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

haps that they sought BY popular arts educate
and influence public opinion put have trusted TOO
conviction that their rights be determined by uda
tribunals and not by that public opinion the bar OF wn
they have been upon so many charges arTaig ned
However willing on all occasions to deter to puc
opinion cannot consent that it should settle questions OF
legal right these belong the Courts and we are here now 70
stand or fall by the law Of the land. a.
1t is alleged that are attempting to prevent the consn
on of the Columbia and Augusta Railroad and that our ppo
springs entirely from this We have no such oec
We seek neither to destroy the road prevent its
take from the company single right of way or other
privilege that belongs to them We do not propose to inter
fere with any legitimate action of their charter but to sFy
say to them you must not and cannot ao in excess OF the
you derived from the State Our effort to restrain
and keep the Columbia and Augusta Railroad within the re-
cognsed limits of its chartered authority this and nothing
more. = =
avoid much posb all dbateabe points, and endeavor to
rest upon plain principles Of law and facts tha
be called in question To narrow the subject down.
therefore propose the outset declare what concede
We concede the right of the Columbia and Augusta Raoaa
to build line from Columbia Augusta build it va Gran
iteve and to connect Graneve and Hamburg and there
we take stand We say that is the utmost etent OF the
right which by any declaration of Court or b any possoe
inference of law has been be granted and ha
YOU cannot 90 You may build your road from 6aneVlle 10
Hamburg but you cannot build land Avoid our one
hundred feet of waythat little strip Of Land guaranteed
us under charter and vested in by tho
and you may build when where and how you please But
they refuse to do even that
Here may please your Hono have conceded everything
which decided by the case 18th Richardson's Equity In
deed have gone beyond what be gmatey referred
the decision that because it is there left open TO
doubt whether the company had to construct the ROAD
from Grantevie Hamburg This dspes entirely of the plea
res acaa 1t is utterly impossible that the question WINCH
make could have been decided in the case before te
June of the year. The definite location of the route on
Grantee Hamburg the Engineer states was not made
until June July 1885, while the decision Of the Chancellor on
the circuit made in June 1867 and the decision OF the
Court of Errors in December following 1t was, therefore,
physically impossible for the Court to decide upon the to
bud on our land because no human tribunal knew where the
until fully year after the decision OF the Court had been
announced
make or the opposition up? Is it not the
trary fair and proper fer the South Carolina Railroad Company
to concede the Columbia and Augusta Railroad the full limit
its chartered rights but ut the me declare they shall
respass upon exceed that which has been legally
given and when they attempt to DO ntepose Tor our ps
lection the the State and submit the whole question to
judgment of the legal tribunals of tho country? Yet for
doing this have been in every form arragned and denounced
setting up actious opposition 10 public enterprise
duty bring these questions before the Courts and
obtain Judgment upon trsm The Directors are trustees
been their duty had they permitted the
deprived Of It's rights by anything less than the Judgment OF
the Supreme Court of the State
Let ascertain what the rights of the parties in this case
The South Carolina Railroad Company possession of
tain lands and right Of granted by the State with certain
and privileges which, together The property
and exclusive terms The first section Of the charter OF 1873
gives them the exclusive right to make keep and these
and have and hold any lands along which to and
locate the aforesaid road"
These the privileges of the Canal and Railroad Company
slowed the Cincinnati Louisville, and Charleston Railroad
Company by the Act of 1885, (See Sections 81 and 38
And roads made blythe Act Of ls undcr
the title of the South Carolina Railroad Company in which
merged all the rights privileges and property belonging
either That only the import OF the ACT of l84
but in Bakes case 9th Richardson L. r. 232, the Court
expressly decided such to be the construction Of the statute
Judge WlardBut subject to the qualification that the
combined powers of the roads extended the
whole line Between Columbia and Charleston they have all
the of and between Augus and Charleston all the
powers CT the other road. That s all
Mr. ConnerI submit with great doenoe that your Honor
mistaken in the Oppenhem case which you aude. The
original line of the Canal and Railroad Company from
Charleston Augusta the original line OF she Louisville Gin
cnnat and Charleston Railroad from Branchve Colum
your Honor correct the charter OF the
Louisville and Cincinnati Company would not apply to any
land in the City Of Charleston. Tho Court that how
ever deemed it mmaera under which charter the South
Carolina. Railroad Company proceeded.
Had the point been determined Jour Honor supposcs it
would have relieved friends the other side, Of much
baassmen because large portion Of their argument in the
Court Of Errors turned the question whether tho united
charter covered the whole road whether the first charter
the Columbia Gne Such decision sought but am not
aware that it has been rendered in any case For my
part entertain strong conviction that united charter
plies every foot of the track This however question
from the present ISSUE We discussing The
elusive privileges attached to that portion of the road between
Graneve and Aiken and to which certainly applies the Act
of 1928.