The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-01-07

road Company.
Most persons are aware that for more
than two years the courts =. the State have
been frequently invoked by the South Car
dina Railroad Company and the Columbis
and Augusta Railroad, in relation to the
rights claimed by the latter corporation in
the course of the construction of its road
from Columbia to Hamburg. Technica,
legal proceedings ore of but little interest
to the general public; but in the Eroceed-
ings of which we speak, the principles in
volved are 30 important, and the develop
ments have been so startling, even to the
mos: unprejudioed mind, that it has be-
come matter of consequence that the pub
lie should have in its possession state
ment Of the facts of the case, from its be-
ginning up to the adjournment of the jury
of assessment on Saturday last.
The Columbia and Augusta Railroad was
first incorporated in 1858, and in 1868 its
charter was amended by the General AS
sembly. Under this amended charter the
company was organized, and is still carried
on. Work upon the road was begun, and
after this had progressed for some time the
Columbia and Augusta Railroad claimed
the right to cross the track Of the South
Carolina Railroad at Columbia. The South
Carolina Railroad contested this right, and
proceedings in the courts of the State were
at once instituted. In these proceedings
two leading questions were discussed. /.
Whether there could be the valid grant of
charter to the Columbia and Augusta
Railroad; and 2. If there could be such q
grant, whether road might be built, under
that grant, from Graniteville to Hamburg.
The Court of Errors, in deciding that the
Columbia and Augusta Railroad had the
right to cross the track of the South Caro-
lima Railroad near Columbia, decided also
that the former company could connect,
by railroad, the towns of Columbia and
Hamburg. But in giving this decision, the
court held that the privileges so given to
the Columbia and Augusta Railroad were
to be used with extraordinary care, and in
subordination to the rights and privileges
of the South Carolina Railroad Company,
which should not be disturbed in the free
use and enjoyment of its own road for the
legitimate purposes of the business con-
templated by its charter. So far, as to the
action of the Court of Errors of the State
of South Carolina.
Between the time of the delivery of the
decision of Chancellor Carrsll-before whom
the case was first hesrd-snd the time Of
the delivery of the decision of the Court of
Errors, the Columbia and Augusta Railroad
made application before Judge Aldrich for
the appointment Of FIVE commissioners to
value the lands of the South Carolina Rail-
road Company adjacent to the depot of this
company at Grsniteville, in order that the
right of wsy over those lands might be had
by the Columbia and Augusta Railroad fer
constructing their road according to their
charter. Judge Aldrioh refused the appli-
cation: first, because it was not made in
proper form; and second, because there
was no evidence that, in granting charter
to the Columbia and Augusta Railroad, the
Legislature intended 10 take away any of
the rights Of, or affect the grant which had
been made to the South Carolina Railroad
Company; and, moreover, that the land
which the applicant sought was not neces-
sary for the purpose of completing his road.
The court also said that the directors of
the Columbia and Augusta Railroad did
not themselves think that this right of way
at Graniteville was necessary until they
found that they were prevented by the
South Carolina Railroad from making use
of temporary track, when, to save haul
ing distance of half a mile, they, by res
olution of their board, changed the main
track and made the diverging track the
main track.
The General Assembly of the Slate, in
September last, passed s'Ar act to declare
the manner by which the lands. or the right
of way over the. lands, of persons or corpo-
rations may be taken for the construction
and uses Of railways and other works of
internal improvement" The eighth section
of this oct is as follows:
VIII. That 10 lands or right of way which
have heretofore, or may hereafter be, procured
for tho construction or use Of any highway shall
be considered exempt from liability to con-
demnation; but the right Vt way over said land
and across or along such right of way may be
condemned for the construction Of any other
highway: Provided, That in the construction Of
such other highway there be 10 hindrance to
the use and enjoyment Of the highway for
which such lands or right Of way were pre-
viously procured; and in all such cases notice Of
tho application for a jury shall be served upon
the president Of the corporation whose lands
or right Of way shall be required. or upon any
director OF local agent of the corporation.
So the case stood when the Columbia and
Augusta Railroad made motion before
Judge Platt to condemn the lands and right
of way of the South Carolina Railroad, for
the construction of the track of the COM
pany between Graniteville and Hamburg.
This motion was refused, because the no.