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

something monstrous in the proposition that general
enals to be construed into general grant M in the
the guardian Of the public veal who hash solemn
sanctions and guarantees vested certain rights 81
affirmation that these rights shall not be- exempt Qde
nation, pass into the hands Of single corporation
vidual that which already inherent in another No
exists but the place of this insisted that there bal
be substituted the Individual mved
by sefnterest and aQokng sosy TO
repeat s not such proposition srousR
Honors have establish that proposition
Of these defendants take property
their ey be correct tAsrs is no cheek 70
necessity should be- established; and yet
doctrine in Bakes cas the necessity proved
one Of your Honors held persons ana
lied to in exercise the Ct eneot
domain should enter upon the lands Of
under the sanction OF act the
rghttul character and proper limitations of
If the proposition of the other side be
necessary Bakes and Honors opinion
away, and the party acquires the by
value. m SCR t :.ty n94 al 4et l.s ssat9aa4t
under this section the Act of 1863 Of
bia and Augusta Railroad Company which oes
the terminus and terminus ad qe
divest the vested rights of another the
corporation that corporation chartered
point defect from it's course the
upon the rights Of Others and that when seeks
piate the only question wiz be the
Yet that actually necessarily from the
Of the eighth section, urged by these
More than that far my observation Of charters
lended and have consulted many on this nearly
every one there are prescribed limitations npon OF
lands, especially along high The very charter o
shall not o6struct public road without
equally good Provisions of similar character mi the
charter OF every corporation with which %
1863 which is the sole fountain of authority tor
and they accordingly ask to suppose that has
bodied the idea in charter that each
and from whom it will take what that rights an
ignored and the benefit corporation alone
upon section eight that such does
Aot and cannot be deduced from its Language as sg5 3
But go step further There nothing more clear than
that grants to corporation be that
wherever question Of doubt strict agnst
the corporation liberal construction n favor Of
In leading in this country argued with great ana
the decision which has been with
refer the Pennsy Railroad Company U.s. gana
sioners q PENN 22 the Chief Justice SAID een ato
eighty and disarm herself to that extent
belongs her. it easy say that aeEer peAeVe
ohars G ~ 70 BE- DOUBT Is o s
which springs from doubt is against the soporaon f me
usefulness the would be incsased by
privileges let the Legislature see to but remember taaS
nothing but plain English words will do it. * ,.4a1
Just there may it please your Honor we take pur stand
We say that company claims and sovereign
power as 10 take lands vested U.S. they must show that
delegation of authority in clear and
must be loft to doubt because where doubt EXISTS the
power does not. fssl 5g.a.si5 -, ti.3i:sp gAA
In the Bnghampson Bridge oase p.75, Sd the
opinion declares that sin grants by the PUBLIC passes
by implication " the charter is silent power IT
docs not exist IS. 4js !s..it grs+s.E@s, .sa
There is in this Act Of 1868 grant Of no limits
marked plain express nothing but negaXe Woros
saying that property shall be exempt and oon
dsmned The fair and reasonable Interpretation that tbe
and which it be condemned Is 10
incorporated in such arse
Ii this So the Act would operate BY as
repeal Of every charter heretofore granted and
The existing rights established under those nd
the law clear such repeal by implication obtain
There is very full precise statement Of aW and the
authorities upon this point in Dwnrs Stautes a and
need do than simply refer ito it, In the case 9 Ruth
oriord u Heirs u Wheaton, 203 the Chief pslee
says Whatever the legislative power may be- B
never subvert the rights q
unless it's intention do shall be expressed n terias
admit Of doubt and to shoWa clear Design 70
OBJECT object No general terms intended tyr pfop
ery which they may be rly applicable ana 9ot par
ticuarly applied by the Legislature no silent lmled ara
repeats ought ever to be understood as ayees
|" d vested right" ...ss - x ,t.aqss
And in Boston and Lowell Railroad Company Salem and
Lowell! Railroad Company Gray l. Shaw, c. j. says; we
canpot perceive any act OF the government
any of rights franchises privileges OF the Plalnuu
under tho right enont domain The characerlstcs OF
such an appropriation well known and understood 1t
must appear the intend to exercise this hgh
sovereign right by clear and terms or y
leaving doubt uncertainty respectng uoh
l. intent" :s.%sasi,. sss =
There was an elaborate examination by the Chief Justice OF
the powors OF Legislature and the rights of corporation
and his decision was tho Legislature could put
that bad rante and could by clear
Of the legislative that the power claimed could be con-
dered granted and rghtu exercised BY the corpo