The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-01-07

ing that the Columbia and Augusta Rail-
road be epjoined from prosecuting the said
work The hearing of the motion was un-
avoidably delayed, and after the hearing.
the decision of Judge Willard was delayed
by the pressure of other business. During
the whole of this time, the Columbia and
Augusta Railroad continued to work Wig
srously in constructing their road upon the
lands and right of way of the South Caro-
lima Railroad Company. Justice Willard,
as soon as was practicable, gave his judg-
ment epjeining the Columbia and Augusta
Railroad frem entering upon the lands,
right Of way, or any of the franchises Of
the South Carolina Railroad for the pur-
pose of constructing the former road; but
giving to the Columbia and Augusta road
the "liberty to move for the dissolution
"ef the injunction at any time before
"the hearing of the case, on preef that
''they have duly acquired the right to
aenter, for the purpose of construc-
s'tion, upon the premises claimed Of
"the South Carolina Railroad Company"
A melton was then pending before Judge
Platt, of the Circuit Court, to condemn the
lands and right Of way of the South Carroll
ma Railroad Company, under section eight
of the Act of 1868 This question came up,
and the South Carolina Railroad made its
formal return, showing the reasons why OBJ
lection was made; that the Columbia and
Augusta Railroad had no legal right to
enter upon the lands and right of way of
the South Carolina Railroad; that no such
right was given by the charter of the COM
pany; that no such right was to be presum-
ed or inferred from the law of 1868, section
eight, which reserved to the State the power
to condemn existing franchises, but did not,
by general grant Of power to build road,
carry with it a delegation Of power by char
ter to condemn franchise already granted;
also, that such delegation, according to the
uniform practice of law, could only be con-
ferred by express enactment or necessary
implication; and that there could be no i'm
plication, because it was susceptible Of proof
that there were ether modes by which the
Columbia and Augusta Railroad could be
carried to Hamburg without interfering with
the franchises of. the South Carolina Rail-
road. The return furthermore sets forth
that, according to law in South Carolina,
when application was made to the courts
for condemnation Of property in such cases,
and an objection was made as to the exist
snce or propriety of the occasion fer the mid
of the courts in enforcing that application,
o preliminary trial and decision Of the ques-
ton of legal right must be had; that in this
case the return of the South Carolina Rail-
road did set forth the gravest objections to
the precipitate aotien Of the court, and made
it most important to allow the determination
of the question of legal rights to preoede
the condemnation Of those rights; that in
the Court of Equity the question of legal
right could be settled, and that the South
carolina Railroad wsuld consent to take up
the case out of term time, and at any day
named, for its discussion and decision.
On December 4, 1868, Judge Platt made
his order, which has been published, sum-
noning the parties before him again on
December 10, and declaring that the only
question which he had to dispose Of prelin-
mary to the condemnation was that Of him
drance, as set forth ia section eight of the Act
Of 1868. On December 10 all the parties
duly appeared, and the afidavits of numer-
Gus parties were submitted to Judge Plstt,
who, on December II, made another decis-
len, in which he ordered o jury to be en-
panelled for the purpose of assessing COM
psnsatien for the lands and right Of way
of the South Carolina Railroad required by
the Columbia and Augusta Railroad.
The jury was drawn at Edgefeld Decem-
ber 81, and was summoned to be i'm
psnelled at Aiken on I'd January, so
that it was impossible for the parties rep
resenting the South Carolina Railroad to
appear and produce testimony. 1t was
urged to the Clerk of the Court that the
time fixed for inpanelling the jury was
unnecessarily short, and could not fail to
work great Injustice. Remonstrances and
protests, however, proved wholly unavail-
ing, and the jury was summoned to meet
on Saturday last at twelve o'clock.
At that time The parties representing both
the Columbia and Augusta Railroad and
the South Carolina Railroad appeared, and,
on behalf of the latter, the right of chal-
lenge was demanded, and the motion re-
newed for reasonable time, even until the
Monday following, that the attendance of
witnesses might be procured. Both appli-
cations were at once rejected, and the jury
proceeded at once to assess the componsa-
ton due the South Carolina Railroad, not
only with respect to the quantity and value
of the lands, but as to the special damage
which the South Carolina Railroad might
sustain, BY reason of the crossing Of the
Columbia and Augusta Railroad over its
1nrds and ripht of way