The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-10-30
declined, saying that he would have TO take

declined, saying that he would have TO take
legal advice.
That this deponent affirms that the protest
of the election, filed in the clerks office. was
not notice 10 the acting Board OF Aldermen;
that the clerk of Council was not member OF
the board. That even if 1t was notice OF the
protest. there was no request or demand on
the acting Board of Aldermen to consider the
| same and there never has been any refusal
on their part SO to do: And this deponent says
that the reators had full and ample opportuni-
| ty to make their protest of the election, to
make the demand aforesaid upon the acting
Board of Aldermen, and further to have a full
| quorum, and take their action thereon before
Mayor Pisbury declared the said election;
that by not filing the said protest OF the said
election, before the said declaration OF the
until The 18th September, 1871, they have
| been guilty of such gross lacaes and unreason-
| cble delay, that they are not now entitled to
| the relief they claim; and they should have
made their protest of the election, and put the
same in motion before the Mayor opened the
return Of the managers. and declared the
election of the Mayor and Aldermen elect, tor
which they had ample and abundant time.
That before the 5th of September, 1871, two
Aldermen died and two resigned; and that
since that date, by the absence and sickness
| of members of the Council, no quorum has
been had, although meetings have been called:
| That from the I'd August, 1871, to the date OF
said order, no notice Of any protest. or con-
test, has been given to the Council, or acting
Board of Aldermen, nor any request made for
| them to meet for the purpose of considering
any such matter. Thatif application had been
made at any time between the I'd August and
5th September, inclusive, quorum could have
been obtained.
| 2. That true it is that the complainants al
/ n hpi
the managers of election with illegal conduct
in the management thereof, but there Is no
! specification in the complaint OF any Iartcu-
| lars in which the said managers are charged to
have so Illegally conducted themselves. That
the order requires the acting Board of Alder
men to hear and entertain the protest: That
| the said protest has never been submitted TO
| the said acting Board of Aldermen. That the
duties imposed upon the acting Board of Alder
men By the A. A. 1868, are not judicial In their
character. as held and decided by the Supreme
| Court of this State, and that according to the
| Judgment of the said court their only power,
authority or duty under the said act is to de-
clare the election, that Is to say. to declare
| those elected who have received the highest
number Of votes, and no more, and that tfe
said board have no power or authority to deal
with the validity OF the election, or the con-
duct of the managers.
That Mayor PlIsbury, before the said pro-
SL. SSNNNe
NIFTY with the statute, announced and publish
ed the whole number of votes cast, and the
whole number OF votes cast for each candl-
date, and declared by public proclamation, the
several candidates receiving the largest mum.
ber of legal votes for the offices for which they
were voted, duly elected; and the electlon
having so been declared, there Is nothing lelt
for the acting Board of Aldermen to do In re-
spect of the said declaration of the election;
and the relators are not entitled TO the said
mandamus
And this deponent further says, that no pro.
test of the election having been made or set
on foot, and no notice thereof having been
given to the said Mayor or acting Board OF Al.
dermen before Mayor Pillsbury made the said
announcement and declared the election, as
the complaInants II. their statement admit, II
was TOO late after the same to make any pro.
test of the said election, and they are not
entitled to the mandamus.
This deponent submits that no case has been
presented by the persons complaining, OF the
Character contemplated by the A. A. 1868. and
none therefore in which the powers conferred
by that act on the City Council can be lawfully
exercised.
This deponent further says that he is In
formed and believes that the relator, s. T. Gar
diner, was one ofthe managers at the said elec.
tion, and signed the general return aud the
returnof his Individual precinct G. VGIGT.
Sworn to before me aud subscribed this 27tt
Of October, 1911. J: =. BURKE,
Notary Public.
Mr.. James Simons, Jr., next read the returns
of Aldermen Thorne and Holloway, which
were similar to the above, with the exception
! of few tritllng alterations. During the read
ing of the returns General Gurney, county
treasurer, was present in court, and his silent
acqulescence In the portion relating to his &C.
tlon In regard to the Mayor was strong con-
firmatlon of the statements. Mr.. A. 7. Smythe
then read the following Joint
Afdavit of Major Buist and Alderman n
Voigt.
THE STATE OF SOUTH CARoLINA-CHARLESToN
COUNTY.
Personally appeared before me G. Lamb
Bulst and G. Voigt, who, being duly sworn
said that on the oath October, 1871, they called
at the office of the clerk OF the City Council o
Charleston wv. f. Mitchell) and requested
that be would furnish them with a certified
COPY of the protest of the late city election.
said to have been filed in his office, to which ne
replied that he had had 1t In his possession,
but that it was now In the possession OF his
Honor, the Hon. G. Plllsbury, AID that he
could not furnish what they desired. They
then asked him when the papers were lett
with him. To which he replied, that petit
ton demonstrating against the election OF
General Wagner as Mayor was filed In the
clerks office on the 18th September, but
having no quorum at the City Council was de-
terred, and since has passed into the Mayors
possessions; and at their request signed o
paper to that effect in their presence and
gave 1t to them, the original OF which
Is with this deposition and sigued by these de-
ponents in authorization thereof. That they
then went Immediately from the office Of Mr..
Mitchell the clerk of the City Council. to the
chamber of Mayor Pillsbury, in the City Hall,
and, seeing him In person, stated to him that
the clerk OF Council had just informed them
that the paper mentioned by the clerk, the
protest of the election of Mayor, was in his
possession and they requested him to allow
them to look at it. he declined, stating that
he would have to take legal advice.
G. L. BUST,
c. VoIGT.
Sworn to before me this oath October, 1871.
| j. E. BURKE Notary Public.
Mr.. Symthe next read the official proceed.
ings of the Charleston Councils meetings Tor
August sth and 22d, September 5th and 10th,
and October Sd, showing that two full meet
ings had been held, and business transacted by
Council on August 9th and September 5th, at
the date, the 9th OF August, when the relators
claim that the protest was filed, and at Whcn,
il filed, it could have been presented and read.