The Camden journal. [volume] (Camden, S.C.) 1866-1891, 1869-02-27

lcould not come up By appeal and that even would
be ruin side the other be done py
Our complaint is Judge Patt did not exercise
but that the and extent OF
Jurisdiction that the Supreme
that there shall be preliminary trial, ye
has been had without preliminary triai w 81 r.
Judge Wlard-Has any application been made Judge
Patt upon the views arrest under
powers he may the pf
Judge Willard Assuming that The mads before
HIM which you here THAI this verdict is void
grounds connected with The action the would
that lodge any power the to enon the actual
entrance for consruction not where would femedy
Previous to the statute of 1863 Blake recognized
general equity power residing Circuit Judge be-
could determine the questions Of
and appliances necessary enforce remedy ground
that the Act Of 1868 has been
entirely dyested from the Circuit Judge
ConnerHere the troabe may it please Honor
After the close of the inquisiion Of the world have
gone before Judge Patt but we
by this clause of his opinion already delivered 81 do
feel at liberty entertain and adjudicate most Of
various questions raised by the South Carolina Railroad Com
pany opposition the petition, because
the egitinatey involved in the case Il am not sitting
Court of Equity hear decide upon general matters Of dB
ssas erag 6aosen these two companies but as the judicial
sofeer indicated by the General Assembly and specially
sstrueted by said Act enforcing
therefore do nat consider myself as at and d.
p9 assssia @ sasesS s s
Judge Wilard-But this seems 10 beer
Judge Plats mind that be not ministerial
lin judicial capacity Has he however been appealed to
parties before him. Tint sested Of
|equty power growing out of the
Mr. Conner pressed upon him jast exactly in
words he sond either here and determine
question of right that it should be heard and
determined by Court Of Equity go back
the Judge when he said he could not enerta these que
tons? s4
Judge Wiardcoud not Judge verdict aside on
general grounds Suppose the jures were openly
Mr. Conner-But that would only reach half way 1T would
only decide order
What this Court to decide question who has
legal right and canony be by course Appeal
andam,s will reach it, Prohibition the remedy Ieou
ary appropriate to the because the whole
ton before your Honore And not
to Judge Pla far he concerned his may be
stricken out applied the proceedings under
of the Court until the question OF right rs heard and
termined. = s@e e-s.sss5s, ,sassss. 4ss ssd
question of right has been banded from Court another
and decided BY neither meanwhile land has been
ldemned and the Columbia and Augusta Railroad may
sruced before the cause can be heard upon
therefore, ask your Honors this
for the correction of the mistake has been
med by subordinate tribunal to the nature and extent
jurisdiction is the this the
Of the State consrue the statute and your
henceorward be binding upon the action of the
Courts the first time such question has been prsered
and your Honors to establish the precedent which
govern the State hereafter in the adjudication Of
leases likely to arise under this Act stSs
Can your Honors lay down tho principle that
press terms in the Act of the Legislature
authority citizen can be deprived sit
nropostion. Can this Court, IL adIainsering @ law
here2 your dnty nterpose
1reetion of such error2 i
II sour conviction you will do and thus
subordinate tribunals. from the
are placed by the absence Of well defined OF
the Act, which concert of action. ss
In bringing the here feel that have done
duty Possibly of the papers have been omitted
but we preferred to lay every before your Honor
end thatthe rights of now and hereafter may be
Indicated in this test question If alter calm consideration
shall be held that we have right that the Columbia
Augusta Railroad Company have the take not only
our land but whatever else it needs mark the limits of their
authority and viii strive to work within therule But we
ask may be longer made the victims Of violence
may longer have property forced from and
that whenever into Court of law, may not
counter the shadowy and lusory proceedings which hav
characterized the present but the rea substantial
protection of rights which is the duty is the privilege
Of Courts to grant
ARGUMENT OF Hon A:G MAaRArH COUNSEL SoUTH
CAROLINA RAILROAD COMPANY. ~ 4sss
Nay please your HonorS supposed had passed that
stage OF this cause when anything that could be said would
excite surprise but great hitherto has been my astonish
men confess my learned friend who has just resumed his
has surpassed all that has gone before the bdness