The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1869-03-24
The South Carolina and tho Colum bia and su
.. gusta Railroads

In aSRpnemcnt this week will be fuunl. a
full nhd complete stntcmcnt Of the litigation
pending between the above named roads
and VIC invite special attention to it.
AS the questions nj issue between tbs South
Carolina, Railroad COMPANY and the Cu.>
umbia anu Augusta Railroad Company have
been very generally misunderstood, the South
Carolina Railroad Company, ~iIh view 10
the full and proper Presentation OF both
sides of the controversy, retained ski'fu
stenogrnpher to attend the session OF the Su
prcmc Court In Columbia, at the argumeu,
OF tho prohibition case. in whica all The is,
sues between the two Companies were, BY
tho nature Of The proceeding, bro1ch, up 70,
the decision OF tho court. The arguments O.
------~' CO., tho S"",h Cnr>,;na H,;l,,,d
Company, nnd those OF the counsel of tl,e
Columbia ind Augusta Rlroad Compauy
arc alike presented to our radcrs in ,hc sun
plcment VIC issue to-day.
without cnteIing into any commentary
upon the Tnerlis Of the many GU s;inn,
raised III the argument, two points srpsar 10
u worthy Of consideration:
lSt. rhnt the South Carolina R1iiroaI
Company do not contest Tic right Of The Col.
umbia md Augusta K ,iltoad Cumt,anv 10
construct their road, bur simply their right
70 construct IL upon the land Of the Sou:h
Cnrolint k'ilroad Company.
sL. That the question Of riyh, between
the two companies, has never rec i've / Judi
cal determination.
That the Columbia and Auru.,a E,i,o,1
Company have .nppropriatctI to their use
lands which belong 10 The South Carolina
RHi!road Company i undouhcl, for Il i, no,
denied Their rish, to do 50 is Ihc main is
sue, aud upon that. the courts have Eit!rro o
hccn cufiou'ly silent. So far as lhc cor. :
panics themselves are concerned, the mt>
tcrS ut issue between them NAV bc safely
left to The guidance Of the counsel LEARNED
III tho law Who represent the respective
companies. But outside Of these compauic,
and their interests. the question is Of grave
Importance to The community II, iIrrc Can
n corpot.'ion take land. bui.d upon and en-.
JOY II Without any Legislative grant o. any
linn?
would be q rrproach 10 ll,c in,isp-u,
dIncc Of any civilized country il tie rights of
properly rested up,n Il tenure so ,sccurc. .
In whose favor the rgh, may ultimately he
determined. the community arc not pcrLap ,
very deeply intcrcStch; hut that :iic ri.h,
shoud he determined, that the prircjulr
Ahonl'l he fulJy ynld iiim:y cStuIlisi,d 1I,at
the citizen cannot lc deprived OF hi, proper
~, except ~ dLe process Of law, Is Of the
Highest Importance, and in that view VIC call
attention to the present controversy, in
which as the papers show, tie Sonlh Caro-.
IN" kniilond Company has been deprived of
It's property. and Is now dcsEoilcd Of it, with.
out nny competent legal nu.ho.i,y having
decided That the Columbia aud Augusta
Rntlrond Company had the right 10 take il.
a ~fercncc TO the arguments will show
thut NIL ihc; questions h,yu been most kcrnly
ana Hrnlou. ~ discussed. 1t Is due, however
to the South Carolina Railroad Company TO
any !hat they endeavorcd 10 avoitl the pro.
tracted litigation by tho propo< <ition to refer
all the mnttcr III dispute to a board of urbi>
trntion, composed OF three members from
each road. Had this proposition been nc
Columbia and Augusta Rnfirond this lcnetby
and expensive litigation might have been
avoided. 1t Is not too late, we trust, 70,
visor counscls to influence tic Columbia nnd
speedy aid equitable adjustment OF tho dis.
pUtc. ,,r@.. ... -. g.. .....'