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

ton of questions for the purpose delay while did not de-
pve them Of any substantial right submit that Judge ooo IL
pressed myself that could have got before your Honor we
should have moved dissolve the injunction and nave gat tn
that were the circumstances the could successfully make that
motion >. .
have said all ought to say but it would not be doing justice
the case and particularly Judge who has been assaed
here were omit further auson the several grounds which
our opponents claim that proceedings the before him
irregular illegal void have already referred to two Their
third ground That the Legislature Of the State of South Carolina
No. n did intend either In terms OF by nee
essary implication give any railroad corporation the
disturb invade affect destroy the franchises Of another corpora
unless thereto specially authorized BY the department. OF
That the eighth section of the Act
the Legislature did intend do than hv enactment
its rights and powers subject all land rights of
liability condemnation But that the right and was and
the power of eminent domain itself OF the highest at
tributes of sovereignty the State the exercise ana con e 81
resides the legislative department of the government OF the
State and the delegation of which, when claimed by person or COT
poraton be shown by enactment or implication SO
State would disregard this high power any
corporation obtaining charter to build railroad would
impair and perhaps destroy only existing rights of property but
the peexng grant of franchise by the State to other cor
"porations."
T pass to the "fourh"
ahat could be legal condemnation Of lands rights
sway said Act No A. until the legal Of the Columbia and
Railroad Company take the lands and rights way prayed
% had been adudged by the competent tribunals OF the State ha'
Of the legal prerequisite to the opera
on the 1863 according the settled law OF the
estate Carolina whenever the right the petitioner con-
eed there be preliminary trial and adjudication OF tna'
nm 0s as ha and that the order by the Judge
his discretion When or how t1a Is 10 De nao ao
his determination If he had tit to have ordered
trial before Jury could have done 1t rested entirely with
and was him determine how the preliminary trial should be
had ALL That such Investigation Of the right must be
preliminary assumption of the counsel on the other de ana
where do the gentlemen find of the statutes tor sh
proposon the Judge seeing the railroad in certain ondlton
pending that had be %ansd 5na e eou
go mpane the obtain the money and reserve
that right the result his action not there
fore, the subject of prohibition But to continue -
Fifth That in and by of the South Carolina Railroad
Company the and return Of the hed before
Judge P the legal right of the Columbia and Augusta railroad
Company rayesed and in ISSUE and was the duty OF nus
been heard decided before granting the
esorder impane jury :,
sxh That proceedings having instituted the equity side of
"the Circuit Court Rchand County the legal right OF the
Coumba Augusta Railroad Company condemn the lands and
rights of way of the South Company and notice
Honor Judge P in the return of the South Carolina Railroad
Compny duty of said Judge withhold the order tor
auy until the question legal right mad been adudged IN ao
That may be the opinion of counsel but Judge Pat thought
differently Prohibition to stop something and 40 not Know
YOU get this by such writ He has already decided
question: and consequently are to prohibit II at all sonne'g
already done. &ies on
Seven That although his Honor Judge P his order Of De-
acember did declare under the Act 42 his functions were W
dc and merely ministerial and that ne was the only consul
ued judicial agent the Act AZ to enforce its
mandates eused entertain and decide asserted ns
objection except ndnce and thereby refused
decide the question of law but did hear and decide the
"queso fact should properly have been heard and decided
"by jury" =, ~
Your Hono will permit observe that the whole discussion IN
reference the opinion of entirely outside OF the matter
The question before us mndaehe order Judge Patt might
have based upon very reasoning Your Honos are
wware that it of to allow the opinion OF
Court to be read The opinion is not the Judgment it the
Decree the order with which have DEAL and what did Judge
Pat order? That jury should be mpned and decide the ue
ton compensation When he determined not to entertain anything
but the question of hndrance of decision against our
friends other s and the only which that can be cor
rected by taking the before the Court which sits next week at
Edgee apprehend that the appeal covers everything Mhen
YOU appeal compensation the whole comes before Judge
% and an error committed he will then and there correct
law upon this subject is That from the verds rendered
shall be right of either party appeal the first term OF the
Gcut ensuing in the county, and upon the OF
appeal Court shall be satisfied of the reasonable sucienc
o grounds shall be ordered in which the appellant shall
amitted to Jury open Court whose v shall be final and con-
"csive unless writ Of error new t sha De ooereu ny w
Supreme Court"
This whole matter therefore, must be reviewed by Judge Pa and
if he still wrongly the remedy not b. prohibition but by
writ Of Why should you undertake change this law
not sufficient that the be brought before you by witt OF
error? a.
Eighth That his Honor Judge Pat granting the order OF
December H. impaneg jury did declare in the opinion accom-
panng said order could result the South Carolina
Railroad Company and prejudice their right because after the
assessment of compensation had been made the Columbia and
Augusta Railroad Company apply for dissolution OF the IN
junction and show they had acquired the right and that the
question of legal right would then oe decded when fact the