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

Mr. Magrah-I do not wish to discuss other than the
Is THIS case and relation to it say question OF
involves he asceranment of facts whcn on
often Of scientific persons or no result o
ncsase Chancelor may the decision OF such
the safer lan and 9ne pan wnan &c mas iot ,
That thew viii generally direct issue for the trial OF
sueS Questions in Of law competent to decide them
cama now TO look the charter OF the Columbia and
t RaiIroad Company for is there that find what
have it. And desire to call your atten
hon that BY the ACT Of 1888 az STAT Sss this
formed for the construction OF railroad "on
he most PRACTICABLE route from point in the City OF
Columbia TO- the Savannah River the Town OF Ham
s burg etc 1863, when that charter was amended the
words on most practicable route omitted and as
Speedily as nay practicable were inserted instead
eighteenth section of the charter OF 1913 IL was p
Vded said company shall have the right when necessary
to- conduct TIE said road along any pubhc ROAD OF
course provided said company shall not oossdcs "a any
public without constructing another equaiy as goou w 10
So In the absence any contract etc. it shall be
the land which the road may DC s
space feet on each sue Oh 'ne cene Oh ne
r road has been granted to the company:
Section FL heretofore granted nor appropriated
by law to the the State, within slxy-hVe feet OF the
centre Of the road shall in the company ANY grant OF
e Ihla Same thereafter @shal be void" ,:a
NOV may please the Court submit that the answer to
the claim Of the Columbia and Augusta Railroad Company is
found in its charter 1t will be Observed that according
amended Act Of 1862 there is no location marked put
he power to construct given between eraa only There
no express language clear intent of the Legislature to
delegate to it without qualification the exercise of eminent
railroad where its simply given question that
has passed legal adjudication shall presently show
roa e g pubic Or
and the twenrst section restricts the corporation
claim land Which has been heretofore apps0pr
atsd by the law to theuse OF the State. .'s
Judge Wlar-Is not that clause understood as virtual
proprietary of the State of all lands not otherwise appro
Mr. Marath-Be 1t so but remember that that which s
claimed is that which has been already appropriated
land corporation is authorized ny charter 10 take IRON
afnrth1
law to the the The Columbia and Augusta Rail
Company however claim that under general grant or
authority to construct road between certain traln lgn5
is appropriate itself lands which had been already
by another corporation and therefore as
snoh to the use the State In other words the Columbia &
augusta Railroad Company claim what its charter especially
excludes it from claiming.
now wish bring directly to your notice the grant
of the right Of way the Columbia and Augusta railroad
Company sxtyfve feet submit, that when corpo-
ration goes before the Legislature of South Carolina asks
charter railroad and obtains the right to take
sixtyfye feet from the centre of the road that crcum
stance which every Court will consider IN determining the
Of the I tent the & s Gensra sembv of
this State gave the Coumbs and Augusta Railroad company
the their ne and 10 take sxyve feet on
each side of the their road at the same time declaring
it shall take property lands already appropriated to the
State within the power OF that corporation
nss of a line upon which could not go with its grant
Gxyye feet It's charter is contract the State
and corporation and the latter could not place the road upon
any land it was not expressly authorized to take The
right to locate the road carried with it The right to sixty
I've feet on each side centre and the right to
feet would give right the roadbed itself OF the
South Carolina Railroad Company Wherever the Columbia
and Augusta Railroad Company locate Its ne there It's
charter gives sxtyfve feet from its centre And Judge
has locate the line Of that road ne has power
that corporation any incident to thatnc which
charter If he has power to locate the line upon the
right of way of the South Carolina Railroad it can only be
becane is tbs right of the Columbia and Augusta Railroad
have there its line and such is its right lie cannot h
limit greater than it's charter provides.
Your Hono.s have had read you the bill fled by the
Carolina Railroad Company in the case that was before
Chanoeor Carroll for purpose showing that this line
in that BILL but the counsel the other side
not read to you of the Columbia and Augusta
Railroad Company denying that it in controversy Per
to supply the omission read from the Answer OF
the Columbia and Augusta Railroad Company:
nrther these defendants say and admit that they have
laid ont the line Of track, extending from point on the
and South Carolina Railroad, within the city limits
Columbia through the Town OF Hamburg to point on the
Georgia Baroad within the city limits OF Augusta Ihey
the first surveys of said line were made as early
spring and 1854 under charter granted by
Act Of the General Assembly ratified on the 20h day OF
ADecember A. D. 1853 but which repealed by the Act OF
Assembly herenbetore referred ratified the 2lst day
1853 and that the of the present
slime being worked upon made as early as the TAU OF
year 1863 They admit that they have commenced the
work Of constructing their railroad track having commenced
the grading the tall Of 1861 al Granevile near the line OF
railroad Of compainants which connects Charleston and
Hamburg and subsequently sundy points along this line
(except during few weeks after the march of Gen.
Sherman's army through the State)
admit they pressing completion said road that