The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-08-07
THE FRUITS OF VICTORY.
Interesting Question as to the Date OF
Mayor Wa8ener's Installation.

Considerable doubt. appears 10 exist as to
| the time when the gentlemen elected last wed
nesday should qualify themselves for the posi-
tions to which they have been respectively
chosen, and when the existence Of the present
city government legally terminates and that OF
the new one begins. The specific act Of the
Legislature under which this election was held,
and which, as far as it goes, must decide all
questions pertaining to this election, Is entitled
an act to determine the day OF election OF the
| Mayor and Aldermen Of the City OF Charleston,
| a part Of which reads as follows:
That 80 much Of the charter OF the City of
Charleston, and the amendments thereto, as de-
termines the day OF election Of Mayor and Alder
men for the City Of Charleston be, ard the same is
hereby, amended so as to fix the day or election
on the first Wednesday Of August, 1871, and on
the first Wednesday. OF the same month In each
alternate year thereafter: Provided that the pres
ent Mayor and Aldermen shall continue In office
until the day fxed:by the charter Of the City OF
SEC. 2. That the Mayor and Aldermen now IN
Office shall continue therein until their successors
are elected and qualified. .
The language OF this act is concise and explicit,
and it Is plain that the time for the Mayor and
aldermen elect to qualify aud take of1ce: is what
ever time Is specified In the city charter. By 'the
charter of the City OF Charleston" is meant the
original act Of incorporation ofthe city in 1888,
Including, OF course, all the amendments since
made thereto and which are now integral parts
Of the charter. These amendments are very nu.
merous, and aIhorough examination OF them In:
wolves large amount OF care and patience.
Such an examination has beer. made by at least
enc distinguished member ofthe bar in this city,
aud he gives it as his decided opinion that under
the charter as amended up to this date, the
qualification and induction into office OF the
Mayor ard aldermen elect should take
place within ten days from their election that Is,
on or before next Saturday, the 12th Inst. This
gentleman is OF the opinion, moreover, that.un-
less the formality OF swearing in be compiled
with within the ten days, te election actn lapse,
and the present Mayor and Council hold over ior
another term. lie finds that the time OF qualify
Ing and Inducing into office after an election
was fixed at ten days, at q very early date In the
history O. the city, and that although In the many
amendments to the charter the time Of election
has been very often changed, the relatiye time Of
the election and the taking OF cf.ce has never
been altered. On the other ha the opinion Is
expressed BY no less celebrated legal
gentleman that the Mayor elect cannot take
oface until November. This opinion was arrived
at after careful study or the statutes in which
the gentleman referred to was assisted BY num-
ber Of other wellknown lawyers, and is partly
based upon the following provision in the act'of
September 25th, 1868. under which Mayor Pills.
bury and his council were elected ::
/. SEC 8. Said officers shall hold their ofices up to
the regular timenxed by charter for the election
OF the same, and Jor one JlW term a1a
he'd. @ the oath Of once may Be admins tered by
any uficer Of the State who is authorize by Jaw
to administer the same. -. 81; *.
The Irregular time fixed by charter for the cleo.
ton OF the samen referred to In this section, was
in November, 1855, and ''one full term thereafter"
would plainly be until November, 1871, 80 that BY
the language Of this act 1t would seem that the
present city officers were especially ordered TO be
scontinuedin office until next November, inasmuch
as, II they were to be succeeded in oftice this
week by the Mayor and Council elect; heiprmer
would not have served ont athe sfuil term there.
aftern mentioned in the act, but only one year
and nine months thereof.
There is, to be sure, some question as to the sp'
picability Of this clause in the act OF 1858 to the
present case, In view OF the fact that the act Of
1871 expressly leaves the date Of qualification OF
the officers now elected to the city charter but it
may be claimed To at this act Of 1853, being re-
peal Of one part OF the charter, acts to ell ntents
and purposes as an amendment, and is now an
integral part of;the city charter. Another con.
.B!derstion that initiates against the ten days
theory s that the act OF 1871 was as Is perfectly
well understood, passed for q purely partisan
purpose by partisan Legislature whose interests
would be materially damaged by the abridgment
of the term Of office Of the present city admins
tration, andltis not probable, therefore, that the
construction put upon 1t BY itose who claim an
immediate seat Tor the Mayor elect is the one In.
tended nv It's authors. Fortunately, however, the
construction OF Q statute Is dependent not upon
objects Of ntentionS Of Its framers and It is,
therefore, possibble that the Radical plottes with
all their shreSdness, have unwittlngly relieved
Us, three months sooner than intended, OF ftheir
abominable administration.
Such ,aro q few of,tne difficulties with which
this questionis surrounded. We.donot propose
to pass Judgment upon the intricate questions Of
law that are involved but we asss happy to state
that liajor G.. Lamb Buist chairman OF the ex-
ecutive comr.ittee OF the Citizens Party, has ar
ranged. for alconference this morning between
the Hon. Vim. D. Porter, General James S,mons
and Colonel T. Y. Simonsj at which the whole
subject win be very carefully investigated, and
action follow closely on the heels Of resolve shonld
promptness In action be four d TO be necessary.
Tho Ballot Roxes.
Since the counting Of the votes the duty Of
guarding the ballot hJxesin the Courthouse las
become frksome to the oot6inittees detailed from
both psriies;; and CO: saturday the matter was
adjusted to thesatisracttn VI both parties. About
O'Clock in the afternoon N sssrs. R. S. Bruins,
commissioner Of election, &c, L. Pratt and Geo..
E. Douglas managers, A. J.. Tobias, acting chair.
man OF the executive committee, and Colonel T.
*. :Simons, called, upon Mayor Pillsbury and re-
quested him to give orders to the police to take
charge OF the boxes, and convey the same to the
upper vault OF the Bank Of Charleston, where
they were -o,be placed. Te attend to this, the
following committees were appointed: BY the
Republicans Mears, ". G. Borke, J. W. Lloyd
and L. T. Gardner. BY the Citizens party-R. S.
Bruins, Geo. L. Buist A. L. Tobias and ]. Fraser
.Nathewes. Each policeman. shouldered box and
marched down Broad street to the Bank OF
Charleston, thecommIttees accompanying them,
but walking on the opposite side OF the street.
The boxes were oil deposited In the vault, which
was then locked and the door and key.hole care.
fully sealed up. The key was then placed In a
given to the Mayor. ...-s s..
The general return, signed BY forty.four, OF the
managers, has been placed in possession OF. the