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

his action thus took correct view of the order
pressed with myself that could have got before
should have moved dissolve the injunction have great faith
that the circumstances the same, could successfully
have said all ought say, doing justice to
tho and particularly to the venerable Judge who has asaled
here to omit further asio the grounds
our opponents claim that the proceedings the before him
third ground is That the Legislature of the Carolina
the Act No. AZ did not intend either by
cssary implication give railroad corporation the power
disturb invade affect destroy the franchises of another corpora
State government the eighth section of the same Act
to Legislature did not intend do than by express
liability condemnation that right power was and is
the right and of domain itself of the highest
the legislative department of the government of the
pOaon must be shown by enactment implication
neesy that it equivalent enactment and that
corporation by obtaining charter build railroad would
thereby obtain delegation of the sovereign power of the State
also the rccxsng grant of franchise by the State to other
"hat there could be legal condemnation of lands rights
wy under said Act No. ~ until the legal right of the Columbia and
"r had been adudged by the competent tribunals the State That
the Act Of 1868 and that according the settled law the
State of South Carolina whenever the right of the petitioner CON
tested there must be preliminary trial and adjudication of that
question before the order for mpaning jury be made
submit that that mistake and that the order by the Judge
matter for his discretion When how trial to be had also
for his determination If he had have ordered
and it for him determine how the preliminary trial should be
had if had ALL That such investigation of the right be
where the gentlemen find any statutes grounds
proposition If the Judge seeing the railroad ina certain condition.
not be and delay consequence he certainly could
e. on @ the jury obtain the &c and
because he has exercised that right the result of his action there
fore the subject of prohibition But to continue.
Fifth That and by the of the South Carolina Railroad
Company and the and return of the filed before
Company put ISSUE duty
Honor Judge Plat have heard and decided the question Of right
the have been heard and decided before granting the
g order to impane jury
sxh That procedng having been instituted the equity side
the Circuit Court for Rcand County the legal right
columbia and Augusta Railroad Company condemn the lands and
said proceedings equity having been brought the attention his
ono Judge P in the return of the South Carolina Railroad
Jury until the question of legal right had been adudged in said
differently Prohibition stop something and do know how
you are to get at this matter by such writ He has already decided
question: and consequently prohibit ALL something
Sevcnh That although his Honor Judge Ptt in his order of De-
ccmbcr did declare that under the his u-
diea and not merely ministerial and that he the only con
mandates he refused entertain decide upon
Se5P Sq'a ana dsse the so n I I @ a D dso I
Of fact which should properly have been heard and decided
Your Honors will permit Observe
reference to the opinion of Judge M entirely outside Of the matter
have based his order upon very reasoning
well that it of allow the opinion
Court to be read The opinion not the Judgment the
decree the order with which have deal and what did Judge
a i Of % na V W shG" h be and decide the
but the question of hindanc of decision
friends the other sde and the only which that be
ced by taking the matter before the Court which week
Edgefd apprehend that the appeal everything When
appeal compensation the whole again before Judge
Ptt and if has been will then there
it. The law this subject THAT from the crdcts rendered
it shall be the right Of either appeal the first term of the
"Ccuit Court ensuing the county, and the hearing of
"such appeal if the Court shall be satisfied of the reasonable succny
the grounds issue shall be ordered in which the appellant shall
be the and tho question Of compensation shall be heeup sub
mtted jury Court whose verdict shall be final and
cusv unless writ of trial shall be ordered by the
"Supremc Court"
This whole matter therefore be reviewed by Judge P and
if he still rules wrongly the remedy by prohibition but by
writ of Why should you undertake change this law Is it
not sufficient that the be brought before by writ Of
error?
Eighth That his Honor Judge P granting the order of
December H. mpnelng jury did declare in the opinion
nyng said order that injustice could result the South Carolina
Railroad Company and prejudice their right because after the
Of compensation had been made the Columbia and
Augusta Railroad Company apply for dissolution of the i'll
Junction and show that they had acquired the right and that the
question of legal right would then be decided when in fact the
order for the followed by its for compensation and
the tender by the Columbia and Augusta Railroad Company Of the
assessed Gall Of which upon the legal right Of the applicant
the interference of The Court affords the claimant the evidence of
acquired the right thus the South Carolina Rail
road Company another tribunal for the protection Of its rights