6 state, or appointed ny
the Governor in pursuance of law such Office or Of
ficcs together with all onies. books, records pa
Der and property of any other kird or character
whatever pertaining thereto whenever such per-
son OF persons 80 elected or appointed shall have
quali6ed ana given the bonds required by law such
person or persons 80 oenolng shall be deemed gull
ty OF nisdrmeanor. and, on convlction tnereo
shall be punished by fue and mprisunment-such
fine not tn be less than one thousand dollars. aid
such Imprisonment not to be less than one year at
hard laoor the peniteni!ary All acts or parts OF
act Inconsistent herewith are hereby repealed
v That he provisions OF his act shall NOT Apply
to the eff les OF JUDGES Of the court OF Equity and
of M lsters REGISTERS and c. mmissoncrs IN Equity,
but that the SAID officers SHALL Il the first Of Jan
uary Que thou and eight hundred and slxty-nine,
continue to discharge the duties and functions OF
their respective offices for the disposition OF causes
which are now pending.
In the senate house, the fifteenth daH OF August,
in tfe ye,r of orr Lord cne thousa d eight
hundi ed and slxty-ei2ht.
A. J. RASsrER, speaker House of Repre;en 'atives
pro mp0re
koozER, President of the Senate
Appro ved : B. &. SCOTT, Governor