The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1869-03-25
THE SOUTH aARoL1NA RAILROAD AND THE
COLUMBIA AND AUGUSTA RAILROAD. :;

AS the questions at issue between the South
Carolina Railroad Company have been very gen.
orally misunderstood, the South Carolina Railroad
Company, with view to the full and proper pre-
seniation of both sides of the controversy, retained
skilful stenogrspher to attend the session Of the
Supreme Court in Columbia, ct the argument of
the prohibition case in which oil the issues be-
tween. the two, companies were, by the nature Of
the proceeding, brought up for the decision Of the
court The arguments Of the counsel for the South
Carolina Railroad Company, and those of the coun-
sci of the Columbia and Augusta Railroad Com
pany, are alike presented to cur readers in the
supplement issued last week. r. :
Without entering int any commentary Upon the
merits Of the many questions raised in the nrgu.
uent, two points appear to Us worthy Of consider
atieu. 80 =
lst. That the South Carolina Railroad Company
DO not contest the right of the Columbia and Au-
guuts Railroad Company to construct their road,
but simply their right to construct it upon the
land of the South Garolina Railroad Company.
I'd. That the question of right between the two
companies has never received judicial determine
tion.
That the Columbia and Augusta Railroad 0on-
pany have appropriated to their use lands which
belong to the South Carolina Railroad Company is
undoubted for it is not denied Their right to do
so is the main issue, and upon that the courts have
hitherto been curiously silent. SOfar as the COM
paaies themselves are concerned, the matters al
issue between them may be safely left to the guild
.nee of the counsel .learned in the law" who.rep-
recent the respective companies. But outside Of
these companies and their interests, the question
is of grave Importance to the community at large
Can corporation take land, build upon and enjoy
it without any Legislative grant or eny Judicial de-
cision authorizing the appropriation
It would be reproach to the jurisprudence Of
any civilized country if the rights Of property
rested upon tenure SO insecure. In whose favor
the right may ultimately be determined, the com
munity are not perhaps very deeply interested
but that the right should be fully determined, that
the principle should be fully and firmly established
that the citizen cannot be deprived of his property
except by due process of law, is of the highest i'm
portanae and in that view we call attention to the
present controversy, in which, as the papers show,
the South Garoliua Railroad Company has been
deprived of its property, and is now despoilcd Of
it, without any competent legal authority, having
decided that the Columbia and Augusta Railroad
Company had the right to take it.
A reference to the arguments will show that oil
the questions have been most keenly and zealously
discussed. 1t is due, however, to the South Caro-
lima Railroad Company TO say that they endeavored
to avad the protracted litigation by the proposition
TO refer all the matter in dispute to board of ar
bitration, composed of thres members from each
road. Had this proposition been accepted and car
risd out in good faith by the Columbia and Angus
to Railroad, the lengthy and expensive litigation
might have been avoided. 1t is not too late, We
trust, for wiser counsels to influences the Columbia
and Augusta Railroad Company, and prompt q
speedy and equitable adjustment of the dispute.