The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-10-30

| w. r. II. HAMPTON,
E. P. WALL,
| L. F. WALL.
| G. I. CCNNIAGHAM,
R. HOWARD.
| T. R. SMALL.
WIN. MCkNLAY.
To this was appended the minutes OF the
meeting from which the reporters were ex.
cluded on the 25lh instant. 1t merely stated
that there being no quorum present the Coun-
c.l were not authorized to act, and, therefore,
could not obey the writ of mandamus issued
and served upon them.
Mr.. Corbin said that the return spoke for it.
self. The respondents therein had been una
bic to comply with the writ by reason OF the
non. attendance Of the Aldermen named. Mr..
Worthlngton then read the returns of personal
service of the writ, by handing copy and leav.
| ing it with the respondents. These returns
were signed BY Richard E. Wall, and stated
that Aldermen Geddlngs, Thorne, Holloway
Potter and Green could not be found. The
Judge asked if there were any other returns.
In Reply,
General James Simons said In response that
he had been retained with his colleagues to
present the return of three members of the
present City Council, upon one of whom per-
sonal service of the writ of mandamus had
been made, it having been left at The resi-.
dences of the other two. That on making
these returns they were placed in the position
of making a return to an alternative writ, and
that the first part of the return was made as If
in opposition to a rule 10 show cause, and the
second part as to the merits of the case.
The counsel for the REALTORS have announced
that they intended asking not only for q per-
emptory mandamus, but, In accordance with
notice already furnished, they proposed to ask
for restraining order prohibiting and re-
strainng the respondents, the present Mayor
aud Council, from surrendering their fran
chises and archives of office until the peremp'
tory mandamus could be decided.
General Simons having been requested to
proceed, Major G. L. Buist read the return of
Alderman Charles Voigt, as follows:
THE STATE OF SOUTH NEUTRALITY-SUSPICIOUS.
| COUNTY.
In the matter OF the case OF the State eX rela-
,ioue s. T. Gardiner aud others, vs.. Michael a..
Collins, ct al.
Charles Yoigt, on whom paper, purport-
ING to be complaint for mandamus and an
order of the Honorable R. F. Graham, judge OF
the First Judicial Court of South Carolina, da-
ted at Orangeburg, October 10th, 1871, COM
mandlng the acting Board OF Aldermen OF the
CITY of Charleston, that on Wednesday, the
25th OCTOBER, 1871, they meet in the Council
| Chamber in Charleston, at 2 O'Clock, 2. NJ,
and that they there and then hear and enter
tain the protest of the REALTORS, wherein they
contest the election oil certain persons, Mayor
| and Aldermen OF Charleston elect, and wherein
the said relators charge the managers OF cleo
tions. held August 2, 1871, with illegal conduct
in the management thereof, and that they do
then and there examine the returns of the
managers of election, together with the ballots
and investigate the case and declare the said
| election, or that they show cause to the con-
| trary thereof, before the said Judge, at his
| chambers, at the Courthouse In Orangeburg,
on Saturday, 2sth October instant, at II o'clock
A. NJ, being duly sworn,
| I. For first answer SAYS: That this depo-
nent respectfully submits, that by reason OF
ANYTHING in the aforesaid complaint, or in so
much OF the order aforesaid, as required him
to meet in Council aforesaid, ior the said pur-
pose, he was not bound in law to meet as re-
auired in the said order for the reasons and
for the causes hereinafter mentioned, that Is
| to say:
| l. That the form and mode OF application to
the said court by She complaint aforesaid Is
| illegal, informal and unknown to the common
law or statute law Of the State OF South Caro-
lima. That the 475th section Of the A. A., Let
March, 1870, entitled IAN act to revise, sim
plify and abridge the rules, practice, pleading
and forms OF courts in this State" expressly
declares that ''unless the Legislature shall
otherwise provide, the second part OF this act
shall not affect proceedings by mandamus or
| prohibition" That proceedings by mandamus
In this State are, therefore, left as they stood
| by law before said act, and the proceedings Of
| the reators, by complaint. in manner aud
form. as used by them, is illegal and void.
2. That if the proceeding In mandamus can
| be instituted by complaint under the said act,
| then no proceeding under said act can 60 on
until summons has been duly served on the
defendants as by the act prescribed, and no
| summons has at any time been served upon
this deponent in the said case; and no lawful
| order affecting the person can be made on
| such complaint, until such summons has been
served.
g. That no notice Of the motion for manda-
mus was given either to the acting Board oil
| Aldermen, the individuals of the board, nor to
the Mayor and Aldermen elect; and this depo
nent says that besides the individual members
OF the acting Board Of Aldermen, the Mayor
and Aldermen elect, (who have been declared
elected, as admitted in this complaint,) chiefly,
| being principally interested in the subject.
should have been included in such notice, and
notice served upon all OF them.
L. That in pursuance of an act of the Legis.
lature of this State, an election for Mayor and
Aldermen Of the City Of Charleston was or
dered to be held in Charleston on the I'd Au-
gust, ISL. That previous thereto the voters
| Of the City of Charleston were required to
register their names and places OF residence
| in the said city, and to take an oath that they
were duly qualified by law to vote at the cleo
| tion so ordered. That upon such registry
there were registered by the said managers:
...ouos
| Making OF registcrel voters colored ma.
That in pursuance OF the said act. and Of the
notice. the said election was thereafter held
on the I'd of August, 1871, which resulted as
| follows:
! That for Mayor, John a wagener re-
That fer Mayor, Gilbert Plllsbury
ceived... II, 500 votes
| Majority for John A. Wagener. III votes
FOR ALDERMEN-WARD l.
Number or votes cast fur Bernard O'NeIll. TO- 357
Number OF vo eI Cast for o. A. Bowen. ...... 5,fa5
Number OF votes cast FIR ]. F. Greene.... 4 737
WARD2.
Number OF votes cast or W. B. Smlth...... $500