The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-01-29

apowcr by should such effect unless
judge Wilard-What do you hold be the rule where
charter granted in general terms to construct road
ter,nni definition OF location nader Low
could the Court determine the popi'cy OF tho ocauoh
that The first answer would naturally be tho shortest
line; but here questions arise with reference to dovlaons
which would necessarily result from as
Judge wiardBut what foundation would you rest the
Mr. Connor-on wiso application by tho Court of the
Of rights, Sic ne7e uo ut ae'a" nor se's Ihe
udge WinrDoes not depend reasonable necessity?
Take instance the crossing Of these roads
Columbia That allowed not because it absolute
MI Connor-I up that argument now for it suits
well other time contend that we have shown
there right of way by grant, that whatever power the
Columbia Augusta Railroad Company expressed
Judge Willard approhond that it will hardly be questioned
that Independently Of the grant the charter tho eighth
" I I a
the Act of 1863 right this location? If had the Co.
the authority tho Act Of 1868 and by the means there
named2 And if there was legal exception granting the
don they with tho construction AS in the
Of the crossing Columbia while absolute g,
right dependant upon the necessities Of the
Mr. Conner-We concede the right build the road under
the charter but that charter gives right take land
the property of corporation That is clear and the
power rights derived from tho Act
1858 This therefore is the issue Have the Legislature given
but they done so7 it oxists it must be
in express terms and thor1 is an end TO the question
location BY simply changing the location you take the
right Columbia Augusta Railroad Company under
tho chnrter to seek suitable somewhere lies the
MIR ConnerTne right their chartered power
fulfil the objects of their creation, concede they
that tho Legislature has expressly them
do that it absolutely The Act contains
n yns South Carolina aoad or o"I s "ro ISsou @
tho objects II
Just there that have boon anxious make fight The
the controversy because it is an
Issue OF actan issue to be determined by Their
doctrine necessity that unless they go
their sassrprise win fail SoN, more
mountain range, swamp, obstacle different from
Its construction and if be alleged that throw this corpora
ton of sYs
affirmed that this right by necessity They
declared that to throw them off one hundred feet
their undertaking Their complaint has been simply that
would OF it would be econ
omy for them to condemn roadbed and
Judge Wlad-When this was before me on the motion
for junction. of these questions considered and
the difficulty The thought then occurred me- suppose
should become necessary to apply reasonable rule
conclusion that Columbia Augusta Railroad Company
. from natural and convenient
other local created road what Would be
the proper action for Court of Equity Ny concl
sion was that that view could be covered by decree in equity
aud strikes would still be the proper remedy
Mr. Connerrhat hereafter in az to
the nppop1aiene of tho remedy But the point which your
Honor regards very essential has red and
unless we carry the prohibition here, rod
That is the very object Of these proceedings. What ali
appeal worth? There are only eight miles be completed
An has een made equity shall not he
tried until juno Do know will be tried ,ben
There be various pleas be heard issues to be-
decided before the Of the are reached
Admitting that it is reached that term will not th,
be carried to the December Supreme Court?
WHAT then? The road will be built and there been
in the history OF udcatuo instance rendering
decision which would divcst property Of the value
had under such circumstances acquired Your onors
to the concuson the enterprise being completed that to
repair the evil would work evil Of greater magnitude than
originally existed Tho question would be decided outside OF
law tribunals and Courts would shrink from judgment that
might involve much Of rctrogression
Judge Wilaid-Why could well grant an Injunction
then now?
Mr. ConneBecause may please your Honor pure
right is very rarely admins cred
Judge Wlllurd-But that the of
next nine months will not this Court from rendering
just decision.
Mr. CounsrIt is much easier however to prevent an evil
than to repair after has been Will YOU tea,
up road for dozen miles question abstrac yt
The principle bo correct but will yon it at sc
expense? May please the Court is impossible for the
human mind to shut out considerations of this character