The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-17
ARGUMENT OF Ex-CHANcE1LoR CARROLL.

May please the Court 1t not my intention 20 partclpate IN
this dscuon and therefore, prepared present the cause
the Court and myself Still In tine course the
argument have received strong and decided impressions
especially reference bau OF the caseand 10 thl WIN
your Honors permission will address few observations
Throughout the entire the cause has been treated though
the question of legal right the part of these ndd d never
assumed both ses that the question which,
primarily have been considered and determined as to the legal right
never investigated by Judge Pat apphend however, that his
opinion be fairly construed will be that this assumption utterly
without foundation
The served with due notice of the application made to
Judge P by petition have the
order the compensation which the South Caro-
lima Railroad Company entitled Tor the appropriation Oh 1ne o
They we're opposed TO the prayer Of the petitioner
According ordinary regular as indicated
in Blks q Rchardson the party resisting the application was
relied upon why the OF the should not
granted The conormed that rule and did make formal
served upon hem wherein they set forth th
grounds of objection proposed application Your Honors will
observe however, that these given IN various forms WIN
much ap6caon and multitude OF words but after all When summed
up, few In number mi .
First is general denial Of the right of the defendants enter for
the purpose described next specific denial that by any a
authority of the State power been given the defendants pro-
ced under the Act of 1868 No. A. Then follows recital of the
ators title their land and the allegation that their lands ana
way the exclusive the and must be
necessary for their Next alleged that the right hold these
lands and right derived from the Legislature OF the State
and the charter contract nvbc under the
the United States Then follows the declaration that the powers gns
and privileges granted Legislature have been confirmed by the
judicial tribunals of the State in the most ample o and at sao
powers and privileges in their nature and by express enactment
exclusive for the purposes of the South Carolina Railroad not
with actually been encroed and nteered
with by the Columbia and Augusta Railroad Company and SO the re-
lators proceed.
set forth in this be considered will be found after all that
they 10 not sustain their case :,
First they object these defendants have right either under
the Act 1861 A. under any other law of the State enter
upon the land of the reo with view to appropriation Tor the p
poses of a railroad 20
That point was undoubtedly Judge P and the specific
ground upon which they relied that the Act 1868 had reference
merely corporations created the future and did not apply
a corporate and pu b his Honor adudsd ainst the res
Then they that according to the terms OF he charter the
of their road distance of one hundred feet belongs solely anu
exclusively to the South Carolina Railroad Company and that cons
queny that corporation be considered as within the the
Act Of 1863 when refers those parties whose lands liable
condemnation His Honor Judge Pt also decided that point against
the REALTORS declared the South Carolina Railroad Company not to
be exempt from the operation OF the Act
They further contend that the power in question appopatng
land against the the owner which can only
delegated the right Of eminent domain and that to be granted
effectively must be terms or In terms implying manifest
Judge Pa "a has been by the South Carolina
Railroad Company setting forth their objections thereto and among
othe this one wit that the entering by the Columbia and
Railroad Company the lands at Gnteve where the
depot situated for the of constructing their
roa thereon and also its entry upon their lands and right OF way
between Ganeve and Hamburg for like purpose would be aseous
hndrane the and enjoyment of the highway tor which sad
lands Or right of way previously procured
After hearing argument by counsel thus far and examination OF
law authorities quoted by them my mlnd mas oen leo c oo"
conclusions - ,
hat it was the intention of the General Assembly the
passage of said Act No. A. enact law which should be app
cable to and obligatory upon railroad companies in the State of
Carolina whenever the one the ne f bs hts ed s93d
and raht Of Way of the other The South Carolina Railroad Com
pany IS not made exception the operation this enactment
but the contrary section eight Of said Act declares armalyey
for the construction any highway shall be considered
empt any liability condemnation but the right Of way over
the may be condemned for the construction any other
highway"
S1rnlv that seens he sufficiently distinct.
The only other ground assumed in the answer Of the reat0rs that
be nronod appopriaon by these defendants their land within
one hundred feet of of their road has operated hin