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

cation for jury shall b" scrreA upon President
"upon any director or local agent the corporation
Arc the maors referred to in tho section by just
srucon Of that as arc referred to in tho cob
section?
Railway, canal turnpike ohcr public highway"
only term used in the other Now will any one show
an authority where law relating highway been con
construed law relating to "raway?"
ga dedication OF land to the the public AZ highway
fold, p 3osS 'A' "'' u runway = led
The question has exercised tho York. whether
cross turnpike and it has been decided b ways
Il has bcon decided by the Supreme Court of that
Court of Errors that it did include such right
h line Utica and a. sGh9necady roa Company had the
but no authority to it for railroad Tho that
as owner of the turnpike; but liable damages to the adj
Joining proprietor Mahon Utica and Railroad Company
company having bought turnpike proceeded
purposes Of railway but the Courts held that although
entitled tit to the privileges Of railway.
The General Railroad Act Now York 1850 gives railroad
corporation power to construct its road "across along upon
any stream highway plank road" etc, and adds
hat shall restore the stream highway
but challenge the side to find case in
the books OF Now York which railroad corporation
another ar railroad What means "highway?" Bouv
ing from public places and denotes
way common to all travellers (IIardmg Mcdway 10 Met
4o9 Kent Com, $3.50 Can railway then be considered
pubic roadI Or is general law relating public roads,
there can be no doubt on these points.
No case has been found in which inercrcd
y any general relating roads with privileges oanother
railroad it must have the authority special statute Your
on0rs VIII bear with me while quote from American Rail
efendans although acting in and under authority
rom 'he State 10 not act properly speaking in its behalf
as It's agent or representative, with special
the benefit of the public roads or other
pubic improvements are made under the immediate direction
M suporihtehuece OF tho state its constituted
that purpose and for tho general and bonct of
be acquired for valuable considerations and for
the promotion of their direct and private advantage"
learned Judge says the question railroad com
panies becomes not between the State
on Tho extent and qualifications Of the charter OF eend
ants and tho obligations imposed upon them by that
the same case the Court speaks Of general law of the State
OF connecticut regulating highways and declares opinion
it was competent for the Legislature that have made
similar law III relation railways Not REGULATE
highways applicable railways; tlat ,w mig
carry demonstration further by legal than show
touching highways in not Of them has the regulation
extended to embrace the case of Il railway?
BY reference the tho 4th article of the
Will be seen that the qualified electors of each
who shall constitute Board County Commissioners which
shall have jurisdiction roads highways ferries bridges,
for county purposes etc Here is constitutional regulation
will Honors that this clause, evidently
OF their constitutions shall receive involve
power beyond that which it ever has had elsewhere?
The rights claimed by railroads. whether against nd-
vduas or against State matters that receive strict
road" right along "a road and You cannot
run along for the purpose - running, ~acro This point
is distinctly made in the of Smith a. Maine r.
field 2tGnoc) The of the Richmond Railroad
the Louisa Railroad Company, reported il 18Th How
ard n amilarly referred which establishes
tho right OF one road to another establishes nothing
more than the right Of tho Legislature by
authorize 1T to do and in that instance there special
grant in words to the road given point unless the
Richmond Railroad would consent to certain
In tho Of the West River Bridge Dix, C Howard
5O7 the question related to highway the Act of Vermont
1889, declaring that whenever there shall
new highway the Courts shall have power take any
estate easement franchise of turnpike other corpora
ton 1t was question between bridges but tho right
given by the Legislature to that special corporaon like
wise given in the OF the Boston and Lowell Railroad
Salem and Lowell Railroad, q Gray r. 1) Lowell and
Lawrence Railroad Boston and Lowell Railroad G. GRAY
Judge Willard DO yon take tho position that this rih Of
crossing only exist by grant in express terms, and
never arise by necessary implication?
Mr MagruthNot at all. maintain that grant may DO by
express words by necessary nlc;on bat that in
mode ii questioned it must be proved.
Now, your Honors will lind that Mother according
fniton of the "highway by any be
tho books has right given by Legislature highway been
considered right that could be claimed BY arrd Authorities
on subject of the most pontnd before and
reproduced fthe Court desires But this Nil shown
that in relation to highway the constitution has provided II
special jurisdiction tor their rcat ion, and Chat u :iction
does not embrace cognzanco questions railway may
that oOib br S.aos Of