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


ton and Inspections indeed of testimony varying according 70
the case Chancellor may assume the decision OF such
question but it is the safer a ana me pan when na
repue that they will generally direct an issue io the a o
such questions Court Of law competent to decide them
come now to look the charter Of the Columbia and
Augusta Rairodd Company for it there that find what
powers have been given to it. And desire to call your a1te
ton to this point that by the of 1853 az Sa 596 this
eornorton is formed for the construction of railroad son
practicable route from some point IN or near Inc C o
Columbia the Savannah River at or near the Town OF %
burg" etc. In 1863 when that charter was amended the
words "on the most practicable route were omitted ana as
speedly as nay be practicable were inserted instead
By the eighteenth section Of the charter OF 1868 pro-
vided hat said company shall have the right
to conduct the said road or along any puDic ROAD OF
course provided said company snail rot oosuct any
public road without constructing another equally as good and as
section 2O ain the absence Of any contract oc shall be
that the upon which the road be
with the space feet each side OF the centre OF the
road, has been granted to the comPany."
nv law to the use of the State within syfye feet OF the
centre of the road shall in the company Any grant Oh
the same thereafter "shan be void tar g.. ~.
Now may it please the Court submit that the answer to
the claim of the Columbia and Augusta Railroad Company
found in it's own charter will be observed that according
to amended of 1852 there is location marked but
construct as between tert only There
is no express language clear intent of the Legislature to
delegate without qualification the exercise OF eminent
domain Fortunately for tho extent OF the powers OF
railroad where its tsnnl simply given is question that
has passed into legal adjudication shall presently show
The eighteenth section give; the right When necessary 10
course and section restricts the corporation
from upon land which has been heretofore appror
ated by the law to the use of the State. .a .-~. .
JUDGE Wilard-Is that clause understood virtual
proprietary grant the State of all lands not otherwise appro
priated? .. $50.
claimed is that which has been already appropriated What
ever land corporation is authorized by charter to take from
an individual accepted thencetoh land appropriated oy
law to the use the State The Columbia and Augusta Hail
road Company however claim that under general grant
authority 10 construct road between certain tn right
to
appropriated by law another corporations and therefore
such to the State In other words the Columbia and
Augusta Railroad Company claim what Its carter especially
excludes it from claiming.
And now wish bring directly your notice the grant
of the right of way to the Columbia and Augusta Railroad
Company for sixy-fve feet submit that when corpo
ration goes before the Legislature of South Carolina asks
charter railroad and obtains the right to take
sxtyfve feet from the of the road that crcum
sance which every Court will consider in determining the
question of ntent of the Legislature location and
direction of theroad And when the General Assembly OF
this State gave the Columbia and Augusta Railroad Company
the power their ne and 10 take shve feet on
each side of the centre Of their road at time declaring
it shall take property lands already appropriated to the
use of the State within the power that coporaton
say it will take but twenty feet and by that procure the
Of a line upon which it could not 60 with its grant
of sixy-ve feet Its charter between the State
and corporation and the latter could not place the road
any land it was not expressly authorized to take The
right to locate the road carried with it the right to sixty
FIVE feet on each side its centre and the right xyfye
would give the right to the roadbed Itself OF the
urh Carolina Railroad Company Wherever the Columbia
charter gives it sxfve feet from its centre And Judge
Pa has power locate the line Of that road he has power
to deny that corporation incident 10 that line which
the charter gives If he has power locate the line upon the
right of way Of the South Carolina Railroad it only be
because is the right of the Columbia and Augusta Railroad
to have there its line and such its right he cannot fix
limit greater than its charter provides
Your Honors have had read to you the bill fled by the
South Carolina Railroad Company in the that before
Chancellor Carroll for the purpose showing that this line
controversy in that bl but the counsel the other side
have read you the Answer Of the Columbia and Augusta
Railroad Company denying that it in controversy Per-
supply the omission read low from the Answer of
the Columbia and Augusta Railroad Company
Furher these defendants say and admit that they have
"slad the line Of track extending from point the
"Charloe and South Carolina Railroad within the city limits
"of Columbia through the Town of Hamburg point the
Georgia Balroad within the city limits of Augusta. They
that the first surveys of said ue made early
"as the spring and summer Of 1854 under charter granted by
the Act of the General Assembly ratified the goth day Of
"Decembe A. D. 1853 but which repealed by the Act of
"the Assembly herenbore referred ratified the 2ls day
of December A. D. 1858 and that the surveys of the present
"ne being worked upon made early the fall Of
constructing their railroad track having commenced
"the grading in the fall of 1862 Granteve the line Of
"the railroad of copanants which Charleston and
Hamburg and subsequently at sundry points along this line
land that they have continued the since
"(except during few weeks after the march Of Gen.
Sherman's army through the state)
"Tey pressing that
grading adbe3 wholly entire
the constructing and completed costly
and the They admit that tho
ah2ed constructed does the track and lands Of the South Carolina
"Rairoad Company the the said track
"the Of the Greenyile and Columbia Railroad
"Genera does any manner the obligation contract made