The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-04-27

Of young Columbian, who, on account
OF his genial, pleasant manners, was o
universal favorite. Maj. W. D. Peck
departed this life yesterday, after pain
full, lingering illness-the effect of dis
ease contracted while in the Confederate
service. His age was about thirty-six.
He leaves mother, wife. children, sister
and host Of sincere friends to mourn
his early demise.
SUPREME Counr, April 26.-The Court
met at 10 n. m. Present-Chief Justice
Moses and Associates Wright and Will
lard.
The case of John Alexander ct al. ps.
John Mckenzie et al. wac taken mp. Mr..
Tradewell was heard for plaintiffs Mr..
Rhett for defendants. MIR. Pope on the
same side. The points of Mr.. Trade
wells argument wero: l. The legislative
power of the State, subject only to the
limitations of the Constitutions of the
State and the United States, is absolute,
and cannot be controlled by the Courts.
2. Neither the Constitution of the State,
or of the United States, contains any re-
striction upon the powers of the Legis-
lature over the corporation of the city
of Columbia. 3. The city of Columbia
is public municipal corporation, created
by the Statutes of the State for political
purposes. and, therefore, with its Mayor
ind Aldermen created by the same au-
thority, is subject to change, modifica-
ton or abolition, according to the plea
sure of the Legislatures; in no sensa
partakipg Of the nature of contract.
4. The Act of the General Assembly, of
February 26, 1870, entitled "An Aot to
alter and amend the charter and extend
the limits of tue oity of Columbia" is
constitutional, the election held there
under for Mayor and Aldermen, was a.
valid election, and the plaintiffs are en-
titled to the immediate possession of
those Offices.
Mr.. Rhett, in reply, urged the follow
| ing points: l. Two constructions posi-
BILE of the Act. First, to construe it to
oust the defendants Immediately. II
correct, The Act violates Article I, SEQ.
ton IA, of State Constitution, and four
teenth amendment to United States Con
stitution. O. Under this construction, it
violates Article I, Section 26, of State
Constitution. The Act is judicial. 3.
The proper construction Of the Statute
of September 25, 1868, is to make it
prospective, retain our clients to the end
of their term, and admit the validity of
the title of claimants, but only to take
effect at That time.
For the respondents, the following
points were submitted by Messrs. Pope
&c Haskell, of counsel in the cause: !.
That the 'incorporeal thing" called
"ofice," is. under the Constitutions,
State and Federal, "privilege''-iti it be
not property" 2. That as such, it is
recognized by the 3lst Section, Article
| of ~ ofC n, o
a "privilege" quite Us we'll as property
cannot be taken from the citizen without
''due process of law" under the fifteenth
amendment to the Constitution of the
United States, and Section IA, Article I.
of the Constitution of South Carolina.
4. That Judgment by ''the law of the
land" is not Legislative. but judicial
act, which belongs alone to the judiciary
by the 1st, 2d and 10Th Sections of Nv
Article of the Constitution of Sonth
Carolina and Goth Section, Article of
same. 5. That the "term" is the life
and essence of "ofice." and unless the
'term" be destroyed, the "oflcer" of the
term" cannot be "ousted" by the mere
act of the Legislature, as "the officer"
holds the "office" by quasi "vested
right" for want of better words to con-
vey the idea) during the unrevoked
"offices" of May or and Aldermen of the
city Of Columbia, is not annulled or
abridged by any existing Act of the Le-
gislature; but, on the contrary, under all
the Acts, the Act of 1870 included, the
''term' remains unabridged and un-
changed, from April, 1870, to April, 1872.
7. That the present "oficers," ''Mayor
and Aldermen were elected to that
"term" in 1868, to fill that unrevoked,
unabridged, and unexpired 'term," be-
ginning in April, 1870, and ending in
April, 1872. s. That the Charter of the
Corporation" Of ''the city of Colum-
bia" has not been assumed or resumed"
by the Legislature, and its chartered
''rights" unrevoked, and the amend
ments Of the "Charter" by the Act of
1870 are directory merely, thereby in
creasing slightly the ''official duties" of
the present and all future Boards" 8.
That this being SO, the "offices" created
by the "Charter." are also unchanged
and unrevoked, and the 'officers hold
inc NpIor ~ 0ra vrpfonfod in flatr