The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-03-23
Columbia and AnrnaIa oonmnanxs g bnilss ( r.,i

by the Court OF Errors, the. ssignihcanoe of this
suiced to dispe all hopes Of negoti ation but Tho
Columbia and Augusta Company were not in .
condition to invite foster antagonism. They
were struggling with -pecunisry difficulties and
embarrassments Their credit abroad had been
impaired by the litigation, and their interest was
deeply involved in the adjustment of all matters
OF controversy in the most pleasant and mutually
advantageous manner. They, therefore, persisted
IN their Efforts to treat they were anxious to avoid
interest impellel them to desire the use of the
South Carolina Railroad track; they were interest
bridge across tho Savannah; their location from
Graniteyille to Hamburg was necessarily upon tho
right OF way" OF the South Carolina Railroad Com
pany, for, according to the sworn statement OF
Mr. Mayrath himself, that location was ''the only
practicable location between those point s'-ail
these matters impellod tho Augusta and Columbia
halroad company to desire an amicabe arrange
ment, and to this end they spared no effort At
no time, however were they able to draw from the
TresiSsnt r q that company any single proposition
would be entertained
fhs refusal to treat, or to invite or suggest any
proposition which might lead to treaty, the Co
!umbia and Augusta Railroad Company we'll
knew resulted from the singular views entertained
''e!clusive rights and franchises OF his COMPANY,
and not to the further idea that their fright Of
way was peculiar possession and not tho subject
Of condemnation and assessment" These views
singhlarly opposed as they were to the opinion Of
the highest judicial tribunal of the State, and to
the opinions Of eminent jurists i'll this country
and England, led to denial of the very richt Of
tho Columbia and Augusta Railroad Company to
construct their road; to denial of the authority
OF the charter granted in 1853 and amended in
1868 and 1865; to the contraverting of the validity
OF the Act of 1868 prescribing the mode of assess
ing damages Tor appropriations of right of way;
issues which have been thrown into tho case
some auusion to the history and course of the
litigation will be excused. The construction of the
Ann 10 Pail
IN 1853, andwas continued until Interrupted by
the advance OF the Federal army in February 1865
soon thereafter the work was resumed, and was
.oontnued without interruption until the spring of
1867. In April, 1867, the South Carolina Railroad
Company, after having slept for near four years
having quietly watch he'd the Expenditure
by the Columbia and Augusta Railroad Company
OF nearly million Of dollars. fled bill to cnjoin
that such q railroad was in derogation of their
chartered rights. Ths bill was twice argued be-
fore Chancellor Carroll, on two distinct motions,
Junction pendente lite. Both applications woro de-
cded adversely to the prayer OF the BILL after able
and thorough argument, The cause was then
heard in December, 1867, before the Court of En-
rors, and the decree Of the Chancellor on Circnit
was sustained In this first bill the right OF the
Oolumbia and Augusta Railroad Company to con-
meet Columbia and Augusta by railroad was do
niedI their right to cross the track of the South
Caroline Railroad, near Columbia, was denied;
their right to connect Granieville and Hamburg
was denied; and their right to construct their rail
road between Graniteville and Hamburg upon tho
right OF way Of the South Carolina Railroad was
fact was distinctly brought to tho view of the
'Coui upon the affidavit Of Mr. Magrath, land was
not denied by the Columbia and Angusta Rairoad
Company,( that the location of the road from
Granitevillo to Augusta WAS upon the right of way
Of the South Carolina Railroad, and Within ffty
rect OF their o main track and that was the only
in the bill, were all adjudged Adversely to the
claim of the South Carolina Railroad Company,
ana and, with, them were adjudged every principle
which Is now involved in the pending litigation.
Only one new feature was presented by the bill
filed in October. 1868 and that was as to the right
of entry upon the lands of the South Carolina Rail
road Company without the previous compensa-
tion required by the Constitution and Act Of 1865
The difficulties which met the Columbia and Au-
gusta halroad Company i'll reference to the puy-
ment or this compensation, WAS that every effort
TO that end was resisted by the South Carolina
hailroad Company. Not only did they refuse to
unite in the selection of commits sionors for that
purpose, but resisted every effort which was made
TO TO procure them to be appointed by the Court
ngst before har Judge Adrich in October 1867 and
The application to Judge Platt has been. in tho
hrst Instance, granted and an order issued tor the
epa1fhen9g @ IN 1sesg u n GGmpensation jury under the
aside, on motion OF the South Carolina Railroad
Company, based upon the oath OF Mr.. Magrath,
that he had not refused permission to enter s;mna,
:.:c passage of the Act of 1868 Notwithstandno
the fact that this action had been a persistent re
iosal from beginning to end; notwithstanding his
80 - - VI tne zotn OF July; notwithstand
ing the iaot that this motion to defeat the exocu-
ton OF the order was in itself a refusal vet he
MADE de oath that he had refused since the Act
ya ol o1 was passed and as proof Of such refusal
;op Ias Fee IN order to give the Judge urisdc
granted. t,qtt 'n0 oioer' was
PIE I'M the s Of the motion before Judge
oiio te neGHnH Sni ior Injunction filed and
join the prosecution of the work until the cause
should be heard This bill. have already said
presented no new feature, except as to the matte,
Of previous compensation And it il snmnw
remarkable that, notwithstanding the persisent
efor.s OF the ne south Carolina Railroad Company
Pensation, the fact that Compensation had o1l nnt
been ascertained and paid was urged az an eanitv
emitting them to a temporary Injunction. and n9