The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-05-20

or few miles from Hamburg. Suppose this bad
been done and the branch continued thence 70
Columbia and on to Camden would not such ROAD
have been clearly within the power given by the
act, and would not the right to make, keep up,
and employ such roads have been vested excu-
sively in the Company? The charter is too clear
and explicit in it's terms to justify q aoaos A..
road built, and Columbia and Hamburg thus con-
nected, and the year after ts completion the Leg
islature had charted Railroad nom Columbia to
Hamburg, just such road as the Columbia and
Augusta Company now contemplate, would not tho
latter charter have been set aside as violating the
prior. as impsiring the obligation Of the contract
made between tho State and the Canal and Railroad
Company So long as the Dartmouth College
case stands as law, the answer must be IN the
affirmative and why and how would such char
ter impair the obligation Of the previous contract
Bccauye the road constructed under it would con-
meet places already connected BY 8 railroad, the
exclusive right to make, keep up, and employ,
which was vested in the Canal and railroad Com
pany.
It would be something more than violation OF
the letter OF tho law. 1t would be breach OF
good faith, that after the Canal and Railroad Com
pany had under the grant OF exclusive privileges
embarked their funds in the enterprise, had as
sumed burdens, had solved tho problem, and
achieved success, and now expecting the rewards
of their zeal and enterprise that the Legislature
should, at the moment Of their Success, cancel
their exclusive privileges and allow to others an
eoual right to share in the profits of the traffic
created by the founders Of the enterprise.
And is not that in principle the case before the
Court. Whether the branch should diverge one
mile or fifty miles from Hamburg, is question OF
surveys not of law, and is for the Company to de-
eide The essential fact is that the branch, wher-
ever diverging, connects Columbia and Hamburg,
and brings these two places into commercial COM
munication with each other, and with Charleston,
and facilitates intercourse between them oil. 10
accomplish that, was the object and intent Of tho
Iegislature. It was not one railroad but net
work OF railroads which the act contemplated,
mercai centres of the State, Charleston, Columbia
Hamburg and Camden. ,o.
THAT this was the true scope and intent or tho
act is clear from the 14th Section OF the act. Ihe
exclusive right to make, keep up, and use the
railroads and transportation authorized by the
act shall be for the term OF thlrty-sN years cars,
and after tho said term of thrty-sl1 years shall
have expired, though the Legislature may author
ize the construction Of other railroads or canals
for the trade or intercourse contemplated hereln,
nevertheless the south Carolina Canal and hail
road Company shall remain and bo Incorporated
and vested with all the estate, powers and PRIV
leges as to their works herein granted, except
the exclusive right to make, keep up, and use
railroads over and through such parts or the
country that shall SO have expired by the forego-
ing limitation"
The first section OF tho act CONTEMPLATED trade
and intercourse between Columbia and HAMBURG,
and expressly authorized road connecting them,
and the 14th section is clear recognition by the
Legislature that until tho expi alton OF the thirty
six Years it Ind no power to authorize the con-
srction of any other road for that trade or inter-
course.
nho Legislature plainly says to the company
Embark your money in this enterprise; build the
the places we have authorized you to connect, and