The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-17
Tho south Carolina Railroad Company
and tho COlumbia and Augusta Rail-
road Company.

Az the questions at issue between the South
Carolina Railroad Company and the Columbia
and Augusta Railroad Company have been very
generally msusderstco cd. the South Carolina
Railroad Company, with view 70 the full and
proper presentation Of both sides Of the con-
troversy, retained o skilful stenoarapher to at
tend the session Of the Supreme Court in Co
lumbia, at the argument Of the prohibition
case. in which all the issues between the two
companies we're, by the nature Of the prQcesd-
ing, brought up for the decision OF the court.
The arguments Of the counsel for the South
Carolina Railroad Company, and those OF the
counsel Of tho Columbia and Augusta Railroad
Company, are alike presonted to our readers
in the supplement we issue to-day.
Without entering into any commentary upon
the merits Of the many questions raised in
the argument, two points appear to us worthy
Of considerations:
1st. That the South Carolina Railroad Com
r.:iy do not contest the right Of the Columbis
and Augusta Railroad Company to construct
their road, but simply their right to construct
1t upon the land Of the South Carolina Railroad
Company.
2d. That the question Of right between the
termination.
That the Columbia and Augusta Railroad
Company have Appropriated to their use lands
which belong to the South Carolina Railroad
Company is undoubted, for 1t 10 not denied.
Their right to do 80 ls the main issue, and upon
that the courts have hitherto boon ouriously
silent. 30 far as the companies themselves are
concerned the matters at issue between them
may be safely left to the guidance Of the coun-
sci "learned in the law who represent the re-
speotive companies. But outside of these
companies and their interests, the question 10
Of gravo Importance to the community at
large. Car corporation take land, build
upon and enjoy it without any legislative
grant or any judicial decision authorizing tho
appropriation ,.. ya4.ai.
1t would be reproach to the Jurisprudence
OF any civilized country if the rights of pro-
perty rested upon tenure so insecure. In
whose favor the right may ultimately be de-
terminsd, the community are net perhaps very
deeply interested; but that the right should be
determined, that the principle should be fully
and firmly established that the citizen can
not be deprived Of his property except by due
process OF law, is OF the highest importance,
and in that view We call att enton to the present
controversy, in which. as the papers show the
South Carolina Railroad Company has been
deprived of it's property, and is now despoiled
of it, without any competent legal authority
having decided that the Columbia and Augusta
Railroad Company had the right to take it. /,
8 A reference to the arguments will show that
all the questions have been most eenly and
zealously dis soussed. 1t is due, however, to
the South Carolina Railroad Company to say
that they endeavored to avoid the protracted
litie ation by the proposition TO refyr all the
matter in disp ;te to board Of arbitration.
composed of three members from es, ,h road.
Had this proposition been accepted and carried
out in Rood faith by the Columba and Augusta
Railroad, this lengthy and expensive litigation
might have been avoided. It is not too late,
we trust, tor wiser counsels to influence the
Columbia and Augusta Railroad Company, and
prompt speedy and equitable adjustment of
the dispute ~ ~ y'lJ ~