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

either oTons, IL was nsir road, governed by their
oharter, which IL tho old ohartor OF tho Louisville
.s so Of lss ssus sNsSa eaoss
Of o s%ensy mss sho 81 tSc
snd oG ay tho SSsS
SSoS a pHn s sS
aud that at hai Tt1.s Il WAS tho Intention OF tho
but In 1s42, Nthe project Ior tho louisville and
~ e isis shs IeEsslsss the
I:agrSad comfSny, thst is over tbs d6srlestoa and
msatnrS tho B!aaSh track
sn Whnt waIrhntls thcre for sayihg THAT ONO sec
tien, q that: Ghartor is REPEALED Tor modified.
road End propc1ty ihass earona SfHa
Tho chartesi iI fho charter fof tho Whole road; It
ais hSa she shon ss
G9aE. 70 Do what tho Legislature declined to do:
LII they Beck middle course and nttempt 70 limit
or restrict tho opcr alton OF tho 18Th sectioh they
must show that the Louisville and Cincinnati Com
Columbia to Branchyiilo under their obartar; that
tho 18th section applied TO that part of tho road,
and TINT tho Lcgisnuro in tho act Of 18i3, limited
1t to that part OF tho road; and thoy can show
That it was the intention Of tho Legislature to!
grant tho most full and exclusive privileges is np-
paront, not only from all tho Legislation touching
tho road, but from tho circumstances existing at
tho timo-tho magnitude Of tho enterprise
doop interest folt by all classes Of the community
in It's succoss-the peou MARY liability of tho Btato
as holder Of ITS stock anl endoraer Of It's bonds.
, The company had barely survived the neyoro
tho State, with great peounary intorost in the
SUCCESS OF the road, would, at tho moment Of its
completion and when it's resources wcro about to
Is,,,f ,fln.IN
elusive privileges, upon tne maintenance Of which
its SUCCESS depended. A road whd8o' object was
TO divert traffic from tho South Carolina Rnilroad
Company, would then have met with but little
favor. The Legislature WAS prepared to grant al
MOST anything that would render tho enterprise
ss o hsy hsV! gbSsg gbS agps ns sss
over the vholo :s4a Without tho Limitation or fo-
striotion Of ainglo exclusive privilege. t..
IT may have been o mistake. Tho Legislature
may not hnyo nctod with sufficient sagacity. nnd
prudence: But the question is not what thoy
Court is to construe CONTRACTS not 10 mako them.
s III as o6s in
made by competent authority, aud binding on tho
partics can the people or thor representatives
by any not theirs afterwards impair it's obligation"
Ohio Lifo Insurance Company us, Do Bolt-16
Tho exclusive privileges OF tho South Carolina
ha,rGsd Company arc m vested in ,s by charter and
by tho Legislature uness tho power 10 do 80 is ro-
Case Whoatoh; Bmsfa@ptSn Bridge easos.S e.S
Wo haye now shown I'LL
That tho exclusive right TO omako, koop up and
employ railroad from GhaSlss.on to Hamburg
in tho Canal and Railroad Company. IS Ind.
That tho Louisville and Cincinnati Railroad Com
ROAD Se from I BransbviIIs @ to Columbia .
That before thoy even located their road they
purchased tho charter rights and privileges Of the
THss sadss thess shsFtsE iish.s:sleao could the
That f6o Loaisvills and Cincinnati Railroad Com
Hamburg and Of oil tho charter privileges Of tho
Cannl and Railroad Company, alone had tho right
to build the branph TO Columbia.
| and Railroad Company in the South Carolus Rail-
road extended tho shartes Of tho Louis
cd TO It the exclusive privileges OF tho Canal and
Railroad Company. -:
That the eighteenth section OF the Sha5tof OF
OOnstEgsSoa f9E th,tsy,si5 yeaFa Of any road con-
Pfss so sat .hSf y EeSp sp
1 thersot To coaasia na sad
That whoshar the exclusive right u Tho South
Carolina Railroad Company is, referred y the ono
eh1ltsr or the otheF, Il q equally! giyan under
!, Be the argument wen o. tf0anaed, ooneede
that The 4eRisletpre had the tlght 70 safter the.
Columbia and AHgnstA Rosa, That ikaece NOT irns
H .as ct Kssas
sis EsSs of 10 seushE SsseIs 81 atesa bsia. sss
I'm T&dsE ahstteF, ina any otaaf sw saat hs son.
ent With, Ind not in anita sonim ita6ls rights;
GSnSsas i1t 4iss
g sIsroise the right g not "a Violate the rights
"a ssRsss aa.iss sR =
n cannot 10 denied that; ;thc right to mako. keep
eHf sSHfS 4 IT, Ef Hs%
~ ss s ( sls.y they sss esyG .; L. T.
track. Otherwise, this follows: that although ad-
to Q, she might ehartsr road from A TO b. and,
a. directly: The soaslaSion. dan iasiaaasrstss The
l'sss Nc :. sai sss
competing Toad .fsYeraes, to that eItont It de-
atTSys Ss thS ds,snaG oIala4iye Is,Pp1 privilege;
Tho, state could no. grant a oharter 70. road
G% sSa osubs and Augusta COMPANY with
which tho State could not give them power to do
Under their ehhEtor their power iis simply to
construct road hom Columbia to Augusta. There
Is no. authority given 70 them to CONSTRUCT their
road ola Graniteye, there La Eeceasity for them
to 60 uia Graniteyile, and they deaoct from their
full chartered rights without Infringing the rights
Of others. They deyiato to infringe.
The direct route may be moro costly ut the outset.
Experience has shown that In tho end the moat d.
reck is the mDst economical route, Butt the alas-
ton OF greater or leso coat cannot ontor into the
discussion. It was o matter to be considered be-
fore initiating tho work. There WAS no obligation
upon the company to build the road but there ia
an obligation not TO violate tho rights Of others.
In the leading base Of the Charles River bridge
and tho Warren Bridge III Petefs) both corpora
aons were chartered FOR tho Same purpose With the
Same privileges and BY tho same authority. No
elusive privileges were granted to the frat oorpo-
ration, and tho question was whether the State,
by the fret grant Of power, had diyested herself
OF her sovereignty qtoad that subject mattor as to
deprive her 2f the power Of granting equal privi-
legeg to another, Observation-Disclosures s-,-.s
In that case there wero no exclusive privileges;
here there are. There, the ,contesttwas between
The conflicting, eharters; hare the Sontesi ia be-
tween corporation With "a Eharter authoSiifhG the
road from Graniteyille 70 Hamburg and q company
having NO authority 80 construct q read hom
Graniteville to Hamburg, between 2: charter and
plies with It's full force rs Blaokaton6a OonnG On
farieB, 2l9; Yard o. Ford Sauhdars, I71; HqxtY:
"a. Field, a Orompton, AIillson & Roscoe{ Asa. The
1slington Market, g. Cl.p & Finn, b19; Gibbons o..
Ogden, A. John Oh, leo; Turnpiko Co, ps MillarA
John Oh. Ill; Stark os. McaoWan, Mott a
= the. Columbi. and Augusta Company; could