The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-10-23

nttv afforded TO your relators to present to said
hoard the grounds upon which yeur REALTORS con.
test the election OF the said John A. Wagner as
Mayor. and the elections or said persons above
named as Aldermen, and to submit to said board
the testimony upon which your REALTORS base their
charges Of illegal conduct on the part of said
managers in the management OF the said election; i;
that your REALTORS have repeatedly brought the
matter OF their said protest to the attention Of
the acting Mayor, and to the attention OF inGivi-
dual members of the acting Board Of Aldermen,
and have urged that the said board should meet
and take the said protest into consideration; and
that, although more than two months have inter.
vened since said protest was made, no meeting
Of said board has been held, and no opportunity
has been given to your relators by said board to
submit their said protest.
Q. Your relators further show unto your Honor
that as they are advised, the term OF office Of the
acting Mayor and Board Of Aldermen will now
very soon expire, to wit: on the frst day OF No.
vember next; and your relators are now well as
sured that the failure hitherto OF the said acting
board to meet has been, on the part Of certain
Aldermen Of the board, Of design and that IL Is
yet the purpose Of said Aldermen, by persstently
absenting themselves from all meetings OF the
City Council and Of the Board Of Aldermen, to
prevent quorum, and thus utterly to deny to
the protest OF your REALTORS that consideration
and action which your REALTORS are by law enti.
tied to claim that it shall receive.
TO- Your REALTORS further show unto your Honor
that, as they are informed and believe, the said
John A. WAGNER, and the said Bernard O'Neili
and others above named, who were reported by
the said managers as having received the largest
number OF votes at said election for the offices OF
Mayor and Aldermen, will, on the frs: day OF
November next, claim to be indicted into the
offices OF Mayor and Aldermen OF the city OF
Charleston and that the acting Mayor and the
acting Board OF Aldermen, or certain OF them, Ia.
tend to surrender their said ofices to the said
John A. WAGNER as Mayor, and to the said
Bernard O'Neill and others, as Aldermen, when
they shall claim the same; and that, in disregard
Of the protest OF your REALTORS, and without an
examination by the acting Roard OF Aldermen
OF the returns OF the said managers, and without
an investigation OF the case made by your REALTORS
contestng the said election, and Of the charges OF
illegal conduct made by your REALTORS ag inst the
said managers in their management OF the said
election, the said John A. Wagner, and the said
Bernard O'Neill and others above named will be
inducted into the said offices Of Mayor and Alder.
men OF the said city.
IL. And your relators say that, as corporators
and electors Of the said City OF Charleston, they
are aggrieved In the premises, and that they are
without remedy unless It be Afforded by your
Honor's writ Of mandamuS, which shall require
and command the said ac'ing Board OF Aldermen
to discharge and perform their duty in the prem
ises:
Wherefore your REALTORS pray
First. That your Honor will grant to them
your Honors writ Of naanddmuS, to be directed
to the said acting Board OF Aldermen Of the said
City OF Charleston, requiring and commanding
the said Board to meet at time and place, by
your Honor to be designated, thsn and there
to receive and hear the protest OF the realtors
wherein they contest the election OF John A. Wag-
ener as Mayor OF the City OF Charleston, and the
election OF Bernard O'Neill o. A. Bowen and
others, as Aldermen of the City Of Charleston, and
wherein the REALTORS charge the managers Of the
election for Mayor and Aldermen, held In Charles.
ton on the second day OF August, A. D. 1871, with
illegal conduct In the management OF said elec-
ton, and reqsirse2 and ~ccu,rnanaiug the said
Acting Board Of Aldermen to examine the returns
Of said managers and the ballots, and to investt.
gate the case made by the REALTORS, and to odecare
said election.
Second. That pending the said examination
and investigation, and until the said election
shall be declared by the said Board Of Aldermen,
the said acting Mayor and acting Board OF Alder.
men, be, by your Honors order, required to re-
frain from surrendering their said ofices.
II. BoLDEN PIcKINPAcK,
ST. GARDINER,
JAMES A. WILLIAMS,
THos. Il. TILLISGHAsT,
a J. z. ANcRUa,
WM. DART.
Uoap r. WoRTHISGrON