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

! Number OF votes cast for AlVa Gage. 5,69s
Number Of votes cast for S. b. Garrett...... 5,6sl
Number OF votes cast fir John Kenny. ...... $3.50
Number OF votes cast for Garrett Byrnes.... 4,719
| Number OF votes cast for A. B. Mitchell. 49,. $50
| Number OF votes cast for r. Howard....... 1, 45i
| WARD 1.
Number OF votes cast for Z. Eoigt. 5,64l
Number OF vo es cast for z. F. Sweegan. 5347
| Number OF votes cast for G. a. Govtr...... .539
| Number of vote, cast fr A. :. Johnston. 5.651
Number of votes cast for J. H. Taylor. ...... $500
| Number Of votes cast for ]. d. Albers...... Ais
Number OF votes cast for G. /. cunningham. 4,825
Numb,r OF votes cast for w. r. H: Hampton. 4702
Number Of votes cast for NJ Goldsmith . 4,675
WARD 5.
Number OF votes cast for VIM. Moran...... 5,67s
| Number OF votes cast for F. Brown.... 54l4
Number OF votes cast for A. cameron. 4,sl8
Number OF votes cast for A. A. Aspinali. 1857
WARD 8.
Number OF votes cast for Z. Garden ....... 5.574
Number OF votes cast for A. S:monds. 5,674
Number OF votes cast for N. II. Collins 4, 128
Number OF votes cast for R. Il. Cain. l. 63S
WARD I.
Numbe. OF votes cast fo F. j. Pelzer........ $3.50
Number Of votes cast for E. d. Enston 1858
WARD s.
Number OF votes cast for q: B. sigwald. 5,5s2
Number OF votes cast for ]. Powers. 4.I80
That the foregoing table shows that there
was then a very large and uDmistakable ma
| ority for the Mayor and Board OF Aldermen
elect. That those complaining are only inhaS Si-
tants OF the City Of Charleston, and there Is
not Ine OF the defeated candidates among
| them. That none of the persons complaining
| claim to have been candidates, or In any way
| connected with tho election. except as being
such inhabitants. That the question of the
election is a public question in which the
whole community and no particular Individual,
other than the candidates. has any title Or
right to complain, and that this the title and
right being on the whole community, and not
In the individuals, except the candidates, who
might claim the office, the attorney-general
is the proper person to institute the proceed.
ings which the persons complaining have put
| In motion, or the same, at least, should be by
| his consent.
5. That the persons complaining have not
set forth In their complaint or paper aforesaid
that they or either Of them, or any person or
persons on their behalf, or on behalf OF any
person or persons whomsoever, have at any
| time requested or demanded Of the acting
Board OF Aldermen of the City of Charleston
that the returns of the election, together with
the ballots, should be examined by them, and
the case investigated. and that they should de.
clare the election. Nor have they set forth
refusal on the part OF the said acting Board OF
Aldermen so to do. And moreover that they
never have made any such request on Inc act.
|
has been any such refusal on their part, either
directly or indirectly, and this deponenl
alleges that no application, either individually
| or officially has ever been made to him on
this subject, nor did he in either capacity evei
have any notice of the said protest.
G. That the paper purportlng 10 be the COM
plaint aforesaid, and the motion thereon for
mandamus, are not supported by proper affi
| dayits of the facts therein stated. bv the per
sons complaining, or BY any other persons on
| their behalf. That the facts stated In order tc
found the motion should have been supported
by affidavits, framed In 80 certain and forma
a manner, that an indictment for perjury
might be sustained upon them II the aver
ments be wilfully false; and that the verihca
ton in the case Is made IN so loose manner
and form, that 1t would be impossible to fS
false swearing upon any statement In the com
plaint, and It is respectfully submitted thai
| neither q rule to show cause, nor an alterna
tive mandamus, can issue on the af1daVlt IL
verihcation OF the complaint.
II. That for q further answer, this deponen,
positively aff1rms that ne protest was made
or any notice OF protest of the said election
given to the acting Board OF Aldermen on tne
9Th August, 1871, or at any other time before
or that any.notlce has been given them since
And he will show that no protest was flee
| with the clerk of Council at that time, as al
legged by the persons complaining, or 0y any
other person, and denies the said statement
That on the third day after the election, wher
the managers of election and citizens wa:
conierring together as to the safest and mos
appropriate custody of the ballots, In case o
| any contest of the election, members OF the
party OF the defeated candidates were present
by invitation at the said conference. and Il
was announced openly that there would be ne
protest or contest as to the election.
That this deponent has heard and been in
|
Hon. Gilbert Pillsbury. then Mayor oil Charles
ton, requested number OF citizens OF the
| highest responsibility to meet him In the
| Council Chamber to consult on the bes,
means of allaying all excitement and preserv
ing public quiet, at which he was attended oy
one Alderman and another friend, Genera
Gurney, The latter Of whom, In speech 10
the presence of Mayor Pillsbury, announced
the fact that they were satisfied after 30 un
mlstakable majority to abide by the result O
the election, TO which Mr.. Pillsbury did moi
demur.
That this deponent has heard and been in
| formed that on the 7lh August, 1871, MT
Stone, the law partner OF the city attorney, on
behalf of the Mayor. attended conference o.
the counsel of the Mayor and Aldermen elect
as 10 the time at which they should be install
led into office, and it was agreed that the day
fixed by law was the lst Wednesday IN NO
yember. 49,, o,.- c,,,,
being the acting Board Of Aldermen. held a
meeting in the Council Chamber OF the City oi
| Charleston, at which time and place there was
| a quorum that there were present on the oc'
| casion Mayor Pillsbury, and Aldermen Ged'
dings, Cunningham. Holloway, Voigt, Hamp:
ton, Collins, Small, E. ?. Wall, Thorne, Howard
and McKinlay; that of these persons, his
Honor, Mayor Pilsbury, and Messrs. Mckinlay,
| Howard, Cunningham, Hampton, Collins and
Yoirt. had been candidates at the said election,
and Mr.. Voigt was the only one OF them who
had been elected. That much business was
done ut that meeting, and among other thing,
| thar toe bills of the managers OF election.
amounting to $500, were passed and ordered
| TO be maid. That the Council then proceeded
| TO the election of city civil engineer, and made
| an election: that two OF the Aldermen, hessr5.
Collins and Cunningham, opposed the election,
! and the latter demanded that his protest be
recorded. He did not think 1t right for C0uu-
ell to elect a new official for four years. on the
eve of its retiring. Yet nothing was done or
said in relation to contest or protest Of the
said election.
That in pursuance OF the arrangement con-
curred in on the 7th OF August, 1871, Mayor
Pillsbnry. on the Sth August, 1871, on the
same day of the said meeting OF Council, is
sued his proclamation, setting forth the votes
received by the candidates, and declared
the Mayor and Aldermen elect elected, and
the fact of the conference Of the 7th August,
1871. was published in the newspapers on the
Sth August, 1871, in Charleston, and Mayor
Pillsbnry's proclamation was published in the
same on the 10Th August, 1871, wherein by de-
I,-- ,t,, o1aotion ha held ont IN tho world