The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-04

clan.
Alderman Wallace, from Special Com
mittee to Revise, Simplify and Abridge
the Ordinances, &c., of the city, SUBJ
mitted report.
On motion of Alderman Wigg, the
further consideration of the matter was
postponed, and made the special order
for Thursday, at II q. m.
Alderman Goodwin introduced the
following resolution, which was adopted: :
Resolced, That the Chief of Police be
police force, who shall be known as AS
sistant Chief, and who, in tho absence of
the Chief, shall have control of the DO
lice force.
On motion of Alderman Simons tho
''Rules and Regulations for the govern
ment Of the police force" as reported
from Committee on Police, was adopted.
Charges against Policeman A. John
son, for intoxication, were presented
from the Chief of Police.
On motion of Alderman Simons, Po-
liceman A. Johnson was arraigned before
the Mayor and Aldermen for trial Wit
nesses were examined.
On motion. Policeman johnson was
fined ten (S1O) dollars and to be repri-
manded by the Mayor
His Honor the Mayor presented the
following from james ID. Tradewell, ESQ.
City Attorney:
The State, e.r rclatione J. NJ. Blakely aud
James X. Friday Us. the City Council
of Columbia. Suggestion in ProhiJi-
tion.
To Hon. JOHN Alexander Mayor Of Ae
City Of Columbin.
SIR: Tho above is tho title of the case
in which is involved the validity of the
ordinance of the City Council of Colum-
bia. of 10Th January, 1869, entitled can
ordinance regulating the weighing of
cotton in the city of Columbia Mr.. J.
M. Blakely and Mr.. James X. Friday
violated this ordinance III buying cotton
and weighing it themselves, upon their
own scales, without the intervention or
supervision of n public weighcr, and
therefor were fined-Mr. Friday, in one
case, and Mr.. Blakely, in four. For the
collection OF these fines, city executions
were issued and were about to be en-
forced, when notice of m application to
the Court for n prohibition to restrain
the officer, was served and suggestion in
prohibition, setting forth the grounds of
the application, filed The motion was
argued before his Honor, Samuel ".
Melton, on yesterday, Goth July, instant,
for the REALTORS by Mr.. Pope and by my
self for the city; an oral judgment adj
verso to the City Council, was at once
delivered and writ of prohibition
granted. I gave notice of IN appeal to
the Supreme Court, and shall present
the question to that tribunal, asking for
a reversal OF Judge NIelton's opinion,
unless receive from you instructions to
the contrary. You will recollcct that
the ordinance which has thus been tenn
porarily overthrown by Judge Melton, is
not the outgrowth of the present Mayor
md Aldermen of the city. It was passed
on the 10th of January, 1869, under the
administration of the Hon. John McKen-
zie, and, as have heard, Mt the solicita-
ton of the Columbia Board OF Trade, OF
which the relntors were and still are
members. So that whether the judg-
ment Of Judge Melton against its legality
stand or fall, neither your Board nor
their Attorney can be visited with re-
bnke for its passage. With q very suf-
iicient Difference for the learning and
ability of Judge Melton, am of opinion
that he has erred in judgment in this
case as to the law pertaining to it, to the
grievous injury of the city and in dan
gerous derogation of its rightful powers.
Not SO much, therefore, to sustain the
ordinance of January, 1869, as to vindi-
cate the general and essential authority
Of the Mayor and Aldermen of the city
of Columbia, whoever they may be, rs
conferred by the statutes of the State,
do advise an appeal to the Supreme
Court for review of the opinion of the
Circuit Judge.
It will be remembered that gave an
opinion to you i'll favor of the legality of
this ordinance; to which I still hold, and
with greater confidence in its correct
ness after the closest study Of the ques-
ton. It will not seem strange, there
fore, that cannot surrender it, because
a Circuit Judge, for whose learning en-
tertain the greatest respect, without
study, has pronounced against it.
The first Act passed by tho Legisla.
ture, relative to the weighing of cotton
and other articles sold by weight in the
Columbia market, bears date 18th De-
cember, 1927, and the first ordinance OF
the town, on the same subject, was pass
cd by tho Intendant and Wardcns very
soon afterwards, although it's renewal is
dated Goth April, 1851. That Act and
| ordinance are admitted by tho rolotfrs m