The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1870-04-29
THE COLUMBIA ELECTION.
Proceedings in tine Supreme Court.

The following sketch Of the proceedings in
the Supreme Court In the case Of John Alexander
(Radcal,) who claims to be Mayor elect, against
John Mckenzie the present incumbent, is taken
from the Phoenix and Guardian:
TUESDAY.
The case OF John Alexander ct al vs. John Nc
Kensie ct al was taken up. Mr: IraaeWeii wa
heard for plaintiffs Mr.. Rhett for defendants
Mr. Pope on the same side. The points OF MI.
Tradewell's argument were: ]. The legislative
power Of this State, subject only 10 tne lnita
lions OF the Constitution OF the state anu tne
United States, is absolute. and cannot oe con.
trolled by the courts. 2. Neither the Constitution
OF the State or OF the United States contains any
restriction upon the powers OF the Legislature
over the corporation Of the City OF Columbia,
3. The City OF Columbia is public municipal cor
porato2. created by the statutes OF the STATE for
political purposes and, therefore, with lts mayor
and aldermen, created by the same authority, IS
subject to change modification or abolition &C.
cortlIDg to the pleasure OF the Legislature, IN no
Lsense partaking OF the nature OF contract. 4.
The act OF the General Assembly, OF February 26,
1870, entitled IAN act 10 alter anu amend tne
charter and extend the limits OF the City OF
Columbia" is constitutional: the election ne!d
Hereunder for mayor and aldermen was valid
election and the plaintiffs are entitled to the ILL.,
mediate possession OF those ofhces:
Mr. Rhett, in reply, urged the following points:
/, Two constructions possible OF the act First,
to construe 1t to Oust the defendants lmmedlate-
w. If correct, the act violates article !, sectlon
H. Of State Constitution, and tourteentn ame1u.
this construction 1t violates article /, section 2G
OF State Constitution. The act is judicial. 8.
The proper construction OF the statute OF Septcm-
ber a5 1855 Is to make 1t prospective, retain our
clients to the end OF the term, and admit the
validity OF the title Of claimants, out only 10 take
effect at that time.
For the respondents, the following points were
submitted by Messrs. Pope & Haskell, OF counsel
In the cause: l. That the "incorporeal thing"
called ottice" is, under the constitutions. State
and Federal, o 'prvilege"-fi 1t he not proper.
ty.n Q That as such, IL is recognized by the 3lst
..olina. 8. Tha: privilege, quite as well as
..property" cannot be taken from the citizen
"wthout'du process oflaw," under the Fifteenth
amendment to the Constitution OF III tne sl,, onthea
ton Of South Carolina. i. That judgment oy
"the law OF the land" is not legislative. but
judicial act. which belongs alone TO the judiciary
Constitution OF South Carolina, and 26th section,
article i, OF the same. s. That the "term' is the
life and essence OF "ofce, and unless the TERN.
be destroyed, the 'ofllcer" OF the term cannot
be s'oustedn by the mere act of the Legislature.
as 1.-The officer" holds the "otce" by quasi
s.yested rght' (for want Of better words to
convey the ideal during the anreVokea
"term." 6. That the term, OF the nonices. oi
Mayor and Aldermen Of the City OF Columbia Is
not annulled or abridged by any existing act OF
the Legislature, but, on the contrary, under al
the acts the act OF 1870 included the term" re-
mains unat -idged and unchanged, from April,
1870, to April, 1872. I. That the present "oil-
cers,-"Mayor and Aldermen'-were elected TO
that s.term'' in 1865 to Ill that unrevoked, una
bridged and uneXpired "term," beginning In
April, 1870, and ending in April, 1872. That the
charter OF the corporation" OF the City OF Co
lumbar has not been assumed or resumed" ny
the Legislature and its chartered rights unre-
yoked, and the amendments OF the charter" by
the act Of 1870 are directory merely, thereby In
creaslng slightly the "ofica duties" OF the pres.
ent and all future "boards." 9. That this being
so, the "oflces" created by the "charter." are
alse unchanged and unrevoEed, and the "ofllcefs"
holding under 1t are protected In their 'flgnt" 10
hold by the State and Federal Constitutions. ~.
That an "off!cerr holding under the laws OF
South Carolina, is protected during his "termn
by the express words OF tile present Constitution
of South Carolina, by 3lst section, 2d articie
thereof. ,,.,.,,.,.
the 21th, at 10 A. ".
WEDNESDAY
The argument before the Supreme Court was
continued and concluded. Mr. j. ID. Pope anu
Chancellor Carroll brought out the strong points
OF the defence, using the doubleedged sword OF
mastery logic and abundant authorizes. " IA.
Chamberlain, Esq. in reply, enforced the posltlon
taken by Mr.. Tradewell on Tuesday, arguing ior
the absolute supremacy Of legislative act as the
expression of the sovereign vii! of the people:
The discussion OF the court will he looked lot
with much interest.