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

the other upon potin the Act of
existing which had been clearly and statute
book and tho General Assembly supposed the roads would
Take tho very to which your onor has referred When
tho Court of Errors decided ,hat the Columbus Augusta
Raroad Company could cross tho track o tAo oouh Carolina
Railroad near Columbia it emphacaly right OF way BY
neees nee They N were compelled 70 pass oyor o rack
the very of the charter The fixed and they
of tho roads named 1t was absolutely ght Of way by
necessity Yet what did the Court OF Errors declare? They
Judge WlardTlat sud in reference the joint
Mr. ConncrThat is all say here except that
tended and another branch of the question Wha,
property without an adjuiicaon of the right W. do not ask
your Honos TO judge the right but TO that tho right
Take rapid glance the papers and history of the ga
ton The first paper peton that filed return,
in which raised questions law right
hey should adjudgod tho properly should taken
from Tue of complain! is that stand boage
this Court dosoed of our property without Adjudication
rights Wo argued the question: before Judge Plat, and
that his Honor Of similar opinion, thought inor:iblY
Ito the order prayed for unless good aud sufficient ground
subsequently," oD nc 1ah OF bocTv pood with as
much consistent with respect that those
not SO orunate as to 10 able to carry Ills Honor with us
in that vow of the To his language "rogarng
under tho Act No ~ do not deem myself at liberty
tain and decide upon any asserted rights or except
of two thnsethcr decide the question OF right him
self or allow that question TO be decided before tho order for
leave the question of right bo determined by the judge
here on this prohibition It was urged that judge patt had
nothing to do with the question: but TO act mnerialy
be properly loft the decision Of tho Court Of Equity; but
when the before the Court OF Equity pressed
upon Judge Boozor with energy that Judge Pa had
nc this point and that he had right consider it. Had
Judge Patt left this question Judge Booze the counsel for
the side could have made tho which they
did, that what Judge Patt Sad but what he did that
was rs, d bi"ding ,d y. on Judge Boz Boozcr M A
Willard granting the juncton it only gave liberty to the
proof that they lave duly acquired the right to enter the
purpose of construction upon the premises claimed by tho COM
Mr. Conner-That the gst OF argument. We CON
tended that duy acquired" legally acquired and that
without ud gment determining right our anxious
desire that between tribunals tho question right
Jslss Willard piat decision p IT,
saton and have paid rendered it, they necessarily
buck to the 5 G0"rt % Of Equity in order s ,pnston
not only that they have rendered the compensation
m1ucon ordor Their Suit in cqn,v now pen,ns on the
equity side of the Court Of Common Pleas Kcan County
embraces the whole issue right and every point
proceed with their road"
it said Judge Boozer will decide tho right equity
cause but when wo to The equity cause it
Judge Boozcr behind
granted y Judge Pa,t Hero the that ,le CON-
pcnsnton has boen paid and by the pay the right
quired
Tho Chief 1usco-Do understand yon to say that tho
argument pressed that tho opinion Judge lla had
decided the question Of right?
Mr. MSmim'inyerTnat ii' Of e propositions
couhSei Will DC fair enough That many other
arguments used. ' ~
Mr. Conner-Yes but that The case
and there where the enod Judicial decision The
of Tantaus We had the law all could
not bring principle to bear Before Judge patt
Judge Boozrr will decide; before Judge Boozer said
Judge Plat had already decided and between stools
Ihe right down. May please Court was rcnarkl-
bly we'll donc.
rctorao that tho question Of has been
ANXIOUS we have bor to the question its merits
yet have had fair hearing Of The
ounn certain Of the has been presonted before
another tribunal certain other issues have been urged but there
has yet been tribunal before tho could
receive just hearing until wo reached this Court
The Chef Justlce-f Judge oozcr took the that
rght had been established it strikes that it of final
character, and you could have appealed
Mr. ConioiiIow could We? lo simply dissolved the in
Junction without comment There opinion given and
all know that his Honor filed an order to that
effect.
Now all the proceedings in the have printed and
are before ts Court except that order Judge Boozer which
is in manuscript and where YOU lay your finger upon line
in which this question Of right h', been adjudgcd?
Are we not entitled 20 that? We ask more Duv &c
Qured the point upon which laid all The
ole Judgment declaring that such right has
Deend ,l,