The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-10-12

SSsse
resolutions of your predecessors. aud
believe that had the present Couuoll
been advised of their existence, your
committee would not have been raised,
for thoy are altogether respectful to oil
classes and parties, vindioste the purpose
OF ordering the pending action, and
seemed to be demanded alike by the in
terest and dignity OF the city. while they
are clearly and perfectly consistent with
prosecuting the pending lawsuit to final
Judgment.
Your committee, In prosecuting their
duty. find that tho following resolution.
offered by Alderman Hope, member of
the City Council, Of March 8, 1870, was
adopted. to wit:
Rcsoloed. That his Honor the Mayor
is hereby authorized to convey the Agri.
cultural Fair Grounds to the Executive
Committee OF the Agricultural and Me-
chancal Society, in accordance with the
original Intention Of the City Council,
and that in pursuance of that resolution,
(as your committee supposed was in.
tcnded,) deed WAS executed by the then
Mayor, John Mckenzie. dated the 14th
day of Maroh, 1870. conveying all that
tract of land situated. lying and being
in the County of Richland. State afore-
said. containing thirty acres, more or
less, with certain ,lohnte boundaries, in
consideration of 81, to john B. Palmer,
John z. Thomas, and William Wallace,
in trust for the use of the State Agricul-
turai aud Mechanical Society. Now,
neither at that time nor up to the pre-
sent time, did there exist, or does there
exist. any suoh society known to the law.
as tho City Attorney Informs them; and
that the nbove-named gentlemen are in
capable in law Of holding trust for
uon-e1istent body. aud, further, that the
gentlemen above named were not and
are not the Executive Committee Of any
Incorporated body capable Of holding
property. or exercising public functions.
How, etherefore. the City Council of
public duty to part with such large and
valuable property as the Fair Grounds
for the nominal consideration of 81, and
thereby dissever all connection with it,
only Ave days before they wore ejectei
from Office, ie beyond the comprehension
OF your committee. Besides, since the
Fair Grounds were thus conveyed away
by the City Council OF 1870. the Fair
Grounds, by an extension of the city
limits to the North, have become part
and parcel of the city territory, aud sub
ject to its political Jurisdiction, Just as
much 80 as the city park. the public
streets. or the public markets. Your
committee are informed by your law Of
| ficer that the city cannot delegate it spo-
| litioal powers, and that to give up by
deed to others part Of it's city govern
| ment or jurisdiction, except to make
them agents to execute aud enforce them,
10 legal absurdity and impossibility.
Yoar committee therefore submit the
following resolutions:
Resoloed, That the City Attorney be
instructed to prosecute the pending &C
ton Of the oity OF Columbia us. John 3.
Palmer, John P. Thomas and William
Wallace to a speedy and anal judgment
| Resolued, That the present City Coun-
Gil desire only to preserve intact the
| rights, dignity and power properly per-
'a,ning to the city of Columbia, in direct
ing the vigorous prosecution Of the said
action at law.
Resolred, That the present City Coun-
oil, in the spirit which characterized their
immediate predecessors, intend to oon-
tribute literally to the support of the
annual fair in the city Of Columbia, as
soon as it's right of property in the fair
grounds, and Its rightful politicnl juris-
diction over them, shall have been ad-
mitted or established. Respectfully sub
mitted.
(Signed) G. NJ. WILDER.
CD. CARROLL.
| s. b. THOMPSON,
Committee.
On motion OF Alderman Thompson,
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