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Minnesota Staats-Zeitung. [volume] (Saint Paul, Minn.) 1858-1877, 1869-09-23
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The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-17
IN THE SUPREME COURT.

THE STATE EX RELATIONE THE SOUTH CAROLINA
RAILROAD COMPANY,
THE COLUMBIA AND AUGUSTA R. R COMPANY.
SUGGESTION IN PROHIBITION.
JAMES Conner and a. G. MAGRATH, for Realtors
MELTON, AEMM1NGER and CARROLL, for Respondents,
ARGUMENT JAMES CONNER, OF COUNSEL EM Rz1AToRs
May please the Court Before entering upon the argument
of this case first endeavor ascertain clearly what
the issues involved.
Il is somewhat singular that in litigation proracted
and which, many fcrms has been before many tribu
nails there should any doubt Misrepresentation the
question be decided by the Court Yet there probably
The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-17
To the Stockholders Of the S. C. R. R. Company.

a f The s NJ dss" s solicitor
Of the history ss sSna s
Sn oan d ns9n s s1sns Rosd cpan South
FROM ssas % sas s furnishing s4sai
M 1t Is M % desired @ as tS a Of the sonoratn and Of much inn
sssS vssa a
and distinct of companies
tory sss
| ~ sss,'; a3.sI 1sss
ssss tss, ssng e ss s s % %
Railroad Company amended subscriptions made and
Every the knows how futile would have
sss se s
hns M % 'ss s as @ a % md n s essss fs
the Ind Soum on the ground that
Railroad and epjo them connecting Granite
ss 5 and and ss tho on 5as @ s
expressly and exclusively vested the South Carolina Railroad
filed the % hs as s
Ssanitev station
'sa H. sa @ sss 'sss %
Psn as s' ss
I sa, 5 sS % or ss s ss'
the depot touma right
ssd ss s s c cu % a % s the & ss7 a 5 a iass 5 @
and bs s sa 5p Wa aa an
AapsuTg that the had the night cross the track Of
s s @ ali s ss' sss si ,s s
% a ] 9 III ss Issa ssas
@ Sspsa saSs s
by ss
s3s s,,ss s ssg applied ss
3: @ ssa 9 sss s % ss s @ as st s 5s 5 as
Railroad hsa hight condemn its the lands rights Of
regarded settled
In 1858 A passed BY tho the manner
lands the lands be condemned
.s R5s and .ns ssa sa s Y @ $
,5a s @ FSs % ma bill in n % a
sss sSs. "a asesa Company
adssa aas Mr. Justice willard opinion
Railroad Company insng ths
s s'Ss @ ssss the
aad s
1sns -.. , 80, =, .........
sns 5as p aiken for
the South Caroline R1s1sa ground
f.. 5s Dssn s ii. o & @ 'a I a ] aR a 5
would ground purchased by the South
ssn a ss ss nd xssl shs the
Augusta hills which
had the procuring the supplies earth necessary the
$ s 1s ss ii asS ss
dem TVS ass, M There tss @ s Carolina Rss 5 and
Judge Piat decision
declined argument question: In
opinion 1885, 81 consider myself liberty
asserted objections the simple
hndranss"
December Judge Piat delivered his opinion
opinion which furnished the counsel for
the Columbia Augusta Rail
seousny Railroad
words "ten feet stricken and lieu
aasns width of ground for the construction of their
rosdbed"
Jury Edgefeld
notice the
The simply looked the
land and assessed compensation at SllQ
had that TO Ny suon
The Legislature intended justify
enoroachmenr"
for three and three miles!
the Columbia and Augusta Company
from the
tho right had been dsous that
distinctly
dvsted its property
the Columbia and Augusta COMPANY take them
a5udged
granting the order impano the had
question; hi, action decisive and ovsued
Judge sitting judgment separate branch of the
he dissolved the injunction
could had been decision of it earnestly
asked .
Judge said, Judge Judge
ton a adudcatng
beneT1nS company eould deprived
OF
tribunal specially empowered tho
The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-17

JAMES Conner and A. G. MAGRATH, for Realtors
MELTON AEMM1NGER and CARROLL, for Respondents
The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-17
SUGGESTION IN PROHIBITION.

THE COLUMBIA AND AUGUSTA R. R COMPANY
The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-17

was law for itself contained conditions and
atons the consequence therefore, was IN many Instances m
The object of Act OF 1868 erdenty
substitute all these conflicting provisions uniform and
general rule of practice which should obtain throughout The
State and be applicable all OF its corporations The very
preamble indicates its purpose namely AN ACT 10 declare ae
OF corporations may be Tor the construction
ana railways and other works OF internal
1t is unnecessary authorities show your LIQUORS the
effect of preamble upon the body OF ACT IN OF doubtful
interpretation here plainly set forth the single obec
sought to be accomplished The Act itself simply regulates ne
practice in carrying this INTENT and there is not section
which contains grant to any corporation past present or
Hure 1t only when 10 tho eighth section that the
main object is for momeut abandoned, ana new eemehl
sought to be Incorporated.
1t here argument of the other side ros
If they cannot clear right dves of property
and themselves by virtue OF this seoton they cannol
do SO ut ALL and the last vesge legal authority will DO swept
awav Now what is the language used "That no lands or
ght of way which have heretofore may hereafter be pro-
cured the construction OF any highway shall be con-
sidernd exempt liability condemnation, but the right o
way over said land and along such right Of way may
be condemned the othel highway
That the sum and substance of the Act No lands right
Of way shall exempt from liability but the same may De
coadeazd Practically is nothing but the affirmation OF
general legal principle But when and how does 1t apply
When the State the arber shall give any particular
ment NAV necessary protect other corporations Up to
the date p the Act OF 1868 apprehend that the Court
Errors Of this State would have held that rights granted exeu
svey and m express terms to corporation could not be
dvested by any tribunal the ooganon OF The
contract.
The Act of 1858 declares that these rights of way shall
be exempt" from condemnation that they "may be con-
demned"
These parties however to think that the mere assertion
that rights of way shall not be exempt from condemnalo ell
titles them the extraordinary privileges aud they have
tortured the language into grant OF power which permits
them to dvest rights and vest them in themselves
The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-03-17


Of 1923.
Now the land and right of way which sought to be
taken from the Columbia and Railroad Company
show statutory title. The Act OF 1s33 in the absence OF
specific contract in the company title to one hundred
feet each side of the track.
have already called your Honors attention to that clause
which gives the South Carolina Railroad Company the right to
purchase land necessary for repairing sustaining and
up their road that have reached this point that tor
everything which the Columbia and Augusta Railroad Com
pany seek to take from US, have absolute statutory title
or conveyance in fee obtained under the authority of the
charter desired to show the clearest how from
whom, and by what the rights claim held; to
the exclusive nature Of the grant, and thus lay the
foundation OF the shall hereafter npduce 1t is
unnecessary however, for your Honors entertain any ques
ton of title because the proceedings from beginning to end
admit the title to be in When the opposite party claim to
condemn the land under the very of the they file
their proceedings against the So that only by act
of law but by the admission of the parties themselves title
ndputabe In fact their title would be valaeess unless
the precedent title in Now only be dvested OF
that title by paramount title, and ask by what right are
to be deprived OF that which they coucedo bo enate
our own?
1t is scarcely necessary to cite authority but for moment
call your attention to the language of his Honor Judge Ward
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-10

| visited on yesterday, for the first time
since the commencement of the improve
ments, the magnificent fair grounds ads
cent to our city, and was most sgTeeably
surprised at the vast improvements alresdy
accomplished and IN the course of com.
pleIiOn. The crescent is certainly a great
improvement upon the smphitheatre, mas
much as 1t obyiates the necessity Of re.
moval by the crowd to witness any exhibit
tion that may take place either in the ring
or on the track. Added to this, the macs
CT visitors, as they cit at their ease, facing
them, will behold our beautiful city, with
It's many domes and spires, and the waving
lines Of distant hills, presenting q land
scape that would require the pen Of the
poet to describe. "
am informed that eighty thousand dol
lars have been expended in the purchase
and Improvement Of these grounds, aud
| the energy and enterprise displayed
by the Directors in the rapidly and ele-
gance with which they have been extended
entiile them to the gratitude Of our cili,
zens; and give assurance, that at no dis
tsnt day these grounds will rival, if not
surpass, any within the bounds of our
Union. So mote it be. As it is, even, il
is something we may all be justly proud or
In looking over the programme, l find
that all entries are free, and the list oil
premiums very liberal, far exceeding any
heretofore offered in the State. and well
deserving the attention of our stock raisers,
| farmers, artisans, and mechanics. For
instance, 10 specify few of the moSt prom.
| inent
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-10
ORION COUNTY Fab.

Our correspondent Al Union City writes al
that the fair at that place has been a continues
success with immense crowds in attendance
each day. Bs!ew We give the list of prsmium
Bull. three years old and Ovsr-J 7 Miles
!, Bull two years old and uader thrss-R c
| rIather, premium.
4 Bull. one year old and under-T Gleason,
/ premium; W i Alexander. certificate.
- Bulk under one year old-M L Alexander, OF
| suiton, premium; certificate. X Prather. Of
, Best COW. three year old and over-G S Miles,
futon NY: prs1oium; W L. Alexander, Sr., Of
Fulton. certificate.
Cows. two years old and under threw L
alexander, Sr.. of Fulton. Ky, premium: S
Miles, Fulton, KY. eertifeAte. q
Cow, one and under two years old-premium,
VI Alexander. Fulton. KY; certificate. @ S
Cow. under one ysar-premium, T & Glseson.
Fulton county. Ky; certificate. & Miles. Full
ton county -F f
Mich cows any age-premium; 3 GleesOn.
Fulton; certificate. W L Alexander, Fulton.
x Best bull. any age-pSeminm, Gleeson.
Fulton county. KY; certificate. q Miles, Full
ton, KY.
Best COW. any ags-premiur. 7 E Gleason;
county, Ky. ...
Equestrianship young men-thirty- six en-
tries; premium; d. Barnes, Fulton county. ny ;
certificate, W Flock. Obion county. Tenn
.
old and oyer-premium. N N Cowgirl, Fulton
county, Ky. asl y -1 8
B Best stallion. two year old and under-pre-
MUM, h MCGEE; certificates master Davies
Hill. both Of Fulton, Ky.
Best stallion under oneyear-Premium. W II
y Alexander. Fulton county. Ky; certificate,
Israel Clark, Jr.. Fulton county, Ky. .. r
Mare, three years and Over-Premium.
fluids. Fulton. Ky; certificate Banks Wilson.
Smith county.
Mares under two years Premium, P D Grim,
Dbion county; certificate. s w Lauderdals,
Fulton, Ky. rs q .. r. t
Mares one year and under two-Premium. r
y Cobb, Fulton, KY; certificate. II A Batron.
Obion county.
Stallion any ags-Premium, N N Cowgirl.
Fulton, KY; certificate. W Alexander. Full
ton. Ky. F'l sI4
Mare any age-?remium. ] ] Brooks, 0biOn
county; certificate B I Bobbitt, Gibson.
. Equestrian ring of young ladies-Premium.
Miss Anna Cowgirl, Fulton. Ky: certificate,
Miss Sue Alexander. Fulton, Ky
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-10
INCIDENT AND ACCIDENT

BcsToN, Oct. 8.-Marshal Brown, sales
man in the employ Of Saavoy, Foster Il
Bowman, silk deslera, ID under arrest,
charged with stealing goods from the firm,
valued at 81 800.
Albert w Davis, Thomas Perkins and
Reuben A Adams are alec under arrest on
the charge of receiving the same.
BALTIMORE Oct. S.-Secretary Bout
we'll has cons,nled 10 increase the amount
Of gold 10 be sold 10 the Baltimore i'm
.porters to 500 600 per week.
New YORK, oct. 9-Flsgs on the City
Hall and public buildings to-day half
masted, in respect to the memory OF ex-
President Pierce.
Ii is stated that about $50 ,OoO worth o.
the bonds robbed f6omtke Dutche Mutual
Insurance Company last night are rs,o-
table. Walker Williams has been ar,
rested a. one of the burglars sud sent ,c
prison for trial.
SAN FRANCISCO, Oct. 9.-Judge Sawyer
Of the district court decided that Chimes,
testimony ia admissible against white mel
under the fourteenth amendment TO tn
federal constitution.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-10
Colonel H. L. McCoNNELL." -T-' y
THE NASHVILLE BANNER AND EN-
PRESIDENT JOHNSON.

We regret 10 see this sterling Tennessee
paper, edited by Mr.. Albert c. Roberts,
attempting to ridicule Andrew johnson,
who has made the noblest fight for the
Southern people that has been made since
the war. In speaking of the late Imperi-
alist, he pronounces it ss "stupendous and
unmitigated foreordained failure az An
drew johnson, who has wasted so much
corn. stiutionaP eloquence over it. A.
J. may now subside. Ajax need defy the
lightning no longer. The Empire is
dead p
The Montgomery Mail AXIS the editor
if he (Mr. Roberts) has forgotten his
visit to Washington at the close of the
war, when he was editor Of the Mail? Has
he forgotten that, upon his return, he made
use Of the following language with regard
to Mr.. Johnson, published editorially in
the Mail of June %. 1862 ....
"We left him with the firm conviction
that Andrew johnson was the true friend
of the Southern people, and that if the
people were true to themselves, they would
be true 10 Andrew johnson"
Again, says our friend Roberts, in the
Mail: .. .....-.sr- -
"Since the days Of Andrew Jackson, no
man has filled the executive chair Of
the United States Government of more
| decided character and frmness than the
present occupant of that responsible post
Again, he says;
'No matter what may have been said Of
his political antecedents be has ever proved
faithful to the interests of the people who
elected him"
Mr.. Roberts now eats his own words
uttered when his nobler heart swelled with
gratitude to the man who had placed him.
selffearIessIy between the constitution and
the cause of civil liberty on the one hand
aud the widest and fercest fanaticism on
the other. Andrew johnson did ac
the part Of brave man and 8
patriot while he was President
however much we may dislike hi!
course during the war. His course since
has only proved his honesty and sincerity
in his adherence to the Union. He hai
been consistent and that consistency was
in the interest Of the Southern people anC
| of the Union. He has shown himself th
moral hero Of the age. He deserves no
the ridicule of the Southern people, ana
Albert Roberts is the last man we ex,
pected such from.-Lagrange Reporter.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-10
FOREIGN.

PARIS, Oct. 9.-Spain is in very I'M
settled condition. The Republicans are
making strong resistance in various parts
OF the country.
MONTREAL, Oct. 9--Prince Arthur ar
rived yesterday and was warmly welcomed
A visit to Ottawa of ten days finishes his
tour, when he returns here for duty. A
visit to the United States is projected next
May.
MADRID, Oct. 9.-The city is tranquil,
but the police have advanced. The in
habitants of the city have begun TO arm
themselves and their servants, in order to
defend their houses in case Of riot.
MADRID, Oct. 9.-Nineteen hundred in,
surgents to-day surrendered 70 Gen. Bald.
rex. The General refuses to pardon those
Who have committed assassination.
Intelligence from Grenada is TO the eff.
feet that the volunteers in that section re-
fused TO disarm, and have escaped TO the
open country. A body Of the volunteers
at Sarsgoesa fred on the troops stationed
there, and sharp fight ensued. The dis
turbance was finally quelled, but not until
blood had been shed.
Walls, Oct 9.-The insurgents In this
neighborhoOd placed distinctions on the
track of the Andalusian railroad, which
caused train of cars filed with troops, to
run off The track, four of the troops were
killed and many wounded.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-10

TELEGRAPHIC
WASHINGTON.
MEETING OF THE CABINET,
viii Of Gen. RaWIIns. =
The woOdIaWn Races.
The Georgia State Fair.
WASHINGTON.
MEETING OF THE CABINET.
Will Of Gen. RaWIlns.
The WOOdlaWn Races.
The Georgia State Fair.
WASHINGTON.

The Cabinet Considers the Hornets
rCase-Return of Elk President Davis
cameron not Disposed 90 be one Of
Grants Prime Ministers - COVOde
6ttII Alarmed.
WASHINGTON, Oct 9.-The cabinet yes
terday had brief session, and accomp-
lished nothing beyond routine business.
The case Of the Hornet was briefly touched
upon, and some points submitted inform
ally on the status of the vessel, but it was
merely decided TO await the result of the
parliamentary investigation TO come off
Eext week at Wilmington. The Cubsns
have prepared a documents attempting 10
show that this government is bound to re-
lease the vessel by all the precedents of
International law, but the law officers of
the government say that the precedents
are Just the other way. II is hardly neces.
sary to say that dispatch telegrsphed to
the evening papers yesterday that SecTe-
tary Fish had decided that the officers of
the Hornet should be tried as pirates, is
unqualifedly false.
IL is officially understood that General
Don Cameron, Of Pennsylvania, is not
candidate for TIE Secretaryship of War,
and Eould not accept it even If personally
rendered by the President. He prefers to
rem ain with his railroad interests. The
visit of the Presidents private secretary
TO him at Harrisburg on Monday last did
not, therefore, result in making General
Cameron Secretary.
Friends and relatives Of JEFF DIvis are
at Baltimore anxiOusly awaiting the ar.
rival Of the Liverpool steamer now fully
due with Davis and family on board az
passengers. Ii is stated 70 be his intention
to settle ia Jefferson, Miss.
Covode, of the Psnnsy lvania Radical
State Committee, telegraph5 that the re
suit will be close in Tuesdays election in
that State.
The Cuban agents here DO not utterly |
repudiste the idea that Higgins and his |
crew showed the white feather and ran |
into Cape FeSr river with the intention OF |
being captured, and intimate that they |
were bought up ia advance by Spanish |
G agents.
WASHINGTON, Oct. 9-The will of Gen. |
Rawiins was admitted to probate to-day.
He first begueathes to his wife and children |
his house and lot, situated at the south |
west corner of Twelfth and NJ streets, as
equal heirs, az also his lands in Cheyenne |
and Golden City, Wyoming territory, to |
hissOn, james Brandon RaWlins.
He leaves his library to his father and |
mother, his property known as RaWlins' |
homestead 10 town Of Clifford, Joe Davis !
county, ILL.,; on his death property 10 be di- |
yided into eight portions, i've to go to his |
brother Lemuel who is to safety his |
sisters, Mary and Lsura and his brother |
Robert aud keep the place as 4 home.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-10

ABOUT HANDs.-Arsene Housaye says
in his latest essay on female beauty ::
Irish girls have the most beautiful
hands. English girls have too fleshy and
plump hands. The hands of American
girls are too long and narrow The ing
ers of German girls are too short and the
palms too broad Next to the Irish girls
the daughters of Poland deserve the palm,
so far as the beauty of hands is concern
ed. The hands of French Italian and
Spanish girls may not be called indiffer-
emf, though there are more beautiful
hands to be seen in France and Italy
than in Spain The Parisiennes bestOw
q great deal Of care on their hands, and
the consequence is that superficial and
inexperienced observers will believe that
they have finer hands than the women Of
any other part of France or any other
country"
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-10

SALE OF A RAoER.-Mr. George Cads
wallader, has sold his colt Hamburg"
to Taylor Page, Esq, of Boston, Nassa-
chusetts, for the clever sum of $1,000.
Hamburg" will be remembered as the
winner of the two-year old stakes on the
Buckeye Course last week, which he
carried off in 2:45, the fastest twoLmile
time. on record. He is beautiful bay
colt, two years old, by Lexington"
dam by Churchill" Mr.. Page takes
his purchase South, to attend the com.
ing meetings in that section. go
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-10
GEORGIA.
The Coming Exhibition OF the state
Agricultural society.

The N0uaiDE EAuiblttOn Oh tht Sthte
Agricultural society.
MACON, Oct S-The Executive Com,
mittee Of the Georgia Agricultural Sos
ciety at laboriOus session lust closed
have largely added to the premium
lists. They have also passed a resolution
warmly welcoming invited guests and
others from all parts Of the country who
sympathise with the objects of the exhi
bitiOn and desire to acquaint themselves
with the resources Of the State, aud pro-
posing to use al Efforts 10 secure free
return tickets 90 such visitors They
also accepted he proposition Of the
Governor i,r an extra train for invited
guests to LynchbuTg, and appointed q
committee 10 receive nests by the train
J'he Secretary was instructed to adop
similar tenders which may be made.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-10

DAVIDSON COUNTY, Oct. 9.-Mr. Geo. F,
Akers, Nashville-Dear Sir: | send you
three hundred bushels of BOughtou seed
wheat-the produc. of Virginia seed
bought of you. This wheat yielded thirty
bushels per acre on old land, an average Of
IS pounds to the bushel. Sell it for seed,
]. G. WEBB.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-10
NASHVILLE, HENDERSON
AND EVANSVILLE IL. H.

To the Editors of the Union and American.
HENDERSON, KY, Oct. 9th, 1869: The
contract to complete the Evansville, Hens
derson and Nashville railroad was ratified
yesterday by the Board of Directors and
approved and confirmed by stockholders
Ii secures the payment of interest and
debt 10 the State of Tennessee.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-10
Police Court.

George White, drunk and disorderly;
SO and costs. Andrew McGavOck, draw
ing pistol and threatening to shoot; S.
and costs. Richard Andrews, larceny
continued. Mary Williams, using Lam
guags calculated to provoke a breach Of
the peace; costs Ellen Fisher, assault
with rocks; So and costs.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-10

10 the first race Larkin was the favoritS
and Colleen second choice, and in the sec
ond race Sally Of the Valley was the fa-
vorite snd Betty Bay second choice.
Delegates to the Commercial Convention
are arriving from all directions by every
train. Ex.President Willard Fillmore
who is TO preside over the CD vention'
reached the city at noon.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-10-10

Mrs. ABRAHAM LINC,LN is still at
Frankfort, Germany, living in great re-
tirement, and in very unpretending
quarters. She sees but few persons,
aud these generally American ladies
whom she knew during Mr.. Lineoln's
administration.