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

-, m1UiIl
oul aaint is not that Judge Platt did exercise usic
o nu that ne has isconceved the extent of his
Jursdictlon; tiat the Supreme Court inpert vlv
That there shall be preliminary trial, yc, Conformation
has been had @ without preliminary trial.
Judge W'lard-Has any application been made TO Tndo
pla uPe tho views now alleged arrest any equity
Mr. ndge says ha S' he oe Y
Judge Misunderstanding that case was made bsPc4ce
him, which you here that this verde, void unon
o' 1 connected with tho action Of the petitioners
entrance for construction? fnot where the remedy?
Previous to the Of Of Blake recornzcd
% General equity power as residing in tho Circuit Judge Io
cou determine the questions Of necessity nvuvcd in case
and appliances necessary ryody is there rund
to contend that under the 1868 such bower has BEEN
entirely dvested from the Circuit Judge?
Mr. ConnelIcro is the trouble may it please your Honor
ser the close OF the inqustion of the jury have
gone before Judge Patt again ground bu we wcc
met ny tins clause of his opinion already dcIivcrcd not
various by South Carolina Railroad I Conc mo
ay Ihey opposition the petition because
Court Of Equy to hear and decide upon general matters of dr
1s emfs srsng ts'0se zen M these 0o but judicial
sh0rc oy X SAID a act to- aid eni'c its povons and
upon any asserted rgs osc"s sge n M n @nu ouc ae
ImEa@1V 1ndms Widri pafc4lary Hut specified in The Aci
Judge Pias mind, that ho acting ministerial but
in in judicial eapaety Has he however been appealed to by
equity power growing out of the equity the transaction?
words I Of Bs . wa pr p'Ised M upon him. just exac the
% OF the % oo or of Ea that o hon be heard
the Judge when he said ho could entertain these onos
Judge winrd-Coud tho Judge set the verdict aside on
general grounds Suppose the ues openly hribed?
Mr. Conner-But that would only ha vay It would
What this Court to decide the oncsti" h m @ or M
legal right, and only be BY course Appcal and
manddmus will not reach it. Prohibition the remedy necu
ar appropriate to the because it brings the qno
ton before Honors And is proib,io. rs pcd
to Judge Pl1t; far he is conccrned his name may m
stricken out but ns applied to the proceedings order
of the Court, until the question OF right heard and do
| tcrmncd ~
We stand before this tribunal stripped ,ronortv This
rI has been. dci fi,n
and decided by ncthcr meanwhile land . been con-
dcmncd and the Columbia and Augusta Railroad NAV be con-
before the hcar upon lis merits W.
therefore, ask year IIonors to incrosc the nav M Ii
for the correction OF tho Ii mistake a5 boom m
mittcd bya subordinate tribunal r. and cynnt
nal OF the State to consue the statute and vr pnjon viii
hcnccforw'r be binding upon the the subordinate
and your Honors to establish the precedent which il to
govern the State the adulitaon ,r ,, ,'.n
cases likely to arise under this Act. '
Can your Honols lay down the princnc tlo yitbnnt o.
press terms IN inc Act OF the cgsoure and Without judicial
authority citizen be deprived his pro,rtv? AZ if
proposition Can this Court, in administering the iaw l; Ne II
rcction Of such error?
1t is conviction that you will do thus cxrcat the
subordinate tribunals from the embarrassment i'll which they
are placed by the absence OF we'll defined construction OF
! the Act which o action.
In bringing the here, feel that we have done our
duty Possibly Somo OF the papers might have been omitted
end that the rights Of all parties erca may be adj
Indicated in this test question. If after consideration it
snail be held that we have no right that the Columbia
Augusta railroad Company the power take only
our land but whatever else it needs the limits Of their
authority, and wo will strive work within The rule But we
ask that we may he longer made the viucnce
that longer have property from US and
that whenever into Court law, We may not en-.
counter tho shadowy and lusory PROCEEDINGS which have
protection of rights which is duty as it is tho prviern
OF Courts to grant i09'