The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1869-05-13
refu,al to treat would cause an abandon


ment of the enterprise? That the Co
lumbia and Augusta Railroad Company
would not or could not, in the face of
such refusal, complete separate track to
Augusta? Did they suppose that 'our
business" could be retained by such rcfu-
sal-that the community and the busi-
ness world would recognize such claim to
''our business" and retase TO employ the
agency of tire Columbia and Augusta
Railroad when completed? apprehend
that the people of South Carolina and
Georgia, to say nothing of the world be-
yond, are rot aware that the South Caro-
lima Railroad Company has an absolute
property in the transportation of passen-
gers and freights. They do not recognize
that any railroad has lien upon their
persons and property as against all other
roads; and, unfortunately for such pre-
tensions claim on the part of the South
Carolina Railroad Company, the Courts
of the State had decided that, however
exclusive may bc their right to conduct
the transportation between Augusta and:
Charleston and between Columbia and
Charleston, no such right exists or has
ever existed as TO the transportation be-
tween Columbia and Augusta.
In addition to the two propositions
contained in the communications of the
10Th September and of the 2lst October
the Columbia and Augusta Railroad
Company have, within tho last three
years, submitted rs many as five or six
other propositions through the President,
their Chief Engineer and Directors, invl-
ting negotiations. Some of these over
lures were in no manner noticed; others
were simply rejected; and only in reply
to the proposition of the 2lst October
was any reason assigned for its rejection,
and that reason was simply that the offer
was not sufficient. Besides these several
propositions, the Direction of the Colum.
bia and Augusta Railroad Company ap-
pointed special committee of Directors,
consisting of Coloncls Childs and Gibbs,
and Foster Blodgctt. Esq, then the May
or of Augusta, to confer with similar
committee from the Directors of the
South Carolina Railroad Company, and
negotiate terms of adjustment between
tho two companies. This committee
went to Charleston and in an interview
With a committee of the Direction of the
South Carolina Railroad Company were
told "tllat all these questions had been
referred 10 the Courts and they would
have to be there decideJ!'
After the decision by the Court OF Err
rors, determining every question of right
at issue between the two Companies the
Columbia and Augusta Railroad Compa-
ny had reason to suppose that all merely
factious opposition would be yielded, and
that the decision of the Court would be
acquesccd in. In July, 1868, however,
when the Road was about to reach Gran
iteviIe, where its location required an en-
trance upon the lands OF the SonLh Caro-.
lima Railroad Company, communication
was addr, ssed to Mr. Magrath by one OF
the Directors of the Columbia and An
gusta Railroad Company asking him to
unite in the selection Of commissioners to
assess the damages for the land equired.
In reply thereto the following letter was
received from Mr. MaSrath;
CHARLESTON, S. c., 25th July, 1868
Dear Sir: In reply to your communion
tion requesting that this Company should
unite with the Columbia and Augusta
Company in an application to Judge for
the appointment of Commission, etc.,
beg to say, after conference with mem
bers of the Board, that we decline to take
any steps Uhich, directly or indirectly, 'oould
tnvolre an admission Of the right Of the
Columbia and Augusta Company to build a
Railroad from Gramiteuilie to Augusta;
and that further in any event, we regard
our "Right.of Way" as y peculiar posses
sion, ard not the subject of condemnation
and assessment,
Very respectfully,
(SigncdD W. j. MAaRArH,
President.
To J. G. GIBBEs. Esq, Columbia, S. G.