The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-06-22
The Railroad DiaicuIty.


on between the South Carolina and
the Columbia and Augusta Railroads,
and rs every one, especially your
country readers, are not sufficiently
acquainted with the facts to Judge of
the merits of the controversy, as one
who has been looker-on and OBJ
server of the different phases of the
case, would place before them, as
succinctly as possible, the facts as I
have been enabled to learn them.
1t is known that the South Carroll
ma Railroad Company fled IL bill
to enioin altogether the construction
OF the Columbia and Augusta Rail
road, and asking that the Chancellor
might order the work upon it to be
discontinued Immediately. This bill
was ably argned for several days be-
fore his Honor Chancellor Carroll.
The argument upon the side of the
South Carolina Road, many Of YOUR
readers have doubtless seen, rs it was
published in the Ruiljoad JownM, OF
one of the Northern cities, in few
days after it was delivered before his
Honor, and very generally dissent
mated, both in this city and Augusta,
by an extra issue Of the Charleston
Ne,cS. which was sent ''frce gratis
and for nothing to everybody and
the ''rest of mankind His Honor
the Chancellor has not as yet rem
! dered any decree in the case, owing
to the multiplicity of other cases
which required his attention.
Until decree was rendered enjoin-
ing them, the Columbia and Augusta
Railroad had the legal right to go OH
with their work, under the grant of
their charter; this charter, by the
way, is the offspring of that same
power which gave existence to the
South Carolina Railroad, but this
latter is now grown so old and power
full and self-willed that it is disdain-
fully defiant and defautly disdainful
of all the laws and authorities Of It's
progenitor
Going on with the construction of
their work, as they thought. it was
not only their right, but their duty.
to do, the Columbia and Augusta
Railroad, upon attempting to put in
n crossing Of the track II the South
Carolina Railroad, were again brought
before his Honor the Chancellor
upon = second "bill," asking that
they be stopped from so doing. This
second "bili'' was also argued At
some length, and dismissed by the
Chancellor, upon several grounds
among others, that the construction
of the Columbia and Augusta Rail !
road across the track of the South
Carolina Railroad would do no in-
jury to the latter, whilst to delay the
Columbia and Augusta Railroad in
the prosecution of their work until
the decree in the first case-which
might be some months-siiould be |
rendered, might subject them to great
damage and loss. The authorities Of
the South Carolina Railroad were
duly notified OF this decision; but
instead of acqniescing in the decision
OF the court whose aid they had in.
voked, in contempt of that court,
they attempted, by force of their
own strong arm," to prevent the |
work OF the Columbia and Augusta
Railroad from being carried on by
placing distractions across the street
along which the latter passed.
Upon application to the Mayor and
Council of the city, by whom the use
and occupancy of The street had been
granted to the Columbia and Augusta
Railroad. an order was issued to the
Agent of the South Carolina Road, |
residing in Columbia, to remove the
obstruction at once, or it would be |
removed by the marshal of the city.
The order Of the Mayor was treated
with the same contempt that the de-
cree of his Honor the Chancellor had
been. The Mayor then sent the mar
shal to cause the engine and cars.
which constituted the obstruction, to .
be removed.
As soon rs the Instructions were
removed, the Columbia and Augusta
Railroad commenced operations, and
put III the crossing, so that the even
ing train Of the South Carolina Rail
road passed over it without let or
hindrance. This was done upon Sa-
turday evening; upon Monday even
ing, the supervisor came up. with
about forty hands; his engine passed
over and went to the depot, but soon
returned and began tearing up the
track, and cutting up the embank-
ment of the Columbia and Augusta
Railroad for some distance nnon