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

could not by appeal and that even 1T did would
o ruin side the othor Can be done by
.pant thatJudge Patt did 10! exercise jurisdc
ton but that he has the nature and extent Of his
hat there shalbe preliminary trial. yet condemnation
17fEs been had without preliminary trial
Judge Wiard-Has any application been made to Judge
Pa upon the views alleged arrest under equity
powers he may possess the process Of construction?
Mr. Connerho Judge that he does not possess any
Assuming that the case was made before
him. which you here and that this verdict void upon
grounds connected with the action of the petitioners would
lodge any power tho Circuit Judge enjoi actual
entrance construction? be the remedy?
Previous the statute 1863 the Of Blake recognized
general equity power as residing in the Circuit Judge He
Now where such Jurisdiction existed together with the
appliances necessary enforce the remedy there ground
contend that under the Act Of 1868 such has been
entirely Invested from the Circuit Judge?
Mr. ConnerHere is the trouble, please your Honor
After the close of the nqustion OF the ury would have
gone before Judge Patt again equity ground
met by this clause Of his opinion already delivered do not
el at liberty entertain and adudcate upon most Of the
variou questions raised by the South Carolina Railroad Com
pany opposition the petition because consider
them egitinatey involved inAthc not sitting
Court of Equity upon general matters of er
snes srng bs,ees these too conpaH Bit as the judicial
officer indicated by the General Assembly, and specially in
structed bysad Act to aid in enforcing its and
upon any asserted rights objections except the simple of
$hindraaes particularly specified IN theAct" zs,a
WlardBut his Seems to have been impressed
Judge Platts mind that he not acting in mnisteriab but
judicial capacity Has he however been appealed to by
the parties before him. determine that he oany
equity power growing Of the equity the ansacon?
Conner-It pressed upon him justsexacty in the
wordof Bakes that he should either here and determine
question right consent that it should be heard
the Court of Equity How could back
the Judge said he could not entertain these
tions? 80 - 50 - s'+ - -. ss...@-
general grounds? Suppose the jues openly bribed
Mr. ConnerBut that would only reach half way 1t would
this Court decide the question who has the
legal right and only be done this Appeal and
will reach it, Prohibition is the remedy pecu
ar appropriate to the because brings the whole
tion before your Honor And is not prohibition applied
to Judge Platt he is concerned his may be
stricken but applied tho proceedings under order
of the Court until the question OF right is heard andde
termined. $50
We before this tribunal stripped of property This
question Of right has been banded from Court another
and decided by neither; meanwhile land has been
demned and the Columbia and Augusta Railroad may be
before the be heard upon merits We
therefore, ask your Honos to ntepose the power of this Court
for the correction Of the Ii mistake has been
mtted bya subordinate tribunal to the and extent
Of it's urdction it is the prerogatve OF this the highest bu
nal State the satue and your opinion will
be binding upon the action of the subordinate
1t the first time such question has been presented
and your Honors establish the precedent which IS
govern the State hereafter the adjudication of the many
cases likely to arise under this Act
press terms in the Act Of the Legislature and without judicial
authority citizen be deprived of his property AS it
stands now this is the precedent for such affirmative
proposition this Court administering the law leave
here Is tnot your duty to terose your powerfor the
recton of such error?
conviction that you will do and thus cxtricae the
subordinate tribunals from the embarrassment IN which they
placed by the absence Of we'll defined construction of
the Act, which concert of action
In bringing the here feel that have done
duty Possibly of the papers might have been omitted
preferred to lay every issue before your Honor the
Indicated this question If after calm consideration
shall be held that have right that the Columbia
Augusta Railroad Company have the power take only
our whatever else it needs mark the limits of their
authority and will strive to work within tho rule But
ask that may be longer made the victims Of violence
that may longer have property forced from u.s. and
that whenever into Court of aw may not
counter the shadowy and iuso proceedings which have
characterized tho present cae but enjoy the real substantial
protection of rights which is the duty, is the privilege
of Courts to grant
ARGUMENT HON A. e. MAGRATH, COUNSEL SOUTH
CAROLINA RAILROAD COMPANY.
lay it please yoW Hoaors supposed had passed that
stage of this cause when anything that could be said would
excite surprise but great hitherto has been my astonish
ment confess my learned friend who has just resumed his
has surpassed all that has gone before in the boldness
of his proposition that the question of legal right in this mat
ter already decided by Judge Pla and the attempt to
prove by the order Of that Judge 1t difficult to under
stand upon what foundation such proposition rests for it
involves the utter negaon the most positive disregard of the
language which that magistrate has himself used and
which u.s. least ought by the counsel the other side
be held his justification in this matter Will your Honors
for entertain the idea that it the intention
of Judge Patt to decide this question in fact and yet not
decide in words? Are you prepared to believe for
IL .pC