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

taking of their lands and rh of way prayed fo will be
hndanco and enjoyment by respondcnto
highway within the intent and meaning the Act
"appear by produced
wol taken then and in such the of the petition
be denied provided and by section eight of the Act
"atoresaid'
May please you, this clearly indicate that
hindance? When the question came before him subsequently,
The Chof Jrsjcehe Court does not desire to hear
further that point Judge Patts opinion will speak for
MI MyraI conc thop TO tho consideration of questions
that really OF debate We before this Court
motion for prohibition and the first thing havo do is to
show Honors have doubt on tho subject that
tho power order prohibition is in this Court.
In Section Article Of the the Constitution of South tn Caro-
"appelatc jurisdiction only in of chancery, and shall
regulations General Assembly may by pre-
scribe Portde the said Court shall always have
"pus and orig gina remedial as nay be
NECESSARY gve it. ge"er" supervisory control all other
prohibition" is lerc to be found but
within I the scope of this tribunal the power to use it as
clearly granted in that clause of the constitution if it had
tho of the State Hopkins Dudcy's L. r., 1O7 it
hold that "wllen subordinate tribunals judicial
power IND err on the question OF that is ground for
for unless there some common controlling sub
1ience that thero would be uniformity in DECISIONS
dcon not possessed error rs to cxtcn Of powers? Every
thing turns on that Tho difficulty is in showing where
officer the extent of his right and fails exercise
the whole Of the jurisdiction.
Mayrath-I that presently In the case
it said whether the right appeal not or
whether the roators avad themselves of it or not if tho
subject maor was not under their cognizance every step was
cor1n non JUDGE that in the fifteenth
section of the article Of tho constitution language
very different in relation the power proh-
other remedial and original which
is used the fourth section quoted They Oeferrng
the Circuit Judges) shall have to issue wrs of
aus proihton acas and all other writs which may
be necessary for @ carrying TIER he & powers Ga fully into effect
supervision which the constitution intended give this tr-
in to each circu c1.,t in South Carolina '''0
The learned counsel who opened the argument yesterday in
that your onor could proceed under this fourth
that legislation lie forgot that by the very
the constitution this Court, exercise this
power, above and beyond the Legislature the
and M i the can j" no M WISE "a 1iG n nat grant of Gwyr
to it much the Kings writ does the King himself
preme States and the power given to this
Court under the constitution Of this State regard this
United States exercised under Act OF Congress- and
tn d o% sy That a e ouy " % to to Dis
Jurisdcon and these words at confer and limit
given this Court and be exercised when necessary
p to yo " o a cr is ca" n oGn % m
fore may be the Court, it is made subject the
% o auhoy of f p o pS Sat
BY the constitution the organic law of the State submit
that the power OF the Court ample and its exercise
cssay ii the mako out is which prohibition
ought to apply.
III thon The power of this Court clear case made
Tor its exercise equally 1t is the record before
Court lprcsents the plain proposition that Judge PIa has
construed it in regard to his under that Act in regard
the embraced that Act
the protection which he bound give the legal
before he could proceed condemn and make them
forfeit corporation who would make claim
them And the proposition contend for is, that
person corporation before Judge Platt sitting in Chambers
asks his order to condemn to It's USE existing franchise
privilege granted other corporation
terms BY The authority the Legislature of the State ana
person corporation holding enjoying
franchise privilege denes that the Legislature
dves such franchise privilege shows that
Of the person corporation claiming there express
words to support the claim evidence sustain any mp
caton before Judge Putt by order
thus initiate proceedings to condemn and forfeit pre-
existing franchise or privilege hcro must be preliminary
trial and decision the intent the Legislature
its peexsn Of such franchise privileges
the same III the corporation making Claim
We say and is not denied tat what sought
from the South Carolina Railroad granted the
authority OF the State itself That The
pressed its to what has
the same tho Columbia and Augusta Railroad Company.
And that before Judge Patt thus Carolina
Railroad Company Of its legal rights he that the
Legislature intended That for the decision qucsti
OF intent trial and decision preliminary
thereof must be had And that Judge Pat power
under the constitution and laws OF this State, decide
question, his Chambers still less has proceed
condemn while he refuses to hear and decide; yet in his
condemnation involve the iden having heard and do
cided.