The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-01-29

words when within hundred to be
no trial of right but when outside hundred feet who is
to be the judge to the necessity of the purcell any of the pre-
they went outside Of n la @ , r @ t G M take the "nd; but if
aver what the law intended for the road and that question must be adj
Justice Wlarl-You would hardly draw the Inference I ,
South Carolina Railroad Company to-day claim hr the civ
of Charleston " hundred feet without question being
raised to the necessity of dpng hardly think that that was
the intention Of the
pncpe Mi T%a 1s j, is "n t" speak for 1 s and
question right by its exercise of eminent Jom'n YOU 90
Mr. Wird-f you coruc the statute ' s,ri ' i'm ,rd
to one hundred feet that the be involved in
Mr. McmmingcrBut tho furnishes principle we can work
upon % 1t gives US the w and Che great object of all law
justice by certain wclncd rules rule that is ran and
rp'c There can apply to every ' r,sa r
pceiHy to the considering because your Ilon will
see plainly that this matter Of preliminary tr really which
concerns the os"ct" of railroad II only by enterprise in
d"sty and perseverance th,t the Columbia and Augusta Railroad
Company my hyc been enabled to obtain credit c,u carry
work and TO impede 'hc this the would prac
cay niurc that credit and work of injury which would re-
come now to the third point and say That were such
a n AM an WAS M now W i" pros bers YOU" 's would have
pressing nothing but its rights, although parties lv c,ln, this
o" one " 1"nrd re fee feet right & of wy and ,nesc have created confusion
under the statute The Act of 1888 be in the Statutes
the land upon which the said now is or hcry
after ait may be CONSTRUCTED ttcr with space Of hundred feet
" 3 company by the owner owners thereof and the said company
enjoy the them and their Successors long as the same
% the ss csa only on b i "es Wir % 5 @ scr an" s"s %
passage the Act Of 1885, snys Here is j" the % bee on: c"nrac
defining smaller declaration the legislative Judgment that
uses OF the road here the right the re-
%'ndor M & after the purpose for which the prescribed granted
"ry inr and M here" n:eGy s;a % I " M the the "yner of
cation for assessment if he would not be forever buried
Then again it is declared that this base 50 as long as
that company uses for the purposes of the road but longer
Go" % n y it tt sf @ .% L""T "1o Hon rs there not sx reservation
by the road? Independent of the right of eminent domain
of road and if do liberty to enter
upon the same when pleas? Here for six and thirty years.
They have never used 3 Of it They did not disturb Is
particle of the soil There LES and they will not need the day
may not the State confer upon another ration the right reserved to
anything 1t merely using that which used for the
same purpose We have all travelled Charleston fire.
Railroad lying side by side without disturbance; rsbe
"snnce na ca" they make Ike unless they become boiges:
con "1 i'a% and ' m1 1$ " M " wy ] so %g t that IT. ] Of % @
questions here whatcvc suppose they owned in fee
smpe % absolute d%co %a that eoFor % their land with h
sion that because they hold this property protected from con-
you through your for five hne % v " would I Gf be e e
from from eondemnatlm Your on9rS know that if bring
the State something equivalent it Now they only grant
of a base s He & yet my M land WERE it even gran" % S fee " be
and it would be monstrou if it
But further say that granted to them for
their exclusive which still subject condemnation
ine other side have argued very Justly that when take
either implied Now the person who Act of 1868
seemed to be advised of that law In the old law there
which Eam claim poecon and that precisely what
the Act 1868 has removed The language plain
the heavens The Act Of 1868 That rt Of wav
which have hceorc hereafter BE- procured the ct.uc
ton Of highway shall be exempt from liability
to condemn The Legislature the law that whore
there an express grant there be Legislative authority inter
se with hence this explicit and clear provision which repealed
old law that has been cited and relied rights corn
1on under former statutes respected and parties forbidden
to invade their privileges destroy them for continues I
r@/ that IN the construction of such other highway
ntrance to the use and enjoyment of the highway for
Lands or right OF previously procured Pat there
@ FORE decided rsh IL. says this party claim to have cxccp
!on c'Se II the Court OF Chmccry the place vou but
shl with the other branch the cannot BE- tried
equity and shall ascertain what these lands worth and require YOU
tender the amount OF compensation really
cause for invching against such Could he say will
wait here quietly until Judge }ozer does things? No. But
he says will do what have do aud stand subject t., what
You huc cinn'i exceptional Court of Chanccry
winch Will take co@zncc Of the and that what
ought to be? What is the harm done? Why entered
Tor the purpose OF constructions Now submit to
statute the distinction that has
with reference to this matter We always distinguished
right OF property and the right for constructions I'm every
charter mp to the time the constitution framed railroad