The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-17

considered the Court the general location of the defen
a1 y a CT, lis precise I and
their M n does pos aPpsss ea before the
No other question raised s than lass as stated by Judge
peMea mFs the e and is
cam2 No where and dd make that
which have neIa' 50 often adveTted
We have reached stage Of h bars b wnf
the question Of right between these
the Columbia and augusta Company proprietary
esp language of the Legislature any implications but nowith
these ghas have sd been drawn other
proper urion likely be lost unless this Court M
further proceedings BY pohibin and brings the back
hav, brought the Court the charter Of the
Act viii show what has been adjudgsd
Of W S ] auiaoy wn IKE nave
III H.
out their road along etc. point
ITO route M v sog
that the rad properly located the valley
located in the proper place that valley iaadea
@ b ss:: any S OF
etc. construct their road sos across the
argument but which unheeded that
s right o. Bo.oa Wsssl m Boston
cester saroud Company q b b. s5o a2s)
an Ac empowering their railroad
cd BY int 1 Of ss @ 4a % ss
Subject matter contemplated railroad and the existing
tn, Of the Legislature Il may Be fairly argued though there
naea & hs power Of s s III a as 5 ss M % r.
tsrn rat public and especially if the
such other important use, to be that the
s aa ss implication ai E
siss sbs ass 'y reasonable anu "'ts 'R'4
OF railroad definitely expressed such
ought not as & S nan sa a s 5 % on
be defeated would ID. 01 tive
conferred by them should have such an effect unless it were
vecaiy expressed,
Railroad Corpany os
Ue uos BY the are
grant W the and direction are not
but LETT 70 corporation ed between the mni authority
highway onyudnay other words take soadbs such
s their sb each Other the two sd are
been railroad companies general should have
TO lay e4s W s that ha
accompanied with full provisions sion for antsnns M such bur-
both modes travel consent with the safety of the travellers
that general intended such should be
gesn ut 57s But Legislature
grant power take land aTsady aa ano be
aon"
words IN the set give defendants authority they
arise from the Application Of the Act to the
subject matter 50 a A II aeaa to 1Ss u 1 M OF sn
with The subject another her line have been
M the and to accomplish the objects
wnc
presumption that the Legislature intended authorize the
taking OF the highway" "
reasonably order accomplish the object
locaes requires establish the
n referred three commissioners Of skill and
experience to report
authorized without
words implication IT.
not intended to be granted unless
clearly discovered in the Act ITSELF"
clearly with regard pedents thus
Booz within their ado
lion proceedings which would all rights OF a PARTIES with
out prejudice In the OF the Kemp the London
Lord Chancellor says: my only duty legal
equitable rights Of the parties not called point out w
mode executing the works and
which the Act OF Farant has sanctioned appears to
the v Chanceor order leaves matter
instance the lett in the
construction Of their parliamentary powers
whether
substitution the old
plaintiff lhen find that Is not in h
the Court sufficient time
ever the deal with the present their
rapid that before Cout could inepose
have original cha and be il state rendering
its original condition am told that
adopt and therefore
Jurisdiction Now consider that there cannot be useful
Court than in interfering ascertain the
powers which necessarily given oornpanies the variety
OF the Acts the necessity Of immediate interp
both there be jurisdiction constantly
respective be ueaned and then
oil
ought that jurisdiction. The have always
affected until the legal right be ocraned have
had shond not 10 deprive party Of what he Is