The Camden journal. [volume] (Camden, S.C.) 1866-1891, 1869-02-27


dance to the use and enjoyment right way portion
property If there be any other objection be found the
than those have Indicated made the return
the REALTORS have been unable discover it. There much of
pon The proposition presented first form and then
in another first associated with and right and then
with another circumstance right but they resolve themselves after
all into the general objection that under the law Of the State and more
especially the Act Of 1861 authority whatever conferred these
defendants upon and take of the REALTORS
Now beg your HOnos observe that this return the aea
on where be found that these defendants peverng the
conferred them by the Act 1868 There nothing
but ty do not intimate that the defendants are misng power
thus bestowed that the land they proposed take
for the purposes of the Columbia and Augusta Railroad If there be
objection beg that the counsel Tor the other side Will lay
their finger upon it.
What objection there hen that Judge P ought have
dd which did not consider and adudge? So far relates the
of power the of the General Assembly frame such
Act this question made The Act not sought to be I'M
peached because in conflict with the provision of the constitution
which prohibits any State from passing law mpairng the
1t conceded the State had the do this
thing & that the General Assembly had the to author
ze The Columbia and Augusta Railroad Company take the land of
the South Carolina Railroad although covered by their of
say take the lands of that company within hundred
feet of the centre of their track either de the entry OF that
necessary for the construction of the Columbia and Augusta
Railroad conceded that the Legislature had right do th
the ground objection that they have not done it, The REALTORS
the defendants have authority under the Act because the grant
of such must by express enactment Judge t says
in effect does appear The South Carolina Railroad Company
made exception to the operation of this enactment but on
the contrary section eight of the Act declares aravey that no
lands right which have been heretofore procured for the con-
any highway shall be considered exempt from LA
bty to condemnation the right the be
condemned for the construction of any other highway
ask again. hen what there remaining be considered by
Judge P in order determine whether these defendants had right
to proceed under the Act of 1868? ~
It was duty defendants forth specifically the
of land desired for their road and they have done 1t was then
specifically and distinctly but they have done their return
hen there allegation that these defendants are claiming
land not needed de- for the of Ws Their @ @ hha @ pGis was Res
P ought have decided which he has not decided in order to enable
these defendants proceed under the Act Of 1868?
He has adudgd that that Act applicable all corporate com
panes those now existence and those heretofore existing that the
South Carolina Railroad Company not exception to the enactment
and hence the objection falls that such grant Of power only be
effective where it conferred in express terms or by necessary
cation.
Allow your Honors attention what further announced
in Judge Platts opinion
apparent from the reading of the entire Act that the Leg
encourage and invite capitalists from other States
invest their money railroad enterprises and other works OF in
ternal improvement South Carolina by adng them oil proper
facilities construction of their railroads and in the removal
far they could Of all prexisng obstacles and also to assure them
that other objection but the of hndranc their use and
enjoyment etc. of their road should be successfully urged
against them by company whose lands right OF way were thus
entered upon and thus used" .
Now when Judge Pa this decision and determined these
points, did follow and legal that these
ereupon entitled the Act of 1868 enter
upon the lands of the REALTORS anu have cndemned They pursued
the procedure indicated by The Act What more was
There was question the cononay the Act as to
any perverson of power conferred by it. What hen remained ob
Nothing Those points being determined there was nothing
more to adjudge. @5.F.- - -. t1.h.
But proceed further with the consideration the opinion pro
by Judge Pa It equally manifest that the General
Assembly intended confer and the Circuit and
him only the power and responsibility audicatng upon the
petition and of granting refusing grant the order prayed for
bill complaint been heretofore filed the equity side OF the
Court of Common Pleas for Rland County by these respondents
against these petitioners in which all their rights and claims now
asserted before set forth and insisted on Such sult Is s
pending in said Equity Court" ~. G.... ...
suggested hearing this before that the
securing rights both parties would be postpone any decision
upon petition rights of both had been
aVay the
and rule accordingly but on
rereadg the Ibecnme convinced that such ruling
plain path of duty The C Judge
transfer delegate portion Of power
Assembly aforesaid because felt derous
knowing what other Circuit Judge would deem and decide
Surely may please Court doubt the legal effect Of what was
P He constrained make the judgment did that the Co.
1865 uged that the lands Of the
the liability imposed the Act OF
1858? He was Obliged decide all the ORDER
and Honor clearly the obligation
reading Phs Regarding myself
the questions raised by the South Carolina Railroad company IN PP
Why? because egma involved in the case
In
the application were suggested which did
his Honor treated accordingly D9 Ieghta
pertinent Judge bound to DECIDE anu nc w W
proceeds character the various questions which
he passed and declined 0 consider. , .o..,
existing but the judicial of d
Gated b the General Assembly specially said Act aid
Srg s nryons un therefore entertain
rights objections except the simple one Oh mn
dnnc,' particularly specified in the Act ,,., ,..uu
these 10
His Honor do consider myself
decide asserted rights not @ n
@ @ @ ah 70 I cmnSnie: that the South