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

have Indicated made in the return of
the reators m have been unable to discover it. There much of
in another first associated with right
with another right they resolve themselves after
all general objection under the law of the State and more
especially the Act of 1868 authority whatever conferred these
Now beg Ilonors observe alc-
ton is no where to be found that these defendants pevert the
conferred them by the no.
which of such an allegation They deny right
thus bestowed that the land they propd to o he % is mGs s
for the of the Columbia Augusta Railroad IF there be
What objection there then that Judge Platt ought
sidered which he did consider adjuge?
possession of the part of the General Assembly
peached because in conflict with the provision the
which prohibits any State from passing law mpairng the obligation
thing fit that the General Assembly right author
ize the Columbia and Augusta Railroad Company take
the South Carolina Railroad although covered by their right of
that take the lands that company hundred
land for the construction of the Columbia and Augusta
Railroad conceded that the Legislature had right do this
say % ,e defendants ants nave no authority under the Act because the grant
Of s%sn % power & must appear by cypress enactment Judge a
the contrary Section eight Of the Act declares @ armawe u ut @ %"
lands right which procured for the
srucon of highway shall be considered exempt
condemned for construction of any other highway"
ask again. then what was there remaining to be considered by
to proceed under the Act of 1868?
the duty of these defendants forth specifically po
ton of land desired for their road they then
upon the REALTORS set forth the grounds of their objection
distinctly; they
repeat tcn there allegation that these defendants claiming
ama not needed @ tor the purposes their road That point not
Ptt ought have not decided in order to enable
these defendants to proceed under the Act of 1868?
lie has adudgcd that that Act applicable corporate
those now existence and those heretofore existing; that
@ so%h o orona INA kaa Company not exception to the
effective where it is conferred express necessary mp
cation.
Allow me to your ITonors further announced
in Judge Phtts opinion.
1T from the reading entire Act that the Icg
aure intended to and invite capitalists other
to invest their money in railroad and other works of
ernai Improvement in South Carolina by aod them ali proper
facilities in the construction of their railroads removal
lar as 'ey could all peexng Obstacles and also them
t no other objection but the of hindncc their and
enjoyment etc. of their road should be successfully urged
entered upon and thus uie whose ' OF right OF way were thus
Now when Judge Plat made this decision
defendants hcreup entitled the 1865 enter
upon T the Lands of the rcators and have cnemncd They
the course procedure indicated by the Act What required?
nere WAS n" question as to the the Act as to
decided Nothing Those points being determined there nothing
But let proceed further with the consideration opinion
nomccd by Judge Phtt 1t equally manifest that the General
assembly @ YIN Intended I to confer and impose the Circuit Judge and
petition pet and Of granting or refusing to grant the order prayed for
Court Of Common County, by respondents
against these petitioners in which all their rights and claims
pending n said Equity Court"
mode wa" sss The Just the s as f @ this s Spna % @ aay % ss S
J % 's 's cssr until rhi s Esp @ s % % ss
@ a, sn sss ;s 9s IT, d but ;Sa ss ;s
s1H !.'s @ II rs'1
esail because he felt
| right
o
b and augusta Railroad Company entitled the Act
adudged
liability Act
o do
constituted judicial
M'y " sn,r nss; t1a; i.1 ~
] M an" ssn Suggested $50 !ss % 's ~s Rpi d nSt of
the of
to all questions o he
. he passed declined toe consilcr
between these companies but ns the judicial officer
"hd at liberty
onco
| cifcl in the Act'
| are o be under soodI literally
is ono obviously
o n,renct twha he
mas just iece! Only the his of
was To all
10 assure All persons
MS Judgment? Why a"nd'y van