Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1854-08-10

tue sale made by SnuLrz 6 McKINNE, and disre-
garling the solemn DEGREES made by the Courts Of
Justice. has rcinvcstcd them, or rather their as
signees, will, the possession and emo'uments of this
property: Whereas ii is respectfully submitted that
if such an interference be warranted by the prnci-
pies of law and justice, its power should have been
exercised not 70 make void, but to reform, if ncces
sary. and perfect the titles which SHuLrz & Nc
kINYE had endeavorcd to execute.
A sense of justice dictated to Your Honorable
Bodies in December lS4s, not to ignore the Claims
of the City Council Of Augusta as compared with
those of SnULTz 6 McKINNE, and induced you to
insert in their Charter The pro,iso " that the said
Henry SnouLTz & JouN McKINyE, shall not be
allowed TO charge and crect toll at the South Caro-
Ina end of the Bridge until the litigation pending in
the Supreme Court of the United States in relation
to said Bridge and the proceeds Of the sale shall be
determined against tue City Council of Augusta"
That decision against the City Council which was to
justify their collection Of toll has not been found but
decree against SHuLTz g. McKiYxE established.
To renew the Charter in behalf Of their assignees,
as is done, is to repudiae this decree-to depart
from the just course Of your Honorable Bodies
in respect to this subject heretofore-to violate
and abuse the public conscience and to prejudice
the puLl;c interest.
Under these circumstances your Mcmorialsts
respectfully submit To Your consd, ration, the pro-
priety and practicabiy of repeating sad Charter,
of otherwise relieving the public from its unjust
and disastrous effects. Ifby their Charter, Alcssrs
JONES & KENNEDY constituted corporation, the
right to repeal or amend their Charter is secured to
your Honorable Bodies by the 4lst See. Act lS4l,
and your Memora!isis presume that this is certainly
true Of quasi corporations, by which they under
stand y body Of mci, who, though not vested with
the general powers Of corporation by any express
law, are yet recognized by Statute or immemoral
usage, and the body they compose is a person or an
aggregate corporation, with powers and duties which
may be enforced, and privileges which may be
cred qua corporations with limited powers co-exten-
sivc with the duties imposed upon them by Statute
or usage, but restrained from general use Of .au-
thority which belongs to those metaphysical persons
by common law" Such are COMMISSIONERS of
county, Supervisors of highways, Overseers Of the
poor, Loan officers Of county, and the like who
are invested with corporate powers su6modo, and
for few specified purposes only" Besides the
Act Of 1911 which reserves the power 10 repeal &C.,
is not less applicable 10 private than to public cor
poraons ); and certainly Messrs. JONES & KENNEDY.
considered with reference to the powers and duties
which they may enforce, and the privileges which
they may maintain BY suits at law" are not wanting
in analogy, either to form substance to COM
missoncrs Of q county, Supervisors Of highways,
Oversecrs Of the poor and The like" and therefore
their Charter was given ",subjcct to amendment,
alteration, or repeal by the Legislature"
! In any event their franchise is vested private
property, and subject to the control Of the Leeisa-
ture by right of eminent domain, and may be taken,
or wholly or partially suppressed according to the
public exigency; upon the same principal that the
private property of the citizen is taken for public
highway, and for the public welfare.
Your Mcmorias,s, citizens Of South Carolina
have felt the necessity Of pre- senting brief outlire,
in part, Of the argument in favor Of the right Of the
City Council Of Augusta, compared with that of the
assGnecs of SnuLrz & McKIyNE, and of the supe-
ror claims of the former, in order If possbso vim
dlcate their o,on right well as their necessity to
ask relief
And they trust III at their prayer will beduy con.
s;dered