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

Did they do this? Your Honors have before you exempf
cation OF their proceedings Why theywere with
grand jury oath and absolutely refused TO hear testimony
Judge WiardWere these facts brought to the attention
Judge Boozcr on the motion to dissolve? s &
Mr.. Coqner-Ies SIR and answered that
facts with whchhe had nothing to do He was simply to-
the Injunction and leave all other questions to be deter
mined by the Court Edgefeld The like wio
thesp could get it in that shape in which the
question ofright would be entertained.
Ineed say that Aiken argued the question with
good deal of feeling which his Honor Judge Pa understood
appreciated when he said he realized for the first time the
motive of that To his and this
the Court will bear in mind the second hearing:
brought my mind to the conviction of the possibility
their losing fifty feet of their right of way and especially
through their depot lot Grantcve without being necessa-
"sccon eight therefore felt my duty interrupt The dis
cusson by declaring to petitioners the mind
had to- not the order tor so long they
ainsisted fifty feet for their roadbed His Honor
shocked injustice proposed and hence he promptly
nounced the threshold of the discussion, that unless that
am were abandoned he would order prayed for It
such hndrance a the had forbidden The Act Of the
Legislature intended to grant such right OF way or to
Justify such extensive encroachm the vested rights of
another company that claimed and for in this petition
Upon that point there clearly expression OF opinion
"Soon thereafter continues bis Honor they he Columbia
and Augusta Railroad Company Their @ @ I
feet only at Graniteve but entire route
the attempt been made under that order and opinion
take more than feet the Jury would have been clearly
lin excess of the power delegated em that their judgment
must necessarily have aen because the cond have
ecn determined by foot rule and had Judge Patts order
been allowed to stand the shape which there would
have been difficulty about it, because it would have been too
plain doubt There would have been for construc
on But when ten feet stricken out and there sub
uted ga sufficient width of ground for the construction OF
roadbed the change material one and rights
materially affected although it, doubtless appeared to the
Judge that it ga distinction without difference He
could be supposed be sensvey acute on the
as those upon whom the change was to operate .s.
Judge Willard IF Judge Patt had retained .ten feet in
his order would that order have been nugatoy2 Would
it not have been judicial bunder which he had right to-
eliminate previous to the finding Of decree? have always
opd
gaory Judgment which would convert legal proceeding
4nto farce think that point is scarcely worth discussion
Mr. Conner-Your Honor will the object of reference
to this matter directly Judge Patt says his order First
"I had become convinced that at points it he claim
fifty fee must work such Mndanee as the law had for
bdden and secondly that according to my consideration of
the Act although would tolerate and permit the usual width
their right of way lands generally through which
they required to the General Assembly never intended
o give them such right of way when they begged the pv
laying their roadbed along and the regular and
right way of another company and that too for
miles"
In words ten feet was precise limit fixed the order
and intended to abandon that claim that other
the order should have been stricken out 1t being very
clear fifty feet could not be taken the question would arise
o much aken And should have his Honor
the order in such terms would indicate to the jury
what testimony to be aken and how to determine the
precise amount of land TO be condemned.
Judge Ward-To my mind the order perfectly ntelllglbe
being foot basis It simply meant to extend tho
work from feet to basis sufficient for roadbed
Mr. ConherThat would substitute an indente !of oen
mite limit Your Honor will concede that the higher the
the must be the DaSe Inere WOulu
BIZ shifting ne according the grade higher lower
and neither party could know exactly where the line which
divided them ran but the right in law must be so precisely
adudged that YOU can with foot rule and say
there terminates your ne determine the question by the
term sucient for roadbed would give you shifting base
with shifting rights, and no fixed limit of line at all
Judge WiardThe jury supposed to have had the nee
essary profes
Mr. Conner-They did not have thing
Judge WiIlard-At any rate the quesonwas purely one IN
arithmetic. ~
Mr. ConncrOf course but it necessary for the jury to
determine by actual feet 1t has occurred at that place
the track has been changed hreo four tmes and IN
instance moved half mile Unless the limit be deter
mned therefore, in accordance with this doctrine there may
be shifting line all the time.
But here up the direct question If there is anything
clear plain and emphatic it the opinion of Judge Plat
that the Legislature intended to give the Columbia and
Augusta Railroad Company right of way of fifty feet
the land Of another company tor it would work such nm
drancc tho law had forbidden Yot the jury under the
granted to hem which they derived by the alteration
the order from ten cot to "a sufficient width tor the
construction the oadbcd have condemned sixty feet along
three and eourths Of mile of the road Even then when
limiting fec his Honor doubted whether the linn
tied base allowed them would operate hndrance
He says in his order "St had lingering doubt in regard
"to the hndrance question at two points, the one at Dead
Fall and the other at Granitevile depot lot
Inconvenience will be occasioned injuries done and
somc money expenditures for the repairs of such injuries but
dict of the Jury required and ordered in and by the Act
The Chief Justice that Judge Patt his opinion says
that before the injunction removed they must show not
only they have rendered the compensation but that they
have acquired the right.
Mr. Conner.-That is Just the point make. When the