The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-02-11

which they had taken in the courts. HI
had heard from one of the counsel o.
the Columbia and Augusta Railroad Com
pany that two Offers had been made to the
South Carolina Railroad Company by the Co
Iumbia and Augusta Railroad Company for the
use of the track of the South Carolina Rail
road between Granltevillc and Augusta. One
proposal was to give the South Carolina Rail
road pro raia share of the receipts OF the
Columbia and Augusta Railroad between Co.
lumbia and Augusta. The other was to give
the South Carolina Railroad Company s10O OOC
for the use of their track to Augusta. Both
propositions, he understood, had been reject.
ed. If it was settled matter that the Colum-
bia and Augusta Railroad were to be permitted
to build separate track, it was certainly to
the advantage of the South Carolina Railroad
Company to accept one of these propositions
If there we're good reasons why both these
propositions should have been refused, he
would like to know them.
w: J. Magrath Esq, the President Of the road,
said that he was happy to answer the inqui-
ries Just made He had requested General
James Conner, tho solicitor of the road, to
make statement to the stockholders ~ th g
position Of the company in regard to the It'll
CATION with the Augusta Ra. a.lroad. He would
therefore leave the reply to that por! ion of the
iutcrrogatory to him, but as to the PROPOSE
tions which were said to have been made, be
wished to speak pointcdly and plainly. He
denied most emphatically that either one OR
the other had been made.
Colonel Yeadon said he could only reply
that no had the statement from the Hon. c,
G. Memminger, counsel for the Colum bia and
Augusta Railroad, and if these propositions
had not been made, he would like to know
fron the President what propositions had
been made.
Mr.. Magrath answered that it was known to
Mr.. Memminger that Mr.. Johnson, the Presi-
dent of the Columbia and Augusta Railroad,
had offered to give tue South Carolina Railroad
Company for the use of their track between
Granitevllle and Augusta, whatever the trains
orthe Columbia and Augusta Railroad COM
pany might earn between Granitevillc and
Augusta. To this proposition it had been re-
pled that the offer amounted to nothing, and
that the Columbia and Argusta Railroad had
never even offered pro rata of the amount of
earnings between Columbia and Augusta.
There was never anything said about money
compensation; and Mr.. johnson had never
claimed that his offer to give the South Caro-
lima Railroad what his trains earned between
Granitevile aud Augusta meant to give the
South Carolina Railroad Company pro rata
share of what was earned between Columbia
and Augusta. In reference to Mr. McmmiDger,
it was due to the directors to say that, i'll one
of his arguments in court, Mr.. Memminger had
made the same statement in regard to the two
propositions which had been repeated here,
and that The correctness Of the statement was
til IN and there denied.
Mr.. E. ". Seibels, of Ed2eicld, said that he
was afraid that there had been more personal
feeling manifested in tac conduct OF the dis
pute between the two companies than was for
the interest of the South Carolina Railroad.
He said tLat the interest of tho uP-country
seemed to bo ignored, and tho railroad
seemed to be managed by the officers OF
the company exclusively in the interest of the
large stockholders in Charleston. The curses
of the up-country against the South Carolina
Railroad lad been deep and loud. The people
complained that no sufficient facilities were
given to the planters. He said that if he had
time to go into the history of tho charters OF
1927 and 1928, he could show that the South
Carolina Railroad had no right to contend that
it was violation OF their rights TO build
road from Columbia to Augusta. He said that
the privilege Of granting new charter was
always reserved to the public.
The Columbia and Augusta Road, however,
had been constructed, and the Legislature had
granted q charter in 1858 and again in 1868
and the road progressed until 1867 before the
South Carolina Railroad said q word about it.
Where party allows obstructlons to b erect
ed, or permits any interference with theii
rights, and intend to resort to the courts
they should give proper notice. But the South
Carolina Railroad Company had remained quiet
for nine years. while tho Columbia and .-ugustu
Railroad was being constructed, and during
part Of that time the propositions OF the Co
luniba and Augusta Rlilroad, tor compro'
mise had been silently if not favoraby enter:
taiued. Theu, suddenly, an injunction had
becu applied for, and carried to the Supreme
.jourt and th0re defeated. Judge Plat
was then applied to by tho Columbia and Au
eusta Railroad Company for jury to assess
damages And it might be said here that II:
South Carolina Railroad COMPANY, Ill goIDS Il
Augusta, went out OF the direct line to touch
at Grantevillc, while thls point was On lbt
most direct Inc of the Columbia and Augusta
Rl lroad from Columbia TO Augusta. Lie hat
talked with the foreman OF the jury, and ht
had said that tho jur. had wlked ncar.y the
whole way from Augusta to Grlnitovlllo to mt
out what damages we're done. 1t va:
the opinion of tho foreman that nc
damage OF all had been done, but o.
the contrary the construction OF the Co!um
b,a and Augusta Railroad had been positive
benefit to the South Carohua Railroad. The
iury. however, had found verdict fer the cnor
NOUS sum OF s1l0. Tomorrow the samo judge
was to be applied to in order to have the ver
dict of the Jury sot aside, and the case referred
to another Jury. With what prospects OF sue
cess? In his opinion, aud that OF many per
sons in that section OF country, the n-xC jury
would find verdict Of twenty-five cents. Here
was q fne prospect for both roads. What prob
ability WIS there that the lawsuit would evel
be terminated with fourteen or sixteen lawyers
employed. and ra.iroads for thor chentSp Ii
his opinion it could result i'll nothing ut cX
nenso and disaster to the South Carolina Rail
road Company. Even If they succeeded II