The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-05-20
you shl hayo tho exclusive benefit OF oil Tho trsdo
and intercourse betwcon them for thlrly.six years


and intercourse betwcon them for thlrly.six years
j SGsnE Sns lid chAr,oy br ,Ao oenal aHd Rail-
and RSToad RS apss o. TGo cator Is
not repugnant to that OF tho Cannl and Railroad
Company: II does not contemplate . road bOtvoon
Charleston and Columbia. No authority 10 con-
struot such Ioad is given Y docs not provide for
tho construction Of railroad from Charleston TO
authorizes surroy " y Of tho Country uni bSswoon tIo
Ohio ltivorS noar Cincinnai, and the railroad pro-
iected by tho South, Carolina Canal and 1sailfoad
for tho purpose Of estqbttsaing," not for tho pur
S but for tho Of ss
a S ctios of cnoinnnti and cbsrIoston &c.
Tho exclusive right to construct branch from
tho main stem TO Columbia had already been given
to tho Cnnal and Railroad Company for thirty-six
Whether thoy hnd exercised II or not .is
!mmsterial. In tho language Of tho Chief Justtoo
Of tho powor docs not, and cannot, dopond upon
tho circumstance OF its having boen exercised or
not" III Peters 547.) -
Any road by tho louisville and Cincinnati Coin. .
pany. which would llavo connected Columbin and
Hamburg, or Columbia and Charleston, would havo
becn in conflict with chartered rights already e1-
cannot bo predicated Of tho Legislature. There
is no warrant for it. Tho Lcgisation is consist
we're consistent With The fullest eIoIeso o Thy
powers and privileges OF tho other.
No terminus ut cithcy end iB indicated. Tho
as far aB practicable. .. ...sa
To commence where tho '.projeetedn road Of tho
Canal aud Railroad Company tcrminnted. To DO
in continuation OF and not in conflict with it.
Tho Louisville and Cincinnati liairoad Company
could bu ID n road "through tho States OF Ken
tucky, Tennesseo, North and South Carolina"
But thoy could not pass beyond Columbia Sup
pose TINT ON reaching Columbia tho Louisville and
Cincinnati Company had attempted to continue
their road, and tap the Hamburg road at Branch
yiilo. What would hnvo been tho response Of tho
Canal and Railroad Company zz
Tho exclusive right 10 build q branch from our
road to Columbia Ia vested in US. The exclusive
right to connect Columbia and Hamburg and Col
Our charter expressly giYeB us tho right. n
Your charter gives you no such right,
| end. ~ f1I 49, ''7-.
Adhere to the limits OF, your charter and tho
| rights OF both orc preserved intact
The rulo that acts in part materia arc to be SO
construed that efficacy shall be siven to both Set
In December, 1888, The stato incorporated an
@ other 81 con company, aIhS Columbia m Railroad cempa-
ter OF thcr right to construct railroad between
Columbia and somo point on their railroad near
Branchyille" and on such transfer being objected,
corporate powers vested in tho South Carolinn Ca
| nal aud Raroad Company, OF tho time Of such
transfer, shall, go iar as ropects tho railroad bo
in the Columbia Railroad Company, subject to the
terms OF such transfer" Is Statutes, psgo ss2.l
tive admission OF tho exclusive right Of the Canal
Brauohville to Columbia and Tho inability Of tho
That tho Louisville and Cincinnati Company hnd
no right, under thor charter, to construct road
from Branehyillc to Columbia is clear.
| That the company was too prudent and Saga
sioaS .9 have expended money on ON illegal strue-
.hU Whsasfs 1e.s then did they got tho ght to build
Thoy gSt y whence aS clone they a9nla SET y
pany.
!; BY strictly inductvo process wo reach this con-
cluson, and demonstrate it from the statutes, and
the sta'utes alone. They exclude any other con-
We might will rsss tbs cage bore, But tho facis
show The logical process to be accurate.
Columbia was made by com1nittoe Of tho citizens
pf Columbia, and survey was also mado oy the
Canal and Rsjlroad Company, With tho view OF
constructing tho branch apthprized by thcir char
HSfG thea ION =, Sa t .Ro projected railroad referred
IN 1855 tho IallaVillo and Cincinnati road was
In 1885 the commissioners appointed by tho
Legislature made their report, and that document
tSs q o io.a ai pages ana 81
tho Canal and Railroad Company Was asoassed:
1
President and Directors was made, and Iesolutiona
and directing neso!isiions 80 6s opened fot the
adopted by the atockhold dera. The committee {oi
which Chancellor Harper waa ohairman) who 10;
s9 ss SoHSSsns sSs p 5 ths ss o
tsn 70 eSa$Sia sst g p ss S @ spa saFOsd ss
o1RRssRs q. second sp.a., &. report
pprchSBe of the Canhl ahd Railroad Company with
81 it's pfvilsSSs Ind boon e{ooted and that aimee
Rss sSsa ss sm
tho road hom IranchYlIts 10 0ol6hibas Is feRsried
as brancli and thei main ts1hks 6f thee foGise
iumbia, and to be offended thcnee through the
Here .en iadspsnden. ot s rsasanIaE is Re
/ fact tlst until Tho Louisville and Cincinnati Corn.
pany obtained tho charter privileges Of the Caual
sss IS SEs tss a Ess
Cannl and Railroad Company. ee- :. 80
| Until 184S the two companies existed 90 distinct
/ ls48 tho act Of union was passed. ... ~
ft was not new Incorporation as in the act OF
lsI2 repealed by tho act Of l849: a
The nama Of the Louisville and Cincinnati Rail-
road Was changed to that pfithe South Carolina
Hss Gssiltosa Company, and the csnA and RAILROAD
4 by virtue Of that. the Canal and Railroad Com
pany WAS e1tinguished-lost it's identity and cor
Porato eIistance, and was absorbed in tho south
Carolina Railroad Company, became part and par
eel OF and governed and controlled by tho CHAR
tor Of tho South Carolina Railroad Company, :,
u: in 1872 Colonel Elmore moved that an applfca-
ton bs made to the Legislature for IAN amaIGa-
i nation" Of tho two phsrters. Tho next day he
moved TO e1pu1ge the resolution, aud subsequent-
| ly Mr.. Mayzck moved that an application be made
for merger" as 1t nov appears In the act OF 43
The word merger WAS deslBhedly used It ATTY
Expresses what was the intent Of the parties and
the legislature It's legal ngnihcation Ia stthe
snnihlaon by act of law Of the less In the greater
Of two vested estates meeting In the same persou
(Cruise's Digest, title 80. n
in tho other and stopPed tSefS SS would Rh9S
been an absorption OF the estate Of the merged cor
porstion, an extinction Of It's rglis aud ,pfisi,
leges. Merger il only Of estates; not bf righia.
But the Legislature goes on and gives to the
South Carolina, Railroad Company as an indepen-
dent, subsequent grant, all the rights and priyi-
leges OF tho Canal and Railroad Company.
eorporated into the charter Of the louisville and
Cincinnati Railroad Company, those sections OF
the charter OF the Canal and Railroad Company
which contained it's powers and privileges. and
then said TO the South Carolina Railroad Company,
II many Of the enrly BanE aehaI.eras powers and
privileges we're not specifically given IN the act Of
ers and privileges vested in the PIanters' and Me-
That tho South 0arbiinK -Railrotd Company,
Gyms q road connecting Charleston, Hamburg and
Columbia, zach with tho other no one will dcpy, :
THAT II hna charter will hardly be questioned.
What is that charter, and when and where was
It granted7