The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-05-29

in the streetG in June, and suggested that the
matter be referred to the board oil health.
Alderman Gage moved 10 refer the matter
of the Enterprise Railroad 10 the board OF
health.
Alderman Moran said that The morning after
the last meeting of Council he had met Tim
Hurley on the street, who said Council had
employed lawyers, but he could buy up every
lawyer Council could get. He also stated that
he had already bought up half of the City
Council. That his words almost took away
the speakers breath. A few days afterwards
that letter had been received from the legal
gentlemen wtom they all looked upon as
above reproach.
Alderman Vogt said he was here to protect
the rights OF the citizen, as he had sworn upon
| takiHg office. The legal gentlemen, in propos-
ing reconsideration of the vote, had termed
| the act of the Enterprise Road an Invasion of
| the rights of our charter, and the reference TO
the board of health would be q virtual admis-
sion of the claims Of the Enterprise Road. The
papers which had questioned our right to ap-
proprlate this money had all been enthusiastic
about spending six or seven Thousand dollars
for Keeping Pillsbury und his Council out on
the last Injunction. Alderman Voigt then
read from q clip cut from The NEWS decl-
sion of the Supreme Court of the United States
maintaining the lnvlolability of acliy charter.
Alderman sweegan said he had considered
tile matter malurey since the last meeting.
He did not intend to be turned away from his
duty by any newspaper squibs. He had not
heard of any application made to the City
Council by the Enterprise Railroad before that
meeting, but since then he had called at the
Office of the road and lound that communl-
cation had been sent to Council In January,
1871. He had attended all Council meetings,
and had heard no report on this communlca-
tiou from any committee. He had evidence
that this railway had injured our commerce.
Ir had broken our streets and entaied an
enormous expense on Council TO repair the
same. He would vote now as at last meet
Ing, and lf the plliful sum of two thousand
dollars was not enough, he would vote for
more to see ii the citizens had any rights
at all.
Alderman Smonds stated that he as chair
man of the committee on railroads had an-
swered Hurley's communication, but had
received no official reply.
The Mayor said The reference to the board
Of health was made because no proceedings
could now save the streets, and this was the
most advisable mode of bringing up the ques.
tion
Alderman Smith moved to amend Alderman
Cages motion by adding land that all further
legal proceedings be suspended for the ttme."
Alderman voigt moved to luy the motion
and amendment on the table, and the yeas
and nays were called, resulting yeas six, nays
nine, as follows:
Yeas-Kenny, voigt, sweegan, Glover, Mo-
ran, Pelzer-nine.
Nays-Messrs. O'Nelll, Bowen, Smith, MI
chaels, Gage, Johnston, Simonds, sigwald and
the Mayor-nine.
So the motion to lay on the table was not
agreed to.
Alderman sweegan said that on the 9th Of
April niue aldermen had pledged themselves,
by vote, to employ counsel 10 test this ques-
tIon Only six of these had sustained their
pledge, and, as one of them, he now moved
that The motion 10 employ counsel be re-
scinded.
This being ruled out of order, the previous
question was called, and the vote was taken
by yeas and nays, npon Alderman Smiths
amendment, resulting as follows: Yeas nine;
nays six. So the amendment was agreed to.
The question recurring on the amended mo-
tIon Of Alderman Gage, which was as follows:
"That the matter of the Enterprise Railroad
be referred to the board of health, and that all
legal proceedings be for.the present eus-
pended"
The yeas and nays being called for, resulted,
yeas nine, nays FIVE, ss follows:
Yeas-Messrs. O'Neill, Brown, Michaels,
Smith, Gage, Johnston, simonds, Sigwald and
the May or-nine.
Eays-Messrs. Kenny, Voigt, Sweegan.
Glover and Pelzer-fve.
So the motion, as amended, prevailed.
Alderman Moran declared that 1t was all
mockery, and refused to vote, order or no
order.
Alderman Voigt protested against the ac-
ton of Council In this case being recorded.
Alderman Sweegan asked what answer was
to be made to the counsel who had been en-
ployed
The Mayor replied that he thought the vote
would be sufficient answer.
A. communication was received from the
city recorder giving his opinion as to the right
of Council to assess aud collect taxes by exc
cution and sale. Received as information.
REPORTS OF COMMITTEES.
The committee on relrenchment and relief
reported favorably on the petition of Archibald
McLelsh for the remission of the penalty upon
bis taxes for 1870. Adopted.
The same committee reported unfavorably
on the petition of the Rev. A. Toomer Porter
to have lot and building next the Church of
the Holy Communion exempted from taxation.
The committee recommended the remission Of
the penalty. The report Of the committee
was adopted.
The committee on public Institutions, build
ings and grounds made report recommend
Ing repairs TO the Alnshouse as suggested In
detail In the report of the ciIy engineer,
which was read. Report agreed to.
The same committee, on communication