The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-17

dance and enjoyment Of their of way that portion
of their property IF there be any other objection to be found in the
mass of statement have indicated made the return
the REALTORS have been unable discover it. There muh OF
pfcaon The proposition presented first form and then
another first associated with one right and then
with another and right but they resolve themselves after
all the general objection that under the law OF the State and more
especially the Act Of 1862 authority whatever conferred on these
upon and take the lands OF the REALTORS
Now beg Hnors to observe that in this return the aeg
on where to be found that these defendants pvertng the
power conferred upon them H the Act s3s line htre M mol o
but they do not intimate that the defendants msusng the power
thus bestowed that the land they proposed take not necessary
for the purposes of the Columbia and Augusta Railroad there be
such objection beg that the counsel for the other side will lay
their finger upon it.
What objection was there he Judge Pat ought have
sdered which did consider and dudg2 So relates the
possession of power the part the General Assembly frame such
this question made The Act not sought to be I'M
peached conflict with the provision Of the constitution
which prohibits any State from passing law mparng the
of 1t conceded that the State had the to DO this
thing that the General Assembly had the right to author
the Columbia and Augusta Railroad Company to take the land OF
the South Carolina Railroad although covered by their Of
that say take the lands of that company within hundred
feet of the of their track either d if the entry OF that
land necessary the construction of the Columbia and Augusta
Railroad 1t conceded that the Legislature had right DO this
bu the ground of objection is that they The reators
saw the defendants have authority under the Act because the grant
of such power appear enactment Judge Pat
effect does appear The South Carolina Railroad Company
the contrary section eight the Act declares amaivey that no
right which have been heretofore procured for the con-
highway shall
by to condemnation but the right of the be
condemned for the construction Of any other highway
ask again. then, what there remaining to be y
Judge P determine whether these defendants mad nt
to proceed under the Act Of 1852
It the duty of these defendants set forth specifically the por
of land desired for their road and they have done 1t was then
incumbent upon the forth the grounds OF their objection
specifically and distinctly but they have done their return
repeat he allegation that these defendants claiming
needed for the purposes of their road That point not
presented to his Honor Judge Pat What hen there which Judge
a to have decided which he has not decided in order to enable
these defendants proceed under the Act of 1868?
He adjudged that that Act applicable to all corporate
pnie those existence and those heretofore exstng that the
South Carolina Railroad Company not an exception to the
effective where is conferred terms by necessary mp
cation l..t....l.
Allow your Honos attention what further announced
apparent from reading of the entire Act that the Leg
atu encourage and invite capitalists from other States
to invest money railroad enterprises and other works OF
terna improvement South Carolina adng them all proper
facilities in the construction of their railroads. and in the removal 80
far they could all peexng obstaces and also to assure them
that other objection but the of hindrance their use and
enjoyment etc. of their road should be successfully urged
them by whose lands right OF way were hus
entered upon and thus used. -.
Now when Judge Pt made this decision and determined these
points, did follow necessary and legal that these
defendants heeupon entitled under the Act OF 1905 70 en
upon the REALTORS and have condemned They
procedure indicated the Act
There question the the Ac none as to
conferred by it, What en remained to be
decded Nothing Those points being determined there was nothing
more to adjudge.
further with consideration The opinion
nounced by Judge Patt It equally manifest that the General
Assembly intended and impose the Circuit Judge and
him only the power and responsibility of adudicatng upon the
petition granting refusing the order prayed for
m complaint has been heretofore filed the equity side OF the
Court of Common Pleas for Rhand County, by these respondents
against these petitioners which all their rights and claims now
before forth and insisted Such suit Is still
pending in said Equity Court"
suggested the hearing of this matter before me- that the sare
me petition ao5os
that This suggestion struck avn tne
lection eadng that such ruling by
departure from plain path of duty The Circuit Judge
section right transfer delegate portion ms power
responsibility trunal neither would ha bc delaying
General Assembly aforesaid because nc ie
knowing Circuit Judge would deem and decide TO
right andproper" ,..-..
doubt the legal effect OF what as
make judgment he did that the Co.
umb entitled under the Act
did he adjud that the lands OF n
Carolina Railroad Company subject the liability imposed Y Inc Acs
him
reading Phts
therefore, under the Act No. A.
scd by the South Carolina Railroad Company IN opp
o the petition :,
application If there question suggested which DID not
and his Honor treated But Iegard
questions pertinent the the Judge was bound Decide anu o d
ltcrmine accordingly.
the various questions
he nnd declined consider
sitting of Equity to hear and decide upon general
existing companies but tho judicial officer nd
General Assembly, and specially instructed by ad ACT 70 ao n
forcing provisions consider myself liberty entertain
decide asserted rights objections except inc simple ono
drance, particularly specified in the Act ,., r.u
Now these to be understood literally
obviously do consider myself M
Will Onors understand him reverse nnd et what
his decision that the Act OF 1908