The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-01-29
! SUPPLEMENT I TO COLUMBIA PHGNIX,

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cause which tho question issue has boon
It has boen the misfortune of cHen per-
md Influence public opinon but have trusted implicitly
conviction that their rights M detesnined by judicial
tribunals aud notify that public opinoA which
However willing all proper defer to public
opinion we cannot consent that should settle questions
stand Of fail by The ossnd @ Ss are here now to
o s Ss% rs sTs Hsa %
son springs entirely from this cause. We have object
take from the Sompany one single oher
privilege that belongs to them We not propose inter
to them you act in Oof of the iU pos
yo9 have derived from the State. Our restrain
cognized limits ofs chartered authority, this and nothing.
avoid ali dsbateabo points and endavor a.
be- called n % qoe D 0i aw
therefore, propose The cohcede
to build line from Columbia Augusta to build it ua Gran
tevie and TO GranevlIo Hamburg there
right which declaration Of Court by any possible
inference of Law" has been or can be granted and beyond that
Hamburg bat you build it lnd Avoid our one
under our charter and Vested in US by she ogaure
and you may build when where and how you please But
Here please your Honors conceded every thing
which decided by the in 18th Richardson's Equity In
decd have beyond what ematey referred
to MS tho decision in that because left open
doubt whether the company had the road
from Granevo to Hamburg This disposc entirely plea
of res odudicato 1t is utterly impossible that question which
now make could have been decided in the
Court OF Errors in 1867 before the Chancellor in May
June OF the same The definite location OF tho from
until June July 1865 the decson Of the Chancellor on
the circuit was made in june 1867 the decision the
physically impossible for the Court upon the right to
build on our land because human tribunal
road was to DO definitely located und because
unl 1uly one year after the decision
announced.
make or in the opposition up? Is not or the con-
traIy fair and proper for the South Carolina Railroad Company
10 concede to the Columbia and Augusta Railroad limit
OIL ITS chartered nights but at the me declare they shall
given they attempt TO do so nepo for our nro
lection the law of tho State and submit question to
the Judgment of the legal tribunals tho country Yet for
Doing this have been every ariuancd and
Sox ScHn$s Z up iacto"s opposition to pahie
was our duty bring these qost s beoro Courts
large and S 15 sr5a a De2o o ou S IsSS n
peen ie:eant 10 their duy bod they permitted company to
the Supreme Court Of the State.
Let US ascertain what the rights parties in this case
Inc South Carolina Raioud Company possession GER
IAN lands and right OF granted by the Stat
of the corporation This the m st express
ana e1cusve terms The first section Of The chare Of 1923
railroads The ninth section gives hon tho bower 10 pur
chase and have and hold lands along ran and
locate the aforesaid road"
These were the pvieges Of the C"na and Railroad Company
incorporated a. in lS2! Similar powers subsequently be-
Company, by the (Seo Sections 2 81 and 3s
tnese Two ROADS made
the title OF the South Carolina railroad Company which
t. ss bsss s@s a.: ). $s5.ss
expressly Sssdsd such to be the the statute
combined powers OF the not extended ovo the
whole line Between Columbia and Charleston they have all
the OF and between ar Charleston oil thc
powers Of the other road That is all
MI Conner submit with great dccrcnce your Honor
is mistaken in the OppenhGm case 20 which you ailudo The
original line OF the Canal and Railroad Company was from
Charleston to Augusta original line CT louisville Gin
cnnati and Charleston Railroad from l3panohvile to Coum
ba-oonsequent ii Your Honor the charter Of the
Louisville and Cincinnati Company would not apply to anv
land In the City OF Charleston The Court case no
ever deemed it immote.a under which charter tho South
Carolina Railroad Company proceeded
had the point been eennined your Hoor supposs
would have relieved friends, the Of nc, en-.
balrassmen because large portion tho Argument, in the
Court OF Errors turned upon the question whether united
charter covered the whole road the first charter
applied only to the Hamburg nc charter Of 1895 to
the Columbia line Such decision was sought but am no,
aware that it has been rendered il any my own
part entertain strong conviction charter ap
Ines Ines to every foot Of The track This nowevo, question
elusive privileges attached that portion road between
Grantevlc and Aiken ard which certainly &ppcs the Act
Of 1928.
Now as 10 tie land and right way which sought to be
n l 10 (NNlu NH " D.