The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-02-11

the Columbia and Augusta Railroad Com
pany that two offers mad been made to the
South Carolina Railroad Company by the Co.
lumbm and Augusta Railroad Company for the
use Of the track Of the South Carolina Rail
| road between Granltevi'le and Augusta. One
proposal was to give the South Carolina Rail-
road pro rGt0 share of the receipts OF the
Columbia and Augusta Railroad between CO.
lumbia and Augusta. The other was to give
| the South Carolina Railroad Company $100 600
| for the use OF their track to Augusta. Both
propositions, he understood, had been reject
ed. Ii it was O settled matter that the Colum-
bia and Augusta Railroad were to be permit ted
to build e. separate track it was certainly to
the advantage of the South Carolina Railroad
Company to accept one Of these propositions.
If there we're good reasons why both these
propositions should have been refused, he
would like to know them.
w. Magrath Esq, the President of the road,
said that ho was happy to answer the inqui-
ries just made. He had requested General
James Conner, the solicitor of the road, to
make statement to the stockholders of tho
position OF the company in regard to the liti-
CATION with the Augusta Railroad. He would
therefore leave the roply to that por. ion Of the
interrogntory to him, but ae to the PROPOSE
tions which were said to have been made, he
wished to speak pointedly and plainly. He
denied most emphatlcally that either one or
the other had been made.
Colonel Yeadon said he could only reply
that he had the statement from tho Hon. G,
G. Mcmminger, counsel for the Columbia and
Augusta Railroad, and if these propositions
had not been made, he would like to know
from tho President what propositions had
been made.
Mr.. Magrath answered that it was known to
MIR. Memmin ger that Mr.. johnson, tho Presi-
don't Of the Columbia and Augusta Railroad,
had offered to give the South Carolina Railroad
Company for the use Of their track between
Granstevlle and Augusta, whatever the trains
OF the Columbia and Augusta Railroad Com
pany might earn between Granltevlle and
Augusta. TO this proposition it had been re-
Piled that the offer amounted to nothing, and
that the Columbia and AugustaRaroad had
never even offered q pro rata Of the amount of
earnings between Columbia and Augusta.
There was mover anything said about a money
compensation; and Mr.. johnson had never
claimed that his offer to give the South Caro-
lima Railroad what his trains earned between
Granitevile and Augusta meant to give the
South Carolina Railroad Company pro rata
share Of what was earned between Coum bia
and Augusta. In reference to Mr.. Memminger,
it was duo to the directors to say that in one
of his arguments in court, Mr.. Mcmminger had
made the same statement in regard to the two
pr oposittns which had been repeated here,
and that The correctness Of the statement was
tn On and there denied.
Mr.. E. W. Sebels, OF Ede efield sa id that he
was afraid that there had been moro personal
feeling manifested in the conduct of tho dis
pute between the two companies than was for
the interest Of tho South Carolina Railroad.
He said that the interest Of the up-country
seemed to be ignored, and the railroad
seemed to be managed by the Off GERS Of
the company exclusively in the interest Of tho
large stockholders in Charleston. The curses
Of the up-cOuntry against tho South Carolina
Railroad lad been deep and loud. The people
complained that no sufficient facilities were
given to tho planters. He said that if he had
time to go into the history Of the charters Of
1927 and 1928 he could show that the South
Carolina Railroad had no right to contend that
it was O violation of their rights TO build a
road from Columbia to Augusta. He said that
the privilege Of granting new charter was
always reserved to the public.
| The Columbia and Augusta Road, however,
| had been constructed, and the Legislature had
granted charter in 1853 and again in 1868,
and the road progressed until 1867 before the
| South Carolina Railroad said word about it.
Where party allows obstructlons to be erect
| ed, or permits any interference with their
| rights, and Intend to resort to the court ts,
they should give proper notice. But the South
Carolina Railroad Company had remained quiet
for nine years, while the Columbia and augusta
Railroad was being constructed, and during
part of that time the propositions Of the CO.
| lumbia and Augusta Railroad, for O compro-
mise had beon silently if not favorably enter
tanned. Then. suddenly, an injunction had
Jourt and there defeated. Judge .Platt
was then applied to by the Columbia and Au-
| gusta Railroad Company for jury to assess
| damages. Aud it might be said here that the
Augusta, went out Of tho direct line to touch
| at Granltevillc, while this point was on The
most direct line Of the Columbia and Augusta
Railroad from Columbia to Augusta. He had
| talked with the foreman OF the jury, and he
had said that the jury had walked nearly the
whole way from Augusta to Granitevllle to find
| out what damages we're done. 1t was
the opinion of the. foreman that no
damage at oil had been done, but on
the contrary the construction Of the Column
bia and Augusta Railroad had been positive
benefit to the South Carolina Railroad. The
jury, however, had found verdict for the enor-
nous sum OF $ll0. Tomorrow the same Judge
was to be applied to in order to have the ver-
dict Of the jury set aside, and the case referred
to another jury. With what prospects Of sue
cess? In his opinion, and that Of many per-
sons in that section Of country, tho next fury
was fine prospect for both roads. What prob
ability was there that the lawsuit would ever
be terminated with fourteen or sixteen lawyers
employed, and railroads for their clients In
his opinion itcould result in nothing tut ex-
road Company. Even if they succeeded in
carrying all their points 10 court, what good
would be accomplished2 The Legislature
would do as they propose to do about the
side was right md all they did was legal. and
! the other side was wrong and al they did ille-