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

to be claimed and exercised at will BY any Of
right construct railway, canal turnpike
highway? Can you believe that the intended to
dispense this great authority in manner so tng Gan
gerousthrowing it upon the community to be used
abused by anybody Has the power of eminent domain IN
all history ever been careessy given out And be-
limitation cannot express the idea Of MANNER
which the Courts Of this State should regard
better +t than o,a in the he sngaasa % Of Judge Willard
laws of this State feature elsewhere now generally
garded important for the protection Of properly
namely that and corporations authorized
the extraordinary powers of the eminent should
enter upon lands Of Others either with their
under the sanction Of judicial act determining the
acter and proper limitations of such authority ask
nothing than your ruling shall applied to this
My Rsass S e
construction made apply to railroads,
guide by which to administer that act thanis
recognized adopted in p Of the g shn
case? Not So Where eau you tld the o dhta
authority for the claim mas by he Cofumbia and
Railroad Company, to it's exercise 4 the eminent
Judge at Chambers reusin, 70 na' the defence Of
legal right conferred by graz ror the State
according to the law Of tb land pplicable
questions of freehold but selected By the
and accompanied by the Co anr making the
contrary any prescribed rsco.t zed legal mode
Judge Wilard-The question I" my mind is whether tho
remedy you seek lodged Court of Under
the law there transition and giving rise TO
interesting question The Circuit Judge is clothed with
general power he holds the Court Of Equity and
entertain both proceedings Is not his position
Judged not only legal matters but matters OF
growing out of the case? - -
Mr. Magrath-There was a remedy in equity r.JWi-
gave the remedy and when he made biz order
injunction it protection up to that point we had
the right of the Columbia and Augusta Railroad
been duly acquired that is the right lawfully
Judge Boozer considers thus acquired because
Pat has ordered jury con
demnaton of the right and Judge Patt ordered
compensation because injury could pc
Judge Boozer in hearing the motion to
ton would hear decide all the questions
And admitting eight applies to
proceedings which, if adopted, would
have not been adopted because the Judge has
construe the Act as we think your Honors
The difficulty has been that Judge Patt
Legislature gave him power to condemn but no power 70 IN
qure whether, in given case it intended to condemn
recur to the language Of the Act But the right OF
way said land and along such may
be condemned for the construction Of other
ude that in the construction of such other
hndrance the and enjoyment of the
which such lands right Of way previously
Your Honors will mark the limitations to the exercise
rghthe right way said land and the right way
"along such right of way What ls the demand
M 1.-THE said d. and bs
and lands claimed by the said South hahroao
Company" ,a.,st
All of these words may please the Court have
them xed precise and technical meanings but
elsewhere recognized to have had little weight dis
cusson. s.s3 ,.as>ss ;,
have shown your Honors that the right to cross road
does not involve the right "along for the
crossing; it involves simple right directly The Act
of the Legislature says said land and along
such right of way and the rule of construction strict
Suppose eighth section drawn with special reference
to the of the Columbia and Augusta Railroad 90
whether it mott whether the purpose was
general special who its author or by what
drawn but we may suppose anythngwha right couldsbe
claimed by that road? Chancellor Carroll in his decree
the right to parallel with the South Carolina
from Granevle to Hamburg the Chancellor sad that
their right If they claimed more under Act ~ tney coqa
only claim the right go "across or "ang and not upon
any existing right of way. z..s,,.
Then however the provso: Provided, that IN the
construction such other highway there be to
it's and enjoyment the highway for which such or
right way previously procured Suppose there
hndrance who tries Who has authority to try you
highway you have in nineteenth section of the fourth
article tribunal established for the purpose OF
directing and controlling that question but IN o.
hndranee railroads. who is to decide that pon
the County Commissioners for they have no authority 10
then The Judge before whom the application made
is the authority Hndrance made in the provso s
is therefore taken of the general provisions OF
Act If therefore, there is special provision made for ts
trial be tried according to law and In Perm ser
GUS these objections they not ana tne
tcn of hndrance assumed which, without
authority the Judge alone has right to declde ana
that having such right he entertain the question ou1 OF
Term time Honors that In the Medcal Co
lege case the Court of Appeals determined that 1uog
vacation could not entertain motion for c91o1 eAeeP'
in Term time unless by authority OF an ACT OF the
Nor can point tho law III South Cafona Dy WHICH
udne in authorized to decide question nVovng
tho dvesure Of legal rights? And if that questlon q legal
RIGHT involves matters OF fact resulting from
nowcr of Judge at Chambers decide it, where to
Il Nfy0cfJnr nf q